HomeMy WebLinkAboutCity of Tamarac Resolution R-97-088Temp. Reso. #7798
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March 7, 1997
Rev.#1-3/18/97
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97 $ 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF
BID #97-0913 FOR THE EXTERIOR PAINTING AND
WATERPROOFING OF THE TAMARAC MUNICIPAL
COMPLEX AND BROWARD SHERIFF'S OFFICE BUILDING
TO EAGLE PAINTING, INC.; AUTHORIZING AN
EXPENDITURE WITHIN THE GENERAL FUND IN AN
AMOUNT NOT TO EXCEED $24,800; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac publicly advertised Bid #97-096 for the exterior
painting and waterproofing of the Tamarac Municipal Complex and Broward Sheriff's Office
in the Sun -Sentinel on December 29, 1996 and January 5, 1997; and
WHEREAS, on January 16, 1997, eleven bids were opened and reviewed to
determine cost and responsiveness to the City specifications; and
and
WHEREAS, Eagle Paint submitted the lowest responsive bid proposal at $24,800;
WHEREAS, it is the recommendation of the Director of Public Works, the Public
Works Operations Manager and the Purchasing/Contracts Manager that Bid #97-0913 be
awarded to the lowest responsive and responsible bidder, Eagle Paint, Inc; and
WHEREAS, available funds exist in the General Fund Budget for said purpose; and
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Temp. Reso. #7798
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March 7, 1997
Rev.#1-3/18/97
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 approve the award
of Bid #97-09B for exterior painting and waterproofing to Eagle Paint in an amount not to
exceed $24,800.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 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
upon adoption hereof.
SECTION 2: The award of Bid #97-0913 to Eagle Paint in the amount of
$24,800 is hereby approved, a copy of the Bid Tabulation being hereto attached as Exhibit
SECTION 3: That the appropriate City Officials are hereby authorized to
execute an agreement with Eagle Paint for exterior painting and waterproofing, a copy of
said agreement being hereto attached as Exhibit "2".
SECTION 4: Authorizing the City Manager or his designee to close the bid
award, including but not limited to making final payment and releasing of funds upon the
satisfactory completion of work.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #7798
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March 7, 1997
Rev.#1-3/18/97
SECTION 6: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
approved this
RE -SOLUTION as to form.
CITY ATTORN
MAG: mf-(Com m. Mtg. 4/9/97)
,?d day of APR 1 L 1997.
RECORD OF COMMISSION
MAYOR a
DIST
DIST 2.ylt`tr1t. '
DIST 3:699W. 5
DIST 4:CC=- &ATA71
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AGREEMENT AMENDMENT
BETWEEN THE CITY OF TAMARAC
AND EAGLE PAINTING
FOR EXTERIOR PAINTING AND WATERPROOFING SERVICES
FOR THE TAMARAC MUNICIPAL COMPLEX
AND BROWARD SHERIFF'S OFFICE BUILDING
The CITY OF TAMARAC and EAGLE PAINTING agree to amend the original
Agreement dated April 30, 1997 as foiiows:
Article I. Scope of Work:
1.1 The Agreement is amended to further detail the specifications for the Exterior
Painting and Waterproofing Services for the Tamarac Municipal Complex and
Broward Sheriffs office Building as contained in proposal letters dated April 25,
1997 and April 29, 1997:
1. Bleach wash, pressure clean.
2. Prime with one coat of Benjamin Moore's Masonry Sealer #077 all exterior
stucco and masonry sheer wall surfaces.
3. After sealing, repair all cracks and caulk all windows using Benjamin
Moore's Moorlastic 55 Year Urethane Acrylic Sealant #465.
4. Apply one coat of Benjamin Moore's Moorlastic Elastomeric
Waterproofing #056 to all masonry sheer walls.
5.
1.2 Warranty:
At the completion of the project Benjamin Moore & Co. will issue a seven
(7) year non -prorated labor and material warranty for all stucco surfaces.
2. Eagle Painting will give a Five (5) Year Warranty on all labor performed
covering improper application of any and all materials applied to the
Tamarac Municipal Building and the Broward Sheriffs office.
Eagle Painting will provide a Five (5) Year Warranty upon completion of
work, prior to final payment. This will cover all paint which chips, peels, or
flakes due to improper application.
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E
All other portions of the original specifications and agreement are in effect as written.
IN WITNESS WHEREOF, the parties have made and executed this Amendment on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and
EAGLE PAINTING, signing by and through its President, duly authorized to execute
same.
ATTEST:
Carol Evans, City Clerk
Date: Aril 30, 1997
ATTEST. -
Corporate Secretary
___,,Lj N T 5 F / & �_l>
Type name of Corporate Secretary
(CORPORATE SEAL)
CITY OF TA RAC
By:
ayor - Joe Schreiber
Dat : April 30, 1997
Robert S. Noe, Jr., City Man ger
Date: April 30, 1997
roved as to for nd legal
ciency:
hell S. Kraft, Citywtoey
EAGLE PAINTING
ack Field, President
Type/Print Namee pf President
Date.
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EXHIBIT "2"
TEMP. RESO. No. L L
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND EAGLE PAINTING
FOR EXTERIOR PAINTING AND WATERPROOFING SERVICES
FOR THE TAMARAC MUNICIPAL COMPLEX
AND BROWARD SHERIFF'S OFFICE BUILDING
THIS AGREEMENT is made and entered into this 30 day of April 11997
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 Eagle Painting with principal
offices located at 817 N.W. 98 Avenue, Plantation, FL 33324 (the "Contractor") to provide
for exterior painting and waterproofing services for the Tamarac Municipal Complex Ad .
the Broward Sheriff's Office Building.
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary, and other Conditions), the 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.
1. Contractor shall furnish all labor, materials, and equipment necessary to paint and
waterproof the Tamarac Municipal Complex and the Broward Sheriffs Office
Building.
2. Contractor shall bleach wash, pressure clean and seal all exterior stucco and
masonry sheer surfaces with specified masonry sealer.
3. After cleaning and sealing, Contractor shall repair all cracks and caulk all windows
with urethane acrylic sealant as specified.
0 4. Contractor shall properly prepare planters, columns, trash area stucco and
horizontal surfaces and topcoat with low lustre latex house paint as specified.
oR.4GINAL
TEMP. RESO. No.
Agreement between City of Tamarac
and Eagle Painting
5. Contractor shall prepare all metal doors, frames, steel beam supports. Surfaces
shall be sanded and cleaned to remove all dirt, mildew and loose or peeling paint.
6. Contractor shall clean up and remove each day all debris and material created by
the work at Contractor's expense.
7. 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.
8. 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.
9. 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.
10. 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, Worker's 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.
2
ORIGINAL
TEMP. RESO. No. 77
Agreement between City of Tamarac
and Eagle Painting
Contractor shall be responsible for payment of all deductibles and self-insurance retentions
on Contractor's Liability Insurance policies.
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 ten (10) days after the date that Contractor
receives the Purchase Order and shall be carried on at a rate to ensure its full completion
within six (6) weeks.
5) Contract Sum
The Contract Sum for the above work is Twenty -Four Thousand Eight Hundred
Dollars and no cents ($24,800.00). The contract sum is determined by the cost of labor
materials and equipment necessary to complete the job located at 7525 NW 88th Ave.,
Tamarac, FL 33321, also known as the City of Tamarac Municipal Complex and the
Broward Sheriffs Office Building.
0 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 painting and waterproofing of the Tamarac Municipal
Complex and the Broward Sheriffs Office Building against defects for a period of one (1)
year (or the manufacturer's product warranty period) from the date of completion of the
work. In the event that defects occurs during this time, Contractor shall perform such steps
required under Paragraph 2 of this Agreement to the affected areas of the work performed.
3
ORIGINAL
TEMP. RESO. No. 7 G
•
Agreement between City of Tamarac
and Eagle Painting
Contractor shall be responsible for any damages caused by defect to effected area.
9) Indemnification
The Contractor shall indemnify and hold harmless the City, its elected and 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.
Nothing contained herein is intended nor shall be construed to waive CITY's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
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.
►,l
ORIGINAL
40 Agreement between City of Tamarac
and Eagle Painting
12) Assignment and Subcontracting
TEMP. RESO. No.�
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
following addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Jack Field
President
Eagle Painting
817 N.W. 98 Avenue
Plantation, FL 33324
(954) 423-0681
14) Termination
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
ORIGINAL
TEMP. RESO, No.,,�
isAgreement between City of Tamarac
and Eagle Painting
•
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.
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.
r9i
ORIGINAL
TEMP. RESO. No.
•
•
•
Agreement between City of Tamarac
and Eagle Painting
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
EAGLE PAINTING, signing by and through its President, duly authorized to execute same.
ATTEST:
Carol Evans, City Clerk��
Date: April 30, 1997
ATTEST:
Corporate Secretary
Typa name of Corporate Secretary
(CORPORATE SEAL)
7
CITY OF TAMARAC
By:
d` a Schreiber, Mayor
Date: L"i 1. 300 1997
Robert S. Noe, Jr., City Manage
Date: April 30, 1997
as to fo
II S. Kraft;
EAGLE PAINTING
Eck Field, President
Type/Print Name of President
Date: 7-1 Zql A-7
ORIGINAL
isAgreement between City of Tamarac
and Eagle Painting
STATE OF FLORIDA
:SS
COUNTY OF .
L
TEMP. RESO. No.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in,th �o�anty/aforesaid to take acknowledgments,,person Ily appeared
(officer or agent and title) (name of co (oration)
a Corporation, to me known to be the person(s) described in and
(State or place of corporation) ,, //
22 d the foregoing instrument and C- acknowledged before me that
H who execu executed the same.
WITNESS my hand and official seal this -� /day of -�" 19 C
NOTAFkY-P C, State of Florida at Large
(Name o( Notary Public: Print, Stamp, or Type
as Commissioned)
( ) ersonally known to me or r�
(.4roduced Identification
pe of I.D. Produced
( ) DID not take an oath, or ( ) DID NOT take an oath.
u Aco ntra cts\paint\eagle
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