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HomeMy WebLinkAboutR-1998-034 RESOLUTION NO. 34-98 RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND WORLD OF COLORS, INC. FOR LABOR AND MATERIALS NECESSARY TO COMPLETE THE PAINTING OF THE CITY OF DANIA WOMEN'S CLUB; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, I FLORIDA; +' Section 1. That that certain agreement between the City of Dania and World of Colors, Inc. for labor and materials necessary to complete the painting of the City of Dania Women's Club Building; a copy of which is attached hereto and made a part hereof as Exhibit A, be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 1011 DAY OF MARCH 1998. � )-lull a' MAYOR-COMMISSIONER ATTEST: CITY CLERK-A ITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTOry N Y RESOLUTION NO. 34-98 I I AGREEMENT THIS IS AN AGREEMENT ("Agreement"), dated the 10" day of March, 1998 between: CITY OF DANIA, a municipal corporation of Florida, hereinafter referred to as "City" or "Owner", 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and WORLD OF COLORS, INC., a Florida corporation, hereinafter referred to as "Contractor" or"Painting Contractor", 348 S.W. 13"' AVENUE, POMPANO BEACH, FLORIDA 33069. The "Project" is the labor and materials necessary to complete the painting of the City of Dania Women's Club Building, as labor and materials are more particularly described in the Painting Specifications which are a part of Contractor's executed Bid Proposal, which is incorporated into and made a part of this Agreement as Exhibit "A", attached. WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the sufficiency of which is hereby acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement, and to generally express the objectives and intentions of the respective parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration hereafter fully set out shall furnish all the material, equipment and labor to perform all the work necessary to complete the Project, all in full and complete accordance with Exhibit "A" and City's Invitation Bid, which are attached hereto and made a part hereof as if fully contained herein; Di r.. 1.2 The City advertised its notice to bidders of the City's desire to hire a firm to complete the Project, for the said bid entitled: BID PROPOSAL FOR PAINTING OF CITY OF DANIA'S WOMEN'S' CLUB BUILDING, 7 NW FIRST AVENUE, DANIA, FLORIDA 33004. 1.3 On February 24, 1998, the City awarded the bid to Contractor and authorized the proper City officials to negotiate and enter into an Agreement with Contractor to complete the Project. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 Contractor hereby agrees to perform the work necessary to complete the Project on City's property, in accordance with the specifications described therein. Contractor agrees to do everything required by this Agreement, and any and all other documents incorporated into this Agreement. 2.2 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 2.3 Contractor hereby represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and manpower to perform the services to be provided by Contractor pursuant to the terms of this Agreement. I 2.4 Contractor hereby represents to City that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the services under this Agreement. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. 2.5 Contractor hereby agrees to conduct all work and services under this Agreement in accordance with all the applicable federal, state, and local laws or regulations. A violation of any federal, state, or local law or regulation may be cause for breach, allowing the City to terminate this Agreement. 2.6 Contractor shall guarantee the complete Project against poor workmanship and faulty materials for a period of seven (7) years after final payment and shall immediately correct any defects which may appear during this period upon notification by the City or the City's Liaison, as described in the Painting Specifications for the Project. -2- ARTICLE 3 PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. ARTICLE 4 TERMS AND CONDITIONS 4.1 Contractor shall begin to perform the work to the City Property toward completion of the Project commencing no later than thirty (30) days from the date first above written ("Commencement Date") and shall notify City of Commencement Date. Contractor shall complete said Project no later than thirty (30) days after Commencement Date ("Termination Date"). 4.2 This Agreement may be terminated by either party for cause, upon thirty (30) days written notice from one party to the other, in which event the Contractor shall be paid compensation for any improvements toward completion of the Project before the Termination Date. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the full contracted fee amount. All finished or unfinished materials, documents, data, studies, surveys and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, I if any, is made to Contractor by City. ARTICLE 5 COMPENSATION AND METHOD OF PAYMENT 5.1 City agrees to compensate Contractor for all the improvements completed by Contractor pursuant to the provisions of Contractor's Bid Proposal which is incorporated into and made a part of this Agreement: TOTAL BID AMOUNT: 3$ ,500.00 The total compensation amount may not be exceeded without a written amendment to this Agreement. 5.2 Payment will be made to Contractor at: World of Colors, Inc. -3- i 348 S.W. 13" Avenue t Pompano Beach, Florida 33069 5.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the City other than those arising from unsettled liens, lawsuits, faulty work appearing within seven (7) years after final payment, or from other requirements of the Painting Specifications for Project. The making and acceptance of final payment shall constitute a waiver of all claims by the Contractor. ARTICLE 6 CHANGES IN SCOPE OF WORK 6.1 City or Contractor may request changes that would increase, decrease, or otherwise modify the Project, as described in the Contract Documents, described in this Agreement. These changes will affect the compensation accordingly. Such changes must be contained in a written amendment, executed by the parties hereto, with the same formality as this Agreement, prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 6.2 In no event will the Contractor be compensated for any work which has not been described in a separate written Agreement executed by the parties hereto. ARTICLE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City and any third party arising out of, or by reason of, or resulting from the Contractor's negligent acts, errors, or omissions. 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the above mentioned matters. The Contractor further agrees not to sue or seek any money or damages from City in connection with the above mentioned matters. ;� -4- I 1 ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this contract until Contractor has obtained all insurance required under section 8.5 of this Article, and such insurance has been approved by the Risk Manager of the City ("Coverage"), nor shall the Contractor allow any subcontractor to commence work on any sub-contract until all similar such Coverage required of any subcontractor has been obtained and approved. 8.2 Certificates of insurance, reflecting evidence of the Coverage, shall be filed with the Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and whose financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 City shall be an "additional named insured" under the general liability policy including product liability. Contractor will provide complete copies of any insurance policy for required coverage within seven (7) days of the date of request by City's Purchasing Division. In addition, Contractor shall be responsible for any policy deductibles and self- insured retentions. 8.4 Coverage shall be in force until all work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal acceptance by the City or City's Liaison. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the contract and any extension thereunder is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED HEREIN. 8.5 REQUIRED INSURANCE. 8.5.1 General Liability Insurance includes products, completed operations and blanket contractual liability with bodily injury limits of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. 1 8.5.2 Workers' Compensation insurance shall be maintained by Contractor during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.5.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. Coverage shall include owned, hired and non owned vehicles. The Contractor shall hold the City, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete the Project. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor under this Agreement is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder. Provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. i i Ii i ARTICLE 10 CONSTRUCTION PERFORMANCE BOND 10.1 At the time of the execution of this Agreement, Contractor shall furnish a Construction Performance Bond or a Letter of Credit in the amount of 150% of the bid from Contractor's lending institution which will be considered Bond Coverage for the City. The Performance Bond shall guarantee to the City the completion and performance of the work covered in the Agreement. The Performance Bond or Letter of Credit shall at all times be valid and in force to cover the work being performed. The Performance Bond shall be executed by a Surety Company approved by the U.S. Treasury Department, licensed to do business in the State of Florida, and having a registered agent in Broward County. 10.2 The Contractor agrees to keep such Bonds, or a replacement thereof, in force at all times during the course of performance of this Agreement. In addition to the foregoing requirements, such Bond shall contain provisions, whether by attaching i endorsements or supplemental Agreements, guaranteeing to the City the completion of services described in this Agreement. Contractor may comply with the requirements of this provision by causing said Bond to specifically name the CITY OF DANIA as one of the parties to whom the protection afforded by said Bond is extended or as an alternative, may furnish the City with a separate Performance Bond meeting the same criteria provided above. ARTICLE 11 DEFAULT OF CONTRACT & REMEDIES 11.1 lguidated Damages. It is mutually agreed between the parties hereto that time is of the essence of this Agreement, and in the event the Project is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain the sum of Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and Holidays included, that the work remains uncompleted and the City is denied full benefit of completion of the Project, which sum shall represent the damages which the City will have sustained per day by failure of the Contractor to complete the Project within the time stipulated, and this sum is not a penalty, being the liquidated damages the City will have sustained in the event of such default by the Contractor. 11.2 Remedies in Default. In case of default by Contractor, then the City, or City's Liaison, shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct him to comply with all provisions of the -7- Agreement. A copy of such written notice shall be mailed to the Surety on the Performance bond ("Surety"). If the abandonment, delay, refusal, failure, or neglect is not cured within seven (7) days of the date when notice was sent by City, City may declare a default of this Agreement and notify the Contractor and the Surety of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of Contractor and proceed to perform the work under the Agreement at its own cost and expense. 11.2.1 Upon such declaration of default, all payments remaining due the Contractor at the time of default, less all sums due the City for damages suffered, or expenses incurred by reason of default, shall be due and payable to the Surety. Thereafter the Surety shall receive payments equal to those that would have been paid the Contractor had the Contractor continued to perform the work under the Agreement. I 11.2.2 If such Surety fails to perform, the City may complete the Project, or any part thereof, either by day labor or re-letting a contract ("Default Contract') for the same, and procure the equipment and the facilities necessary for the completion of said Default Contract, and charge the cost of same to the Contractor, the Surety or both, together with the costs incident thereto to such default. i 11.2.3 In the event the City completes said Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by said Contractor, City shall retain such differences. Should such cost to the City be greater, the Contractor, the Surety or both shall pay the amount of such excess to the City. ARTICLE 12 BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed. ARTICLE 13 DISPUTE RESOLUTION 13.1 Arbitration. In addition to any other remedy provided hereunder, the City, at its sole option, may use arbitration to resolve any controversy or claim arising out of or relating to this Contract if arbitration is elected by the City. Any controversy or claim 8 arising out of or relating to this Contract, or breach thereof, may be settled by arbitration in accordance with the rules of the American Arbitration Association and final judgment upon the award rendered by the arbitrators may be entered into by any court giving jurisdiction thereof. In the event arbitration is elected by the City, such controversy or claim shall be submitted to one arbitrator selected from the National Panel of The American Arbitration Association. 13.2 Operations During Dispute. 13.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, performance or compensation hereunder, the Contractor shall continue to render service in full compliance with all terms and conditions of this Agreement as interpreted by the City regardless of such dispute. 13.2.2 The Contractor expressly recognizes the paramount right and duty of the City to provide adequate maintenance of the City's Property, and further agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court, but will negotiate with the City for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction, to which jurisdiction Contractor will submit, in an appropriate suit therefore instituted by it or by the City. 13.2.3 Notwithstanding the other provisions in this Section, the City reserves the right to terminate the Agreement at any time, whenever the service provided by the Contractor fails to meet reasonable standards of the trade within fourteen (14) days of the receipt by the Contractor of written notice from the City of the deficiencies of the services provided by Contractor. ARTICLE 14 MISCELLANEOUS 14.1 Ownership of Documents. Reports, surveys, studies, and other data provided in connection with this Agreement are and shall remain the property of City, whether or not the Project for which they are made is completed. 14.2 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 9 tor I I 14.3 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 14.4 Assignments and Amendments. This Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of Contractor shall constitute an assignment which requires City approval. However, this Agreement shall run to the City and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. j 14.5 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining parry, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective places for giving of notice: City: Michael Smith City Manager 1 City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 -10- Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P O Box 522 Fort Lauderdale, Florida 33302-0522 Contractor: World of Colors, Inc. 248 S.W. 13'h Avenue Pompano Beach, Florida 33069 14.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14.8 Headings. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14.9 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 14.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 14.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 14.12 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 14.13 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. is utes. An claim objection, or dispute arising out of the terms of this 14.14 Dom_ y 4 1 P Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward County. 14.15 Attorneys' Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs in addition to any other remedy afforded by law. 14.16 Protection of City Prouertv. At all times during the performance of this Agreement, the Contractor shall protect the City's property from all damage whatsoever on account of the work being carried on under this Agreement. 14.17 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA, a Florida Municipal Corporation ATTEST: MARIA JABALEE JIM CALI CITY CLERK-AUDITOR MAYOR-COMMISSIONER MICHAEL W. SMITH CITY MANAGER APPROVED FOR FORM ND CORRECTNESS: BY: .J � I , ( ;, t T OMA J. A SBRO CITY ATTORNEY [Signatures Continued on Next Page] -12- tow CONTRACTOR: WORLD OF COLORS, INC. By: Print Name: Title: BEFORE ME, an officer duly authorized by law to administer s President nd take World acknowledgments, personally appeared of Colors. Inc., a Florida corporation and acknowledged execution of the foregoing Agreement as the proper i the use and in it and affixedtheffico al seal of the corporation,t and that purposes that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal ast in the 1199 State and County aforesaid on this day of Notary Public, State of Florida at Large My Commission Expires: GAWKILESMAkDANIAMOMEN'S CLUB PAINT.AGMT 03/05198 -13- INVITATION TO BID CITY OF DANIA, FLORIDA NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, IS SEEKING SEALED BIDS FOR: PAINTING OF THE CITY OF DANIA WOMEN'S CLUB BUILDING LOCATED AT 17 NW FIRST AVENUE, DANIA, FL 33004. SPECIFICATIONS MAY BE OBTAINED FROM THE PURCHASING DIVISION AT 100 W. DANIA BEACH BLVD., DANIA, FL 33004, OR BY CALLING (954) 921-8700, EXT. 218. BIDS WILL BE ACCEPTED UNTIL 3:15 P.M. ON WEDNESDAY, FEBRUARY 4, 1998, IN THE OFFICE OF THE CITY CLERK, ADMINISTRATION BUILDING, 100 W. DANIA BEACH BLVD., DANIA, FL 33004, TO BE OPENED AT 3:30 P.M. ON THE SAME DATE. FOR ADDITIONAL INFORMATION PLEASE CONTACT KEN KOCH, BUILDING OFFICIAL, AT (954) 921-8700, EXT. 258. ENVELOPES MUST BE SEALED AND PLAINLY MARKED: "PAINTING -WOMEN'S CLUB BUILDING" THE CITY COMMISSION OF THE CITY OF DANIA RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY AND ALL INFORMALITIES OR IRREGULARITIES, AND OR REJECT ALL OR ANY PART OF ANY BID AS IT MAY DEEM TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF DANIA. THE CITY OF DANIA ENCOURAGES PARTICIPATION BY SDBE FIRMS. /S/ MARIE JABALEE CITY CLERK PAINTING SPECIFICATIONS FOR CITY OF DANIA WOMEN'S CLUB BUILDING 17 NW FIRST AVENUE DANIA, FL 33004 GENERAL I. General Conditions: 1. For all labor performed by the Painting Contractor, the Painting Contractor shall include famishing all materials, labor, tools and equipment to complete the coating of the buildings specified. 2. The Painting Contractor's submitted bid constitutes an understanding of all specifications and conditions related to this project. He accepts all responsibility for the preparation of all substrates and the correct application of coatings specified. 3. The specifications stipulated herein shall be considered a part of the painting contract. Any disagreements over any portion of these specifications must be brought to the attention of the Owner or Owner's representative who will determine any changes that must be made. II. Colors: 1. All main wall, soffit, and fascia surfaces, A/C duct, water-heater cover, doors and windows—Antique White. 2. Main entry door, frame, and side light trim; roof eavedrip; shutters; window frames; sills;trim and muntins—Medium Grey. III. Substrates to be Coated: 1. Exterior exposed wood clapboard walls,±2,300 square feet. 2. Exterior soffit,±6"wide, ± 150 lineal feet. 3. Exterior fascia/molding,±4"wide,±25 lineal feet. 4. Wood/Plastic shutters, 19 each,± 110 square feet. 5. Small wood structure that houses water heater. 6. Previously painted metal eave drip, ±225 lineal feet. 7. Previously painted metal A/C ducting, excluding A/C package unit. IV. ' Alternates: I 1. Method of cleaning and/or preparation may be modified. Submit as a separate method and price in addition to methods specified. V. Workmanship: 1. All coatings shall be applied free from runs, sags, holidays, wrinkles, streaks, shiners, and brush marks. 2. All materials shall be applied in a uniform manner. Any thinning of coatings shall be done in accordance with the manufacturer's label instruction. 3. No exterior painting shall be conducted if air or surface temperature is below 50 degrees F, nor immediately after rain, nor until frost, dew or condensation has had time to evaporate. 4. Painting Contractor shall assure that all work is performed in a workmanlike manner, and carried out so as to minimize any inconvenience to the residents. The Painting Contractor shall maintain a full work force from the commencement of work to its completion. He shall have a qualified foreman on the job site at all times. VI. Materials: 1. Bids shall be based on coatings which meet requirements of specifications. Manufacturer's specifications and information to be submitted with bid proposal. 2. All coatings shall be delivered to the job site in the manufacturer's original, sealed containers with manufacturer's labels. 3. The Owner reserves the right, at his own expense, to take samples of any materials the Painting contractor plans to use and have it tested by an approved laboratory to confirm that the coatings as are specified in this specification. VII. Extras: 1. It is anticipated that the work specified herein shall be inclusive and there shall be no extras or changes. The need for extra work or changes in the work specified shall be the sole responsibility and decision of the Owner who will submit a written work order to the Painting Contractor. Without such written work order from the Owner, no extra work or changes shall be incorporated in this project. VIII. Warranty: 1. Contractor shall provide a minimum seven (7) year warranty on paint materials (by manufacturer.) 2. To assure proper control and documentation all required materials shall be purchased from a single location. This source shall be agreed upon prior to the commencement of work. R f . IX. Inspection: 1. Any coating application or surface preparation which does not conform to this specification, or which does not meet with the approval of the Owner's representative, shall be removed, corrected and/or repaired or repainted to meet specification. The Painting Contractor shall be available for regular inspections throughout the work process. X. License & Permits: 1. The Painting Contractor shall include with his proposal a copy of any valid Occupational and Professional Licenses necessary to operate in Florida. Broward County and in the City wherein the project is located. XI. Insurance: 1. Proof of the following insurance will be fumished by the successful bidder's installer to the City of Dania by Certificate of Insurance within ten (10) days of notification of award. Such Certificate must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage or cancellation. The City of Dania shall be named as an additional insured under the general liability policy including product liability. The bidder will provide complete copies of any insurance policy for required coverage within seven (7) days of the date of request by the Purchasing Division. In addition, the bidder shall be responsible for any policy deductibles and self-insured retentions. a. General liability insurance, including products, complete operations and blanket contractual liability with bodily injury limits of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. b. Auto liability insurance with limits not less than$500,000.00 per occurrence for bodily injury and property damage for owned, hired and non-owned vehicles. c. Workers' Compensation and Employers' Liability Insurance with a limit of $500,000.00 with not less than$100,000.00 per occurrence. XII. Bonding: 1. Contractor shall provide a performance bond, or letter of credit from contractor's lending institution equal to 150% of the contract price. XIII. Liaison: 1. The Building Official will be the Owner's designated representative. Painting Contractor shall transmit all information pertaining to the job to the liaison and shall not permit unauthorized interference from the residents of the Owner's property or from the painting Contractor's employees. MV. Safety: 1. The Painting Contractor shall be responsible for seeing that employees read and follow all label directions and safety requirements recommended by the manufacturer of all products. 2. Contractor shall take appropriate measures to ensure protection of neighboring and surrounding properties, to include buildings, sidewalks, streets, and vehicles. Contractor shall arrange with the City's Public Works Department for barricades to keep vehicles from parking in front of the work areas on both adjoining streets, to keep pedestrian traffic off of the sidewalks in these same areas, and to direct pedestrian traffic to the opposite side of the roads and not into the vehicular traffic area. Request shall be made 5 business days prior to date of work to be performed. Barricades are to be installed and removed on the same day of work to be performed (Work to include cleaning and painting.) 3. Contractor shall protect all landscaping materials, walks, sidewalks, and other flat work from both cleaning and painting. XV. Time Schedule: 1. Project to be started within 30 days of award of contract. 2. Project to be completed within 30 days of date of commencement of work. 1 XVI. Payment: 1. Payment will be made in full upon completion of work within schedule allotted, with all work being performed in accordance with this specification, and inspected and approved by owner. i XVII. Arbitration: I. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Agreement shall include, by consolidation,joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in j accordance with applicable law in any court having jurisdiction thereof. 2. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 3. The award rendered by the arbitrator or arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. PREPARATION XVIII. Preparation of Surfaces to be Coated: It has been found that 90% of all paint and coatings failures can be directly attributed to improper preparation of the substrate. It is essential that all surface preparation instructions on ail substrates be followed to assure maximum benefit of all coatings applied. Although regular inspections will be conducted, it is the ultimate responsibility of the Painting Contractor to assure that all surfaces to be coated are properly prepared i prior to the application of any coating. i Previously Painted Surfaces: 1. Remove all shutters. Clean and prep as described herein. 2. A solution of commercial mildewcide (chlorine) shall be applied to remove dirt, mildew and all red and green mildew. This solution should be allowed to stay on the surface until all mildew has been killed. A second application will be applied if necessary. The Painting Contractor shall assure that the applicator uses standard safety precautions such as the use of rubber gloves, work goggles and protective clothing. 3. All surfaces shall be pressure cleaned at a maximum 1,500 P.S.I. to remove all existing deteriorating coatings, mildew, staining, dirt and other contaminants. The use of a pressure cleaner with a rotating nozzle is recommended to facilitate the removal of the surface contaminants and to help identify any areas that are not presently deteriorating. Stronger pressure may be used providing care is taken to ensure protection of and prevent destruction of wood materials. All surfaces must be free of dirt, grease, oil, chalk, staining, mildew, etc. All surfaces must be allowed to dry thoroughly before proceeding. If necessary, the cleaning procedures will be repeated. Remaining loose, flaking, or peeling materials may be removed by scraping and/or wire brushing. SEALANTS M. Caulking and Filling: 1. All loose or deteriorating perimeter caulking around exterior doors, windows, soffits, moldings and any expansion joints shall be cleaned out. All joints and connections shall be caulked with an acrylic caulking material. Note: All ivindows shall be re- caulked 360 degrees. All surfaces, including cleaned out cracks, shall be coated with one coat of Acrylic Sealer as per Product Specification Data Sheet. prior to cracks being filled with any patch or caulking material. I Note: Previously repaired cracks which have reopened shall have all existing patching material removed and the crack treated as above. 2. All splits and cracks, less than 1/16" shall be filled with exterior acrylic caulking and l stricken smooth and flush with the surrounding surface. Such areas shall be clean and free from dust and dirt, and spot primed before and after application of caulking with Acrylic Sealer. . 3. All splits, cracks, or other holes or gaps, wider than 1/16", shall be filled with an exterior spackling compound, which will be sanded after drying to be flush with the surrounding surface. Such areas shall be clean and free from dust and dirt, and spot primed before and after application of filler with Acrylic Sealer. 4. All bare wood to receive one coat of Acrylic Sealer. 5. Rust stains shall be thoroughly removed. After wetting the surface with water, apply a solution of 2% oxalic aid or appropriate oxalic acid compound in water. It is important to observe the precautions listed on the container for these compounds for safe handling and storage. Wash with a sponge and scrub brush until stain is removed. Then rinse with clean water. Where rust staining is evident, spot prime areas with one coat of Acrylic Sealer as per Product Specification Data Sheet. Apply two coats if necessary. I COATING SCHEDULE i XX. Exterior Walls, Soffit, Fascia Molding, and Main Entry Roof: 1. Prime: Spot prime any bare surfaces with Acrylic Sealer. 2. Apply one coat of Acrylic Sealer to entire surface per manufacturer's data specifications. 3. Finish: Apply one full coat of Acrylic House Paint to the entire surface as per manufacturer's data specifications. 4. Application may be by brush, roller, or spray. XXI. Previously Painted Metal Eave Drip and A/C Duct: 1. Prime: Spot prime any bare metal with Metal Primer per product specification data sheet. 2. Finish: Apply one full coat of Flat Acrylic Trim Coating as per Product Specification Data Sheet. 3. Color on A/C Duct to match walls. 4. Color on Eave Drip to be trim color. XXII. Windows, Frames, Trim, Sills,Muntins: 1. Remove all deteriorated glazing compounds from windows and door glass panes. 2. Re-point and re-glaze all glass panels where glazing compound is missing or has been removed. 3. Prime with one coat of Acrylic Sealer. 4. Paint with one coat of Acrylic Trim Paint. iXXIII. Main (Front) Entry Door and Sidelight Trim: 1. Prepare as outlined in XVII. 1 " 2. Prime with one coat of Acrylic Sealer, 3. Paint with one coat of Acrylic Trim Paint. XXIV. Shutters: 1. Prime with one coat of Acrylic Sealer. 2. Paint with one coat of Acrylic Trim Paint. XXV. Cleanup: 1. All glass to be scraped and washed to remove all paint and caulking materials. 2. All paint materials and related debris to be removed from landscaping, walks, grass. and surrounding areas. 3. Any grass on landscaping destroyed by Contractor shall be replaced at Contractor's expense. I' 1 Metal Primer ' Product Description: Galvite is a single component acrylic vehicle coating formulated for use on galvanizing in mild industrial and commercial environments. Product Information: • Excellent adhesion to galvanized surfaces. • Functions as a barrier to prevent peeling of paints over galvanized metal • Develops early moisture resistance. • High light reflectance—one coat—finish for multiple substrates. For Use on: Interior and exterior galvanized metal and Galvalume surfaces to be top coated with oil/alkyd ;1 topcoats; Metal deck ceiling paint; Recommended for galvanized metal, Ducts, primed ferrous j metal,joists, conduits and ceilings. Technical Data Color: Off White/Flat Product Type: Solvent Based Enamel Recommended Thickness: Wet mils: 6.0—9.0 Dry mils: 2.0—3.0 Coverage: Approx. sq. ft./gal.: 200-295 Flash Point: 107' F Weight per gallon: 12 lbs. Dry Time: (Temp. & Humidity Dependent) @ 77°F & 50% RH @ 6 mils wet To Touch: 1 hour Tack Free: 2.5 hours To Recoat: 3 hours Reduction Solvent: Yylene, R2K4 Volume Solids: 37 ±2% Weight Solids: 62 ±2% VOC: 4.13 lbs./gal. Pigmented Acrylic Sealer Product Description: ^� Surface conditioner designed to penetrate deeply and rebind chalky residue on weathered surfaces. Pigmented Acrylic Sealer is alkali resistant and makes an excellent foundation for exterior paints. The pigmented formula provides extra hiding power for finish coats. Product Information: • Binds Chalky Surfaces Use on Damp Surfaces • Quick Dry • Water Clean-up • Alkali Resistant For Use on: Designed for use on asbestos shingles, plaster or wood. Recommended for vertical and horizontal surfaces. Technical Data Color: White Product Type: 100% Acrylic i Sheen or Gloss: Flat Percent Solids: Volume - 33.5% Weight - 45.3% Recommended Thickness: 3.5 to 4.5 mils wet 1.2 to 1.5 mils dry Coverage: 450 sq. ft. per gallon @ 1.2 mils dry Weight per gallon: 10.1 lbs. Flash Point: 200'F or over Dry Time: 1 hour @ 75'F.,Tack Free 6 - 8 hrs. @ 750 F., Recoat 7-10 days @ 75°F., Full Cure Reduction Solvent: Clean Water Clean-up Solvent: Warm Soapy Water VOC: 1.041bs./gal. maximum -J1 I FLAT Acrylic House Paint Acrylic Trim Paint Product Description: High quality, high performance low-luster flat Exterior Latex House Paint formulated for exceptional adhesion, flexibility and exterior durability. A generous amount of 100% acrylic resins produces a paint film which is mildew resistant, alkali resistant, extremely flexible and resistant to hydrolysis. Product Information: • Color Fast • High Hiding • Excellent Durability • Excellent Adhesion • Blister, Crack and Peel Resistant • Quick Drying • Resists Mildew For Use on: Flat Acrylic House Paint is for use on exterior walls and trim, including new or previously painted wood, wood shingles, hardboard, concrete, stucco, brick, cement, asbestos shingles, galvanized metal and aluminum or vinyl siding. Because of heat absorption do not use dark colors on vinyl siding. Use for residences, schools, churches, hotels, offices, warehouse building, etc. Technical Data Color: House—Antique White Trim—Medium Grey Product Type: 100% Acrylic Sheen or Gloss: 1 to 5 @ 85 degrees Percent Solids: Volume - 39.6% Recommended Thickness: 3.5 to 4.0 mils wet 1.4 to 1.6 mils dry Coverage: 400 sq. ft. per gallon on smooth non-porous surfaces Flash Point: 200'F or over Weight per gallon: 11.88 lbs. Dry Time: 30 min.,Tack Free 4 hrs., Recoat 7-10 days, Full Cure (all @ 750 F, 50% R.H.) Reduction Solvent: Water �+ Clean-up Solvent: Water VOC: 1.5 lbs./gal. maximum i .:j Women's Club 17 NW 1 st Ave. N 1r8' , 41'0' 1T B' 7-1 210 3058 2550 T 2 SIOEUTES Ta �a.n I 8850 1 1ra 4= I 0088 ra am �. T 2850 w a 8050 3=00t,. 2850 6050 Ira" 21'0• 18'0' r 0' i BID PROPSAL -1 FOR PAINTING OF CITY OF DANIA j WOMENS CLUB BUILDING 17 NW FIRST AVENUE DANIA, FL 33004 f i proposes to clean,prep, patch,seal and paint the one (Company Nanny f story wood-sided building at this address in conformance to the bid specification package which i jis hereby incorporated by reference. I TOTAL PROPOSAL $ Printed name of Company Representative ) Signature of Company Representative Sworn to and subscribed before me this day of 1998, by who is(Personally Known or Showing Identification)and(did/did not)take an oath. Stamp/Seal Notary Public—State of County of ACCEPTANCE BY CITY OF DANIA Acceptance of bid and notice to proceed is hereby authorized this day of 1998. Michael W. Smith, City Manager REFERENCES Contractor to provide a list of minimum of five (5)painting projects in which similar service was provided, i.e.: cleaning, preparation and painting of a wood siding covered structure. Contractor to provide: name of client, address of project, date of service, name and phone number of contact person and scope of work. I - I i I err __ 1 I ' I '' J