2015-20 Public Safety Bunk Room RenovationsRESOLUTION 2015 -20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF
SABATELLO CONSTRUCTION OF FLORIDA, INC. FOR THE RENOVATION
OF THE BUNK ROOM AT THE PUBLIC SAFETY COMPLEX AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT RELATING TO SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Public Works Department solicited three written quotes from licensed
environmental remediation and construction contractors for renovation of the bunk rooms at the
Village Public Safety Complex; and
WHEREAS, Village Administration recommended accepting the proposal submitted by
Sabatello Environmental and Building Performance Services, a division of Sabatello
Construction of Florida, Inc., at a total cost of $23,965.00; and
WHEREAS, the Village Council determines that the acceptance of the proposal of Sabatello
Construction is in the best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Sabatello
Environmental and Building Performance Services, a division of Sabatello Construction of
Florida, Inc. for remediation and construction services for the bunk room at the Public Safety
Complex at a total cost of $23,965.00, with funds expended from Account No. A5510 -34620
(General Services Public Safety Building — R & M Buildings & Grounds). The Village Council
further authorizes the Mayor and Village Clerk to execute a contract relating to such services,
a copy of which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
I
MAYOR
CONTRACT
This Contract is made as of the 11 -1-4 day of 2015, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporate n organized and existing under
the laws of the State of Florida, hereinafter referred to as VILLAGE, and SABATELLO
CONSTRUCTION OF FLORIDA INC., a Florida corporation authorized to do business in the
State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 59-
1741513.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the CONTRACTOR shall provide to the VILLAGE all goods and services within the Scope of
Work pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF THE CONTRACTOR.
A. CONTRACTOR shall provide all goods and services as stated in the Proposal dated
January 15, 2015 attached hereto as Exhibit "A" to that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession practicing in the
same or similar locality at the time the Work is provided.
B. The Work provided by CONTRACTOR shall be commenced subsequent to the execution
and approval of this Contract and upon written notice from the VILLAGE to proceed.
ARTICLE 2. PERIOD OF SERVICE.
A. This Contract and the provision of all Work hereunder shall be completed by
CONTRACTOR within eighteen (18) working days of the VILLAGE's issuance of a notice to
proceed.
B. CONTRACTOR shall not be considered in default by reason of any failure in
performance of the Work if such failure arises out of causes reasonably beyond the control of the
CONTRACTOR or its subcontractors and without their fault or negligence. Such causes
include, but are not limited to: acts of God; natural or public health emergencies; labor disputes;
freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and
abnormally severe and unusual weather conditions.
C. Upon CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any
failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its
subcontractor's fault or negligence, the Contract schedule and /or any other affected provision of
this Contract shall be revised accordingly, subject to the VILLAGE's rights to change, terminate,
or stop any or all of the work at any time.
D. Notwithstanding the foregoing, CONTRACTOR shall not be entitled to an increase in the
agreed to compensation in this Contract or payment or compensation of any kind from the
VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever. Provided, however, that this
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provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or
delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its
agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the schedule in this
Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the
extent specifically provided above.
ARTICLE 3. VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village
Public Works Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in accordance with
CONTRACTOR's Proposal. The total and cumulative amount of this Contract shall not exceed
Twenty -Three Thousand Nine Hundred and Sixty -Five Dollars and No Cents ($23,965.00).
B. Invoices received from CONTRACTOR pursuant to this Contract will be reviewed and
approved by the VILLAGE's representative, indicating that the Work has been provided and
rendered in conformity with the Contract and then will be sent to the Finance Department for
payment. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval.
C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the liability of CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or
other matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state "final invoice" on CONTRACTOR's final /last billing to the VILLAGE. This
certifies that all Work has been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will
not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the
provision of the Work.
F. If the VILLAGE fails to make any payment due CONTRACTOR for the Work under this
Contract within forty -five (45) days after the CONTRACTOR's transmittal of its invoice to the
VILLAGE, the CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work
under this Contract until it has been paid in full all amounts due.
G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
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ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and /or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and /or its subcontractors, agents, servants or
employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions
of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in §
768.28, Florida Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR's personnel (and all sub - contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ten (10) days prior written notice to
the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon five (5) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for Work rendered to the VILLAGE's satisfaction through the
date of termination. After receipt of a Termination Notice and except as otherwise directed by
the VILLAGE, CONTRACTOR shall:
Stop work on the date and to the extent specified.
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2. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
3. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE.
4. Continue and complete all parts of the work that have not been terminated.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE's Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
A. Prior to commencing any Work, CONTRACTOR shall provide to the VILLAGE
certificates evidencing insurance coverage in the minimum amounts as required hereunder. All
insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida. The certificates shall clearly indicate that CONTRACTOR has obtained
insurance of the type, amount, and classification as required for strict compliance with this
Section and that no material change or cancellation of the insurance shall be effective without
thirty (3 0) days' prior written notice to the VILLAGE.
B. CONTRACTOR shall maintain, during the life of the Contract, commercial general
liability, including contractual liability insurance, in the amount of $1,000,000 per occurrence or
$2,000,000 in aggregate to protect CONTRACTOR from claims for damages for bodily and
personal injury, including wrongful death, as well as from claims of property damages which
may arise from any operations under a resulting contract, whether such operations be performed
by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR.
C. CONTRACTOR shall maintain, during the life of the Contract, comprehensive
automobile liability insurance in the minimum amount of $500,000 combined single limit for
bodily injury and property damages liability to protect the selected bidder from claims for
damages for bodily and personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use, or maintenance of owned and non -owned
automobiles, including rented automobiles whether such operations be by CONTRACTOR or by
anyone directly or indirectly employed by CONTRACTOR.
D. CONTRACTOR shall carry Workers' Compensation Insurance and Employer's Liability
Insurance for all employees as required by Florida Statutes. In the event that CONTRACTOR
does not carry Workers' Compensation Insurance and chooses not to obtain same, then
CONTRACTOR shall in accordance with Section 440.05, Florida Statutes, apply for and obtain
an exemption authorized by the Department of Insurance and shall provide a copy of such
exemption to the VILLAGE.
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(E) All insurance, other than Worker's Compensation, to be maintained by CONTRACTOR
shall specifically include the Village as an Additional Insured.
ARTICLE 10. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons
engaged in any of the Work performed pursuant to this Contract shall at all times, and in all
places, be subject to CONTRACTOR's sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its employees
perform the Work,
ARTICLE 13. ACCESS AND AUDITS.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the Work for at least three (3) years after completion of
this Contract. The VILLAGE shall have access to such books, records, and documents as
required in this ARTICLE for the purpose of inspection or audit during normal business hours, at
the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required
to disclose any confidential or proprietary information regarding its products and service costs.
ARTICLE 14. NONDISCRIMINATION.
CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
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r
marital status, or sexual orientation.
ARTICLE 15. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such panty
or parties may be entitled.
ARTICLE 16. AUTHORITY TO PRACTICE.
CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the Work under this
Contract, and that it will at all times conduct its business and provide the Work under this
Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the
VILLAGE's representative upon request,
ARTICLE 17. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 18. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE's
notification of a contemplated change, CONTRACTOR shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the
contemplated change shall affect CONTRACTOR's ability to meet the completion dates or
schedules of this Contract.
B. If the VILLAGE so instructs in writing, CONTRACTOR shall suspend work on that
portion of the work affected by the contemplated change, pending the VILLAGE's decision to
proceed with the change.
C. If the VILLAGE elects to make the change, CONTRACTOR shall not commence work
on any such change until CONTRACTOR receives written authorization from the VILLAGE.
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ARTICLE 19. PROTECTION OF WORD AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from
damage, and shall protect the VILLAGE's property and adjacent private and public property
from injury or loss arising in connection with the Contract. Except for any such damage, injury,
or loss, except that which may be directly due to errors caused by the VILLAGE or employees of
the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such
protection.
B. Until acceptance of the Work by the VILLAGE, the VILLAGE's property shall be under
the charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any other
cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional
Work occasioned by any of the above causes before its completion and acceptance.
C. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
D. CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former
condition any and all portions of existing utilities, structures, equipment, appurtenances or
facilities, except as otherwise set forth in the Scope of Work, which may be disturbed or
damaged due to his construction operations.
ARTICLE 20. EXISTING UTILITIES AND STRUCTURES.
It shall be the responsibility of CONTRACTOR to determine the exact location of underground
utilities and facilities. CONTRACTOR shall locate all water services in the field prior to
construction. The VILLAGE assumes no liability for damages sustained or costs incurred
because of CONTRACTOR's operation in the vicinity of existing utilities or structures. The
CONTRACTOR shall notify the respective utility companies when their existing utilities conflict
with the new construction and shall coordinate his construction work with the relocation work of
the utility companies, if applicable.
ARTICLE 22. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: James P. Kelly, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
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and if sent to the CONTRACTOR shall be mailed to:
Sabatello Environmental and Building Performance Services
Attn: Paul T. Sabatello
9002 Burma Road, Suite 100
Palm Beach Gardens, FL 33403
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 23. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terns and conditions contained in this Contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 24. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term "Contract" as used herein, as well as the terms "herein ", "hereof',
"hereunder ", "hereinafter" and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 25. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 26. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
ARTICLE 27. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and
addenda attached hereto, said failure shall be deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
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ARTICLE 28. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and other contract documents referred to in this Contract forms an essential part of
this Contract, The exhibits and other contract documents, if not physically attached, should be
treated as part of this Contract and are incorporated herein by reference.
ARTICLE 29. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of
the Village of North Palm Beach.
ARTICLE 30. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 31. DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that
the occurrence of any of the following shall be deemed a material event of default and shall be
grounds for termination:
1. The filing of a lien by any sub - contractor or third tier sub - contractor including,
but not limited to materialmen, suppliers, or laborers, upon any property, right of
way, easement or other interest in land or right to use within the territorial
boundaries of the VILLAGE which lien is not satisfied, discharged or contested in
a court of law within thirty (30) days from the date of notice to CONTRACTOR;
2. The filing of any judgment lien against the assets of CONTRACTOR related to
the performance of this Contract which is not satisfied, discharged or contested in
a court of law within thirty (30) days from the date of notice to the
CONTRACTOR; or
3. The filing of a petition by or against CONTRACTOR for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or
trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by
CONTRACTOR for the benefit of creditors; or the taking possession of the
property of CONTRACTOR by any governmental officer or agency pursuant to
statutory authority for the dissolution or liquidation of CONTRACTOR; or if a
temporary or permanent receiver or trustee shall be appointed for
CONTRACTOR or for CONTRACTOR's property and such temporary or
permanent receiver or Trustee shall not be discharged within thirty (30) days from
the date of appointment.
4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR
fails to provide the Work under this Contract on schedule as agreed to by
CONTRACTOR in this Contract.
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B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any
event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any
such default.
ARTICLE 32. WARRANTY.
CONTRACTOR warrants that all Work, including goods and services, provided under this
Contract-will be free of defects in material and workmanship for a period of one (1) year
following completion of the Work and successful final inspection, subject to the conditions set
forth in the Specifications. Should any Work fail to comply with this warranty during the
warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR
shall immediately repair or replace said defective materials and /or workmanship at
CONTRACTOR's sole expense. The CONTRACTOR shall provide the VILLAGE with copies
of all manufacturer warranties and certify that the Work complies with the conditions set forth in
such warranties, if any.
ARTICLE 33. TIME IS OF THE ESSENCE.
Time is of the essence in all respects under this Contract.
ARTICLE 34. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
ARTICLE 35. REPRESENTATIONSMINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
ARTICLE 36. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written,
CONTRACT
BY:
Print Name: I " &I, -r. S 4-m--t;5 LL 0
Title: V
VILL E OF NORTH PALM BEACH
BY:
DARRYL C. UBREY, MAYOR
ATTEST:
BY: a zm� 2
MELISSA TEAL, VIL GE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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Fx 14I317" �
sabatello
ENVIRONMENTAL and BUILDING PERFORMANCE SERVICES
division of sabatello construction of florida, inc.
January 15, 2015
Village of North Palm Beach Fire Department
560 US Highway 1
North Palm Beach, FL 33408
Attn: Captain Lezza
Re: Limited Intrusive Investigation and Microbial Remediation at the business located at
560 US Highway 1, North Palm Beach, FL 33408
Dear Captain Lezza:
In response to and in accordance with your request for services, Sabatello Construction of Florida, Inc.
( "Contractor ") is pleased to submit the following Revised Proposal to perform Limited Intrusive
Investigation and Microbial Remediation ( "Work ") at the Village of North Palm Beach Fire Department
( "Owner ") located at 560 US Highway 1, North Palm Beach, FL 33408 ( "Property "). This Revised
Proposal is based on the visual findings that were observed while asked to review existing conditions.
Background:
It was reported that Bunk Rooms #134 — 137 have previous experiences of water intrusion. Exterior
grading and water proofing was performed approximately 2 months ago by a contractor previously hired by
the Village. Sabatello has been requested to review the effects of water intrusion in the following areas:
1. Bunk Rooms #134, 135, 136 & 137
Objective and Scope of Work:
The objective of the "Work" will be to provide information needed to assess the current conditions at the
"Property" and to make any recommendations relative to the correction of the issues that were observed
during the investigation.
The following Three (3) tasks outline the "Work" and the "Scope of Work" to be performed:
Task 1 — Containment
Task 2 — Limited Intrusive Investigation and Microbial Remediation
Task 3 — Water Test with Thermal Imaging
Task 4 — Build -back and Restoration after Remediation is completed
9002 Burma Road • Suite 100 • Palm Beach Gardens, Florida 33403
Telephone (561) 626 -7600 • Facsimile (561) 775 -9117
www.sabatellocompanies.com
www.sabatelloenvironmental.com
CGCO12501 MRSA41 MRS6
"SCOPE OF WORK"
Task 1 — Containment:
Floor Protection:
Village of NPB Fire Dept. Proposal
January 15, 2015
Page 2 of 4
All floors within the work area, and leading to the work area, will be protected to prevent any damage to
the finished floors from work activities.
Containment:
A critical barrier consisting of 6 -mm plastic sheeting will be constructed to isolate the following areas from
the balance of the home:
• 2' -4" of the Hallway connecting Bunk Rooms #134 — 137
• Bunk Rooms #134— 137
A decontamination (decon) chamber is constructed at the entrance /exit of the containment area. One
negative air machine with a HEPA filter is placed within each containment structure to filter and collect
airborne particles.
The negative air machines are exhausted via a 6 -mm. plastic tube to the outside through the door into
truck bay, then out through the fixed glass window panel over the pedestrian door to the exterior of the
building. The glass panel is to be removed by Public Works. This process creates a negative pressure
barrier inside the contained area. A negative pressure monitor is used to establish and monitor the
maintenance of a negative pressure barrier of no less than negative 0.02 inches of water with respect to
outside the containment. An evaluation of the containment structure for its effectiveness, including
attainment of a negative pressure barrier, is conducted prior to the commencement of remediation
activities.
Task 2 — Limited Intrusive Investigation and Microbial Remediation:
After containment is established, and negative pressure is verified and monitored, then the visual mold
affected and water damaged materials within the containment areas will be removed, placed in 6 mil
Visqueen disposal bags, sealed and properly disposed. This process will continue until all of the mold
and water damaged materials are removed from the affected areas within the containment area. All
remediation technicians are required to wear personal protective equipment (PPE) to include Tyvek
overall suits, hoods, goggles, gloves, Tyvek boots and respirators.
During the Containment and Remediation Protocol, One (1) large containment will be constructed, and
One (1) negative air machine and Three (3) Dehumidifiers will be deployed for a total of Five (5) days.
9002 Burma Road • Suite 100 • Palm Beach Gardens, Florida 33403
Telephone (561) 626 -7600 • Facsimile (561) 775 -9117
www.sabatellocompanies.com
www.sabatelloenvironmental.com
CGCO12501 MRSA41 MRS6
Village of NPB Fire Dept. Proposal
January 15, 2015
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The four Bunk Rooms will be remediated as follows:
Water damaged and mold affected drywall and insulation will be removed from the interior
surfaces of the East facing exterior walls in Bunk Rooms 134, 135 and 136, and from the interior
surfaces of the East and North facing exterior walls in Bunk Room 137, from floor level to within
3" of the bottom of the drop ceiling, and disposed in accordance with Remediation Protocols. The
acoustical drop ceiling will not be disturbed as part of this Scope of Work.
Water damaged and mold affected vinyl baseboard molding will be removed and disposed in
accordance with Remediation Protocols
Water damaged and mold affected building materials will be removed from 2" below the bottom of
the drop acoustical ceiling to floor on the exterior walls of the four bunk rooms.
After remediation is complete, the wall cavities will be inspected for microbial growth, and possible
sources of water intrusion.
Air Sampling:
The Bioaerosol spore trap samples will be collected prior to Intrusive Investigation. Bioaerosol samples
are collected to measure the concentration of mold spores in the air. Spore Trap samples are non - viable
samples collected using a Zefron air pump calibrated to a flow rate of 15 liters per minute. Samples are
submitted to EMSL Analytical Laboratories, located in Orlando and Miami, Florida, for analysis via
laboratory method A -001 (Fungal spore count and identification, pollen and mycelial fragment count).
Total of Twenty -Six (26) Bioaerosol samples will be taken with verification from the laboratory. (13 pre -
remediation and 13 post remediation, total of 26)
Sample Locations: 2 pre - remediation and 2 post - remediation, in each of the 4 Bunk Rooms
2 pre - remediation and 2 post - remediation, indoor, outside of containment
3 pre - remediation and 3 post - remediation, outdoor as reference
Task 3 — Water Test with Thermal Imaging:
After Remediation is completed, Contractor will perform the following water test, American Architectural
Manufacturers Association, (AAMA), Standard 501.2 -09; (AAMA Standard 501.2 -09), "Quality Assurance
and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, and Sloped Glazing
Systems." to evaluate for the source of moisture intrusion.
The following areas will be subjected to the AAMA 501.2 -09 water test:
The exterior surfaces of the exterior walls and windows of Bunk Rooms #134, 135, 136 & 137
A garden hose using water from the Owner's water supply will be used with a Monarch Spray rig to spray
water at 15 PSI, at a distance of 12 ", in 3' x 5' sections on the areas to be tested for a period of 5 minutes
per section.
During the Water Test visual observation will take place to determine the area of the water intrusion. We
will also deploy the use of a FUR Systems ThermaCAMTm T440BX Infrared (IR) Imaging camera and a
GE Protimeter moisture meter will assist Contractor in determining any possible source of water
intrusion.
9002 Burma Road • Suite 100 • Palm Beach Gardens, Florida 33403
Telephone (561) 626 -7600 • Facsimile (561) 775 -9117
www.sabatellocompanies.com
www.sabatelloenvironmental.com
CGCO12501 MRSA41 MRS6
Village of NPB Fire Dept. Proposal
January 15, 2015
Page 4 of 4
Contractor is not responsible for the effects of moisture intrusion, if any, during, after, and any time
subsequent to the water testing.
Task 4 — Build -back and Restoration after Remediation is completed:
Note: Build -back and Restoration cannot take place until the cause or causes of water intrusion has
been identified, repaired, and verified that the water intrusion had been repaired. Corrective actions
required to repair the cause of water intrusion are not included in this Scope of Work.
1. Replace insulation removed during Remediation
2. Replace drywall removed by Remediation
3. Replace vinyl base removed by Remediation
4. Paint replaced drywall, corner to corner floor to 2" below bottom of drop acoustical ceiling to
match the existing interior finish.
Not included in This Scope of Work:
1. Corrective actions required to repair the cause of water intrusion. Since part of this Scope of
Work is to determine the cause of Water Intrusion, the cost of the repair cannot be established
until the physical cause or causes of Water Intrusion are determined.
2. Refurbishment or build -back of the remediated and damaged areas other than as listed above.
3. Carpet replacement.
Project Schedule:
It is anticipated that the above outlined Scope of Work will take eighteen (18) working days to complete.
Work hours included in this proposal are 8:00 am to 4:00 pm, Monday through Friday.
Fee:
The fee for the "Work" and the "Scope of Work" to be performed will be Twenty -Three Thousand, Nine
Hundred Sixty -Five Dollars and 00 /100 ($23,965).
We appreciate the opportunity to perform these services and look forward to working with you on this
project. If you should have any questions in regard to this Proposal, please feel free to contact me
directly at (561) 626 -7600 x 103.
Sincerely,
Sabatello Construction of Florida, Inc.
Paul T. Sabatello, CIEC, CMRS, FSRT
Council Certified Indoor Environmental Consultant
Vice President
9002 Burma Road • Suite 100 • Palm Beach Gardens, Florida 33403
Telephone (561) 626 -7600 • Facsimile (561) 775 -9117
www.sabatellocompanies.com
www.sabatelloenvironmental.com
CGCO12501 MRSA41 MRS6