Res 2019-117 Approval of Change Order #2 for Pool Resurfacing ProjectRESOLUTION 2019-117
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING CHANGE ORDER NO. 2
TO THE CONTRACT WITH FAMILY POOLS, INC. FOR THE POOL
RESURFACING PROJECT TO MODIFY THE SCOPE AND INCREASE THE
COST; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO
TRANSFER A TOTAL $24,000.00 FROM PUBLIC SAFETY AND
SANITATION CAPITAL ACCOUNTS TO THE POOL — CONSTRUCTION
AND MAJOR RENOVATION CAPITAL ACCOUNT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-37 on April 25, 2019, the Village
Council approved a Contract with Family Pools, Inc. for the resurfacing of the pool at the North
Palm Beach Country Club; and
WHEREAS, through the adoption of Resolution No. 2019-53 on June 27, 2019, the Village
Council approved Change Order No. 1 to modify the scope and increase the cost by $32,225.00;
and
WHEREAS, Village Staff is seeking approval of a Change Order No. 2 to the Contract to again
modify the scope to include removable starting block and increase the cost; and
WHEREAS, the Village Council seeks to amend the current capital projects fund budget to
transfer $14,000.00 from the Public Safety Building Capital Account and $10,000.00 from the
Sanitation — Machinery & Equipment Capital Account to the Pool — Construction and Major
Renovation Capital Account to fund the additional cost; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves Change Order No. 2 to the Contract with
Family Pools, Inc., a copy of which is attached hereto and incorporated herein, to modify the
scope of the Contract and increase the cost by $24,000.00, with funds expended from Account
No. K8051-66210 (Pool — Construction and Major Renovation). The Village Council further
authorizes the Mayor to execute the Change Order.
Section 3. In order to fund this expenditure, the Village Council hereby approves a budget
amendment for the transfer of funds as indicated below:
Page 1 of 2
Budget Amendment:
Account
Description
Use
Source
Capital Projects Fund:
K8051 - 66210
Pool — Construction & Major Renovation
$24,000
K5710 - 66200
Public Safety Building
$14,000
K7020 - 66490
Sanitation — Machinery & Equipment
10,000
Total:
$24,000
$24,000
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 6. This Resolution shall be effective retroactive to September 30, 2019.
PASSED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2019.
Seal
(Village ) LIZW 0 (t)�
4YOR
ATTEST:
VILLAGE CLERK
Page 2 of 2
Complete POOL & DECK Remodeling CHANGE ORDER # 2
FAMILY POOLS, INC.
1-866-294-4011
873 SW South Macedo Blvd., Port St. Lucie, FL 34983
Diamond Brite / Pebble / Marquis / Gems / Brick & Tile
Heaters / Spraydeck / Pavers / Pool Equipment
www.familypoolsinc.com Licensed & Insured • State Certified •. Lic. # CPC1456929
DATE: 09/01/2019
PROPOSAL SUBMITTED TO:
Phone 561-348-0697 CHUCK CELL PHONE
Name VILLAGE OF NORTH PALM BEACH
Job Name NORTH PALM BEACH COUNTRY CLUB
Street 501 US HIGHWAY 1
Job Address 951 US 1 NORTH PALM BECF,tip
City/State/Zip NORTH PALM BEACH, FL 33408
Subdivision / Gate Code
(6) QUICKSET DIVING PLATFORM
$19,000.00
(6) ANCHOR INSTALLATION
$5,000.00
We hereb ro ose to furnish labor materials - complete in accordance, with above s ecifications for the sum of:
TIEpNTY FOUR THOUSAND -----------00/1004,000.60
o ars ($ ) with payment to be made as follows:
All material is guaranteed to be as specified. All work to be complete in a workmanlike manner according to standard practices. Although every reasonable effort
is made to repair stress and settlement cracks, etc., no guarantee can be made against their recurrence. Any alteration or deviation from above specifications
involving extra cost,&vkl be executed only upon written orders, and will become an extra charge over and above the estimate. This proposal is subject to
acceptance within UU days and is void therafter at the option of the undersigned. This is a proposal; until s' ed by a member of management or officer
of FamilyPools Inc. and Customer, at which time it becomes an executed contract. it is further u erstood t ere are verbal agreements and all items
discussed are written herein.
g
Authorized Sianatur
ACCEPTANCE OF PROPOSAL
The above prices, specification and conditions are hereby accepted and understood. Family Pools Inc. is authorized to do the work according to terms.
Payment will be made as outlined above. (See terms and conditions on front and back for details.
ACCEPTED: By signing this you agree to terms on back. Signature 00-t4� i - - "I/ —
Date p J V\'�\ Signature
TERMS AND CONDITIONS
1. In the event the pool is located at a home not under construction with a Contractor, all references to the contractor are referring to the homeowner in this contract.
2. Family Pools, Inc. assumes no responsibility for any staining of the marcite/plaster after application if pool is not initially chemically treated by Family Pools, Inc. or whether caused by: pool refill not being filled through carbon
filters (when applicable), poor condition of pool water, improper maintenance (high or low chlorine level, high or low alkalinity level, total calcium hardness, high or low PH level, etc.), abuse, and/or other conditions (calcium deposits,
deterioratoin, erosion, etc.) shall not be covered under the terms of this guarantee. Completion shall be defined as that time when the pool is full of water, the equipment is in operation, andlor the pool is in use. It is understood that
with any cementitious surface such as that of pool finishes it is normal to have some normal fluctuation, waviness and discoloration in the workmanship and materials due to the nature of the plastering application inherent variation
in the raw materials and the effect on the hydration and curing processes. Imperfections are to be considered normal variation and tolerance levels for a free-hand troweled cement product and ARE NOT considered a failure of
finish or poor workmanship. The Contractor's failure to make full payments to Family Pools, Inc. according to the contract and work order shall void any guarantee. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES
WHETHER EXPRESSED OR IMPLIED INCLUDING AN IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.
3. Regarding any contracted work,services, renovation listed herein: Contractor agrees and understands that although every attempt will be made to avoid overspray, spills, untidiness, staining,dyeing, to any property, foliage, or
area it can and may occur during the construction/renovation process and the contractor accepts and assumes all responsibility for any clean up, repair, and/or product removal that may be necessary as a result. Contractor holds
Family Pools, Inc. harmless whereby Family Pools, Inc. assumes no liability whatsoever for said related issue if and when they may arise, and in the event Family Pools, Inc. performs any clean up, repair, and/or product removal
Contractor agrees to pay the fee set at a minimum of $250.00
4. If more than 50 square feet of delaminated pool plaster has to be removed there will be an additional charge. If the pool has a plaster, paint, resin, or other coating that could not be seen or was not disclosed during the initial
estimate, there will be an additional charge for the removal of said materials.
5. The Contractor shall grantFamily Pools, Inc. ample access for all equipment, personnel, subcontracted laborers, technicians and materials to the site, the use of water and/or electrical power and the right to store material and/or
equipment at the Contractor liability during construction. The Contractor assumes all responsibility for clearance of or damage to anything in the area of access, whether on the owner's property or property of others. The Contractor
indemnifies and holds Family Pools, Inc. harmless for damage to patio and/or deck furniture, screens, decorative matter/belongings, landscaping, paving, driveways, sprinklers, trees, shrubs, sewer lines, water lines, or other items
above or below ground in the area of access and/or construction, failure to provde this access constitutes applicable charges and fees to the Contractor at a rate of $125.00 per hour at a minimum of $500.00 each occurence.
6.. When electrical wiring and hook up are made the responsibility of Family Pools, Inc, under this contract any relocation of power lines, conduits, increase and/or modification, in the existing electrical service, unless otherwise
specifically stated, is not covered under the base price of this contract and shall be considered a change order or addition pursuant to the conditions of paragraph above. Each item included under electrical wiring and hook up
shall be clearly stated on the reverse side of this contract.
7. Family Pools, Inc, is not liable for damage to pool and/or spa lights, equipment, main drains, skimmers, or plumbing of any kind whether working or not prior to work commencement. Damages may occur and should be
expected during the construction/renovation project.
8. Any items not specifically stated on reverse side of this Contract which are encountered shall be considered as not included in this contract and shall not be the responsibility of Family Pools, Inc. This refers to but is not limited
to soil conditions or objects above or below the ground, including but not limited to the location of the septic tank, the location of drain field, any and all pipes, or other terms of plumbing or electrical lines, or any other conditions
below the ground of which should be disclosed to Family Pools, Inc.
9. The Contractor indemnifies and hold Family Pools, Inc. harmless for damages to the Owners property/contracted jobsite as a result of encountering any object or condition not specifically detailed or disclosed under line item
per the front side of this contract if hard rock, muck or water are encountered which would delay the job and/or require additional expense the Contractor agrees to pay Family Pools, Inc. upon billing for the additional cost incurred
pursuant to the provisions of paragraph 3 above. Family Pools, Inc. shall not be responsible for seawalls or tie backs whatsoever.
10. Family Pools, Inc. reserves the right at any time to stop work for the following reasons but not limited to only these reasons if the delay is caused by theft of materials, equipment, etc, or damage to work in progress the cus-
tomer agrees to be fully responsile for all costs and repairs/replacement and any delay damages as listed herein, in the event any payment is past due according to the payment schedules of this contract. Family Pools, Inc, also
reserves the right to, at any time, stop work on this particular contract if Contractor is in arrears for any payments due on any other contracts the Contractor has executed with Family Pools, Inc. whether on this job or any other job.
Contractor expressly agrees that Family Pools, Inc. shall retain title and repossess without process of law all equipment, safety equipment, cleaning equipment, etc. until all payments required under this contract have been made
in full. The Contractor expressly agrees that Family Pools, Inc. shall have permission for entry to or on any premises to remove these articles.
11. Any modification, or modification attempts, repairs, etc. made to any work, workmanship, installations, equipment, etc. that was provided by Family Pools, Inc. as per this contract by an outside source other than Family Pools,
Inc. will render any and all warranties null and void. Family Pools, Inc. reserves the right to complete all warranty work solely to the area of issue. Draining of the swimming pool/spa maybe necessary and there is no guarantee
that a patch of any kind, whether it is in plaster, pebble, paint, concrete, decking, paver, etc. will match. A patch is to be considered an acceptable and effective warranty effort and repair and will likely stand out or not match its
surrounding areas. This is not to be considered incorrect or a repair failure. The size of the area to patch as well as the materials used for said purpose is at the discretion of Family Pools, Inc.
12, All materials and methods of construction/renovation/remodeling of decks if contracted by Family Pools, Inc. are in accordance with and/or inspected by the local building department. Family Pools, Inc. does not warranty the
concrete deck area, plaster or tile against cracking due to expansion, contraction or minor settling.
13. This contract is based upon labor, material and subcontractor costs as of the accepted date of this contract effective for a period of thirty days therefrom. In the event Family Pools, Inc. is unable to complete all construction
prior to the expiration of the thirty day period the contract price will be increased for all actual increases in labor, insurance, material, and subcontract costs which Family Pools, Inc. incurs as subsequent to said thirty day period,
plus an additional 35% of such increases which represents Family Pools, Inc. overhead cost and profit on such increases.
14. Family Pools, Inc. neither warrants nor guarantees any start and/or completion dates for the construction/renovation of the swimming pool and/or deck. If the Contractor should terminate, cancel, or delay this contract at any
time subsequent to the entry into said contract, (cancellations must be submitted in writing within 72 hours after signing the contract via registered mail) deposits, and/or any monies rendered on contracts cancelled without proper
written notice as mentioned herein will not be refunded, NO EXCEPTIONS: if for any reason the Contractor delays or refuses to permit Family Pools Inc. to proceed with and complete the work specified herein Family Pools Inc.
damages would be difficult if not impossible to determine, therefore the Contractor agrees to pay to Family Pools Inc. reasonable liquidated damages, and not as a penalty an amount equal to 25% of the contract price plus all
actual calculable damages such as costs and expenses prior to the date of such cancellation by the Contractor. Upon cancellation Family Pools Inc. shall not have any further responsibilities/liabilities under such said contract,
including but not limited to warranties. This is in addition to any further legal right Family Pools Inc. reserves/has. In the event if Family Pools Inc. is made to refer this matter to legal counsel as a result of default, or non-payment
by the owner, Family Pools Inc. shall be entitled to recover any and all legal fees including allomey's fees and cost of suit, in addition to such other amounts as may be allowed by law.
15. Family Pools, Inc, is not responsible for floatation of pool or deck cracking due to external water. Any cracking or delamination of plaster associated with structure deficiency of pool shell is not covered under any warranty
nor is it the responsibility of Family Pools, Inc. Family Pools, Inc. is not responsible for any damages associated, caused by, or due to draining pool, landscaping, washouts, etc. Water tightness of the pool structure in any case
is not the responsibility of Family Pools, Inc. and unless Family Pools, Inc. is installing new plumbing for which the new installation provided by Family Pools, Inc, is what Family Pools, Inc. would be responsible for, Family Pools,
Inc. is not responsible for any leaks that may occur other than at the main drain plug. Any service calls associated with leaks other than at themain drain plug will be the responsibility of the customer and be billed to the customer
at which time will be due upon receipt.
i6. IN THE EVENT THAT ANY WORK PERFORMED BY FAMILY POOLS, INC. IS WHOLLY OR PARTIALLY DESTROYED OR DAMAGED DUE TO FIRE, WATER, VANDALISM, ACTS OF GOD OR ANY OTHER CAUSE
BEYOND THE CONTROL OF FAMILY POOLS, INC. THE LOSS SHALL NOT BE SUFFERED BY FAMILY POOLS, INC. AND THE CONTRACTOR INDEMNIFIES AND HOLDS FAMILY POOLS, INC. HARMLESS FOR SUCH
LOSS.
17. In the event Contractor is in arrears on any payments due to Family Pools, Inc. on any other contracts executed with Family Pools, Inc, whether on this job or any other job, and the work on this contract not commenced,
then Family Pools, Inc, may declare this contract to be null and void and Contractor shall forfeit any and all deposit/draw payments and be responsible to Family Pools, Inc. for all actual expenses incurred by Family Pools, Inc, on
behalf or because of this contract.
18. Contractor is resonsibible for all water costs. Contractor is responsible for supplying the water to fill pool promptly after the plaster or additional charges will be incurred by Contractor. Contractor is responsible for pool
maintenance & chemistry upon completion of contract including whereby Family Pools, Inc. supplies only the initial chemical treatment. Water is to be kept running until pool is full, finish is to be brushed and pool chemistry must
be maintained and kept at normal levels by contractor.
19. Any checks that are cancelled, returned NSF, have a stop payment placed on them, or are non -transferable in any way whatsoever will result in the Contractor having to pay the amount of said check and a fee of $650.00.
Any contractual payments made via credit card will be subject to pay the convenience fee.
20. Any subsurface water encountered must be capable of being handled with a 1 '/2 HP pump and one well point for new pool construction. Subsurface water on renovations, remodels, or any pre-existing swimming pool/spa
projects must be capable of being handled with a 1 % HP pump utilizing the existing underdrain line; in the event the underdrain line for the pool/spa structure is not available or usable, Contractor reserves the right to stop the
project. The Owner will be responsible for all costs associated with dewatering above and beyond the subsurface water capabilities herein for their project.
21. Family Pools Inc. is not responsible for liner wrinkles, floating liners, floor or wall imperfections and/or chemical damage to vinyl liners. The aforementioned complications are not to be considered a failure of product or work-
manship and will not be warrantied.
FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND
Payment, up to a limited amount, may be available from the Florida Homeowner's Construction Recovery Fund if you lose money on a project performed under contract, where the loss results from specified violations of Florida
Law by a licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following number and address:
Construction Industry Licensing Board - 2601 Blairstone Road Tallahassee, FL 32399-1039 or phone 850-487-1395