The School Board of Broward County, Florida
Created : January 03, 2013 at 11:35 AM
Meeting: Board Meeting :  J. Facilities and Construction Management  
7. J-7. * Termination of Construction Contract and Authorization to Bid Exterior Remediation for Central Park Elementary; Hawkes Bluff Elementary and Quiet Waters Project Nos. 2641-98-05; 3131-98-05 and 3121-98-05 (DEFERRED 7/17/01 AND 8/7/01)
August 14, 2001
Status: 
 
 

Quick Summary / Abstract
Terminate its contract with Therma-Seal Roofs, Inc. for the project titled Correction of Exterior Water Infiltration Sources for Central Park Elementary; Hawkes Bluff Elementary and Quiet Waters Elementary, Project Nos. 2641-98-05; 3131-98-05 and 3121-98-05 and authorize the Facilities and Construction Management Department to re-bid, if necessary.

Therma-Seal Roofs, Inc. is in breach of its contract due to non-performance of various provisions of its contract including, but not limited to the Agreement Articles and the General Conditions as follows:

Agreement
Article 4 _ Time for Contractor_s Performance
Article 6 _ Time and Delays

General Conditions
Article 7 _ Progress
Article 14 _ Cease and Desist Order
Article 15 _ Duties, Obligations and Responsibilities of the Contractor
Article 26 _ Workforce Composition
Article 27 _ Inspection: Rejection of Materials and Workmanship
Article 33 _ Change Orders Article 34 _ Discovering and Correcting Defective or Incomplete Work
Article 35 _ Safety, Protection of Work and Property Surety has been notified of the Contractor_s Non-performance. Upon termination by the Board, Facilities and Construction Management and legal staff will demand completion of the project by the Surety and work with the Surety during their investigation of the Contractor_s performance to expedite the process. In the event that negotiations with the Surety are unsuccessful, and to expedite completion of the project in that case, Facilities and Construction Management also requests authority to re-bid the project.


Requested Action
Terminate its contract with Therma-Seal Roofs, Inc. for the project titled Correction of Exterior Water Infiltration Sources for Central Park Elementary; Hawkes Bluff Elementary and Quiet Waters Elementary, Project Nos. 2641-98-05; 3131-98-05 and 3121-98-05 and authorize the Facilities and Construction Management Department to re-bid, if necessary.


Summary
Therma-Seal Roofs, Inc. is in breach of its contract due to non-performance of various provisions of its contract including, but not limited to the Agreement Articles and the General Conditions as follows:

Agreement
Article 4 _ Time for Contractor_s Performance
Article 6 _ Time and Delays

General Conditions
Article 7 _ Progress
Article 14 _ Cease and Desist Order
Article 15 _ Duties, Obligations and Responsibilities of the Contractor
Article 26 _ Workforce Composition
Article 27 _ Inspection: Rejection of Materials and Workmanship
Article 33 _ Change Orders Article 34 _ Discovering and Correcting Defective or Incomplete Work
Article 35 _ Safety, Protection of Work and Property Surety has been notified of the Contractor_s Non-performance. Upon termination by the Board, Facilities and Construction Management and legal staff will demand completion of the project by the Surety and work with the Surety during their investigation of the Contractor_s performance to expedite the process. In the event that negotiations with the Surety are unsuccessful, and to expedite completion of the project in that case, Facilities and Construction Management also requests authority to re-bid the project.

School Board Goals
Goal 3 - All operations of the school system will demonstrate best practices while supporting student achievement.


Financial Impact
The financial impact, if any, cannot be determined at this time.


Source of Additional Information
E. Denise Cone, Project Manager (954) 712-1910 null



Associated File Attachments
Notice 6/8 (Files)  
Notice 6/8 Certified (Files)  
ExecutedARF (Files)