R19-0401
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RESOLUTION NO. R19- 040
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVE UTILIZING NATIONAL JOINT POWERS ALLIANCE (NJPA)
EZIQC CONTRACT #FL04GC1-051716-SCD WITH SHIFF
CONSTRUCTION & DEVELOPMENT OF FT. LAUDERDALE, FL FOR
REPAIRS TO BOYNTON BEACH'S MUNICIPAL LANDFILL FOR A NOT
TO EXCEED PRICE OF S 71,75237, AND AUTHORIZE THE CITY
MANAGER TO SIGN THE PROPOSAL AND DETAILED SCOPE OF
WORK, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is in the process of submitting final certification documents to
the Florida Department of Environmental Protection (FDEP) and in order to obtain all the
documents required to support the City's request, staff issued a purchase order to Caulfield &
Wheeler, Inc. to perform a topographic survey; and
WHEREAS, the survey showed the landfill had areas of localized subsidence (i.e. the
ground beneath the surface has consolidated) which are minor in nature but must be repaired
prior to submitting the City's final closeout request to the FDEP; and
WHEREAS, National Joint Powers Alliance (NJPA) is a national cooperative
purchasing source solution, the City of Boynton Beach is a member ; and
WHEREAS, the City Commission of the City of Boynton Beach, upon the
recommendation of staff, deems it in the best interest of the citizens and residents of the City
of Boynton Beach to approve utilizing the National Joint Powers Alliance (NJPA) EZIQC Contract
#FL04GC 1 -051716 -SCD with Shiff Construction & Development of Ft. Lauderdale, FL for repairs to
Boynton Beach's Municipal Landfill for a not to exceed price of $ 71,752.37 and to authorize the City
Manager to sign the proposal and detail scope of work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\6807A990-7DDC-4007-9946-0074AC8B960E\Boynton
Beach. 15556A MPA_Contract_With_Shiff_Construction_For_Repairs_To_The_Landfill_ _Reso.Docx
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves
utilizing the National Joint Powers Alliance (NJPA) EZIQC Contract #FL04GC1-051716-SCD with
Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal
Landfill for a not to exceed price of $ 71,752.37 and to authorize the City Manager to sign the proposal
and detail scope of work, a copy of which is attached hereto as Exhibit "A"
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this J&d day of 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant `--
Vice Mayor — Justin Katz %--
Commissioner
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga
VOTE
ATTEST:
�L4a�14
Judo A. Pyle, CM
City Clerk
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Contractor's Price Proposal - Summary
Date: March 06, 2019
Re: IQC Master Contract #: FL04GC1-051716-SCD
Work Order #: 065905.00
Owner PO #:
Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence
Contractor: Shiff Construction & Development, Inc.
Proposal Value: $71,752.37
Section - 01 $28,718.83
Section - 31 $8,015.67
Section - 32
$35,017.87
Proposal Total $71,752.37
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
Contractor's Price Proposal - Summary Page 1 of 1
3/6/2019
Contractor's Price Proposal - Detail
Date: March 06, 2019
Re: IQC Master Contract #:
FL04GC1-051716-SCD
Work Order #:
065905.00
Owner PO #:
Title:
Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence
Contractor:
Shiff Construction & Development, Inc.
Proposal Value:
$71,752.37
Sect Item Mod.
UOM Description
Line Total
Labor Equip. Material (Excludes)
Section - 01
1 01 22 16 00 0002
EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible
$7,993.50
costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate
quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity
of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees,
list each one separately and add a comment in the "note" block to identify the
Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended
warrantee, expedited shipping costs, etc.). A copy of each receipt shall be
submitted with the Price Proposal.
Quantity Unit Price Factor
Total
Installation 7,500.00 x 1.00 x 1.0658 -
7,993.50
Allowance to re -stabilize road if necessary once work completed at road way.
2 01 22 20 00 0015
HR LaborerFor tasks not included in the Construction Task Cataloge and as
$3,349.60
directed by owner only.
Quantity Unit Price Factor
Total
Installation 120.00 x 26.19 x 1.0658 -
3,349.60
Additional labor to place aggregate and sod due to location.
3 01 22 23 00 0392
WK 1 CY, 24" Bucket, 14'-4" Deep, 75 HP, Loader -Backhoe With Full -Time
$5,715.86
Operator
Quantity Unit Price Factor
Total
Installation 2.00 x 2,681.49 x 1.0658 -
5,715.86
Used to transport fill from drop site to depressed areas.
4 01 22 23 00 0392 0074
MOD For Equipment Without Operator, Deduct
-$1,892.25
Quantity Unit Price Factor
Total
Installation 1.00 x -1,775.43 x 1.0658 -
-1,892.25
5 01 22 23 00 0955
WK 6,000 LB Straight Mast, Industrial Warehouse Forklift With Full -Time Operator
$2,509.88
Quantity Unit Price Factor
Total
Installation 100 x 2,354.93 x 1.0658 -
2,509.88
Required to offload and place sod
6 01 22 23 00 1217
WK 18 CY Rear Dump Truck With Full -Time Truck Driver
$11,042.24
Quantity Unit Price Factor
Total
Installation 200 x 5,180.26 x 1.0658 =
11,042.24
City to provide fill, load into Contractor dump truck for delivery to project site.
Subtotal for Section - 01
$28,718.83
Section - 31
7 31 05 16 00 0030
CY Aggregate Placementlncludes Spreading, Grading, Compaction Rolling
$8,015.67
Quantity Unit Price Factor
Total
Installation 395.00 x 19.04 x 1.0658 -
8,015.67
Place 395CY fill provided by City
Subtotal for Section - 31
$8,015.67
Section - 32
Contractor's Price Proposal - Detail
Page 1 of 2
3/6/2019
Contractor's Price Proposal - Detail Continues..
Work Order Number: 065905.00
Work Order Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence
Section - 32
8 32 92 23 00 0050 MSF >8,000 SF, Bahia Argentine Sod, Installed On Level Ground $35,017.87
Quantity Unit Price Factor Total
Installation 56.70 x 579.47 x 1.0658 - 35,017.87
Install 90 pallets sod(40,200) on landfill and replace 16,200 sod at access road once complete
Subtotal for Section - 32 $35,017.87
Proposal Total $71,752.37
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
Contractor's Price Proposal - Detail Pape 2 of 2
3/6/2019
Subcontractor Listing
Date: March 06, 2019
Re: IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Pronosal Value'
FL04GC1-051716-SCD
065905.00
Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence
Shiff Construction & Development, Inc.
$71,752.37
1 ` IQC
THE GORDIAN GROUP
Subcontractor Listing 3/6/2019
Duties
Amount
Name of Contractor
$0.00
o.00
No Subcontractors have been
selected for this Work Order
Subcontractor Listing 3/6/2019
National Joint Powers Alliance°°
INDEFINITE QUANTITY CONSTRUCTION AGREEMENT
IFB NUMBER: FL04GC1-051716-SCD
GEOGRAPHICAREA: Southeast Florida
This Agreement dated 06/06/2016, by and between the National Joint Powers Alliance,
hereinafter referred to as NJPA and Shiff Construction and Development, Inc.
at the following address 1350 NE 561h Street, Suite 100, Fort Lauderdale, FL 33334
hereinafter referred to as the CONTRACTOR.
WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as
follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information,
Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and
Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 -
Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and
performance bonds (if any), material and workmanship bonds (if any); wage rate decisions
and certified payroll records (if any); Notice of Award; all modifications issued thereto,
including Supplemental Work Orders/Change Orders and written interpretations and all
Purchase Orders and accompanying documents (Requests for Proposals, Detailed
Scopes of Work, Work Order Proposals, etc.) issued hereunder.
B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection
with any Work Order, including supplemental technical specifications referenced therein,
shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an
NJPA Member, provide notification to NJPA or their designated representative of each
Purchase Order by forwarding a copy of the Purchase Order via email to POC&-EZIQC.com
or via facsimile to (864) 233-9100.
D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA
Member, provide notification to NJPA or their designated representative of each Invoice
by forwarding a copy of the Invoice via email to Invoice(-EZIQC.com or via facsimile to
(864) 233-9100.
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Work Order in
accordance with the procedures for developing Work Orders set forth in the IQCC
Standard Terms and Conditions and the Contract Documents.
B. Each Work Order developed in accordance with this Agreement will be issued in
connection with a Purchase Order by an individual NJPA Member. The Purchase Order
will reference the Work Order and require the Contractor to perform the Detailed Scope of
Work within the Work Order Completion Time for the Work Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set
forth above. However, the parties may agree that the Contractor can perform Work In a
different Geographic Area at its current Adjustment Factors.
ARTICLE 3. THE AGREEMENT PRICE
A This Agreement is an indefinite -quantity contract for construction work and services. The
Estimated Annual Value of this Agreement is $2.000,QQ4. This is only an estimate and may
increase or decrease at the discretion of NJPA.
B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit
price appearing therein multiplied by the following Adjustment Factors:
C. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit
price appearing therein multiplied by the following Adjustment Factors TO BE ENTERED
BY NJPA �
a. Normal Working Hours: Work performed from 7:00am until 4:00pm Monday to
Friday, except holidays. Contractor shall perform Tasks during Normal Working
Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of:
0.9946
(Specify to four (4) decimal places)
b. Other Than Normal Working Hours: Work performed from 4:00pm to 7:00am
Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall
perform Tasks during Other Than Normal Working Hours for the Unit Price set forth
In the CTC multiplied by the Adjustment Factor of:
1.0595
(Specify to four (4) decimal places)
C. Non Pre -priced Adiustment Factor. To be applied to Work deemed not to be included
in the CTC but within the general scope of the work:
1.1676
(Specify to four (4) decimal places)
ARTICLE 4. TERM OF THE AGREEMENT
A. The base term shall be one year with three one year options. The total term of the Contract
shall not exceed three years (unless extended by NJPA per the Terms of this Contract).
The Contractor may withdraw from the Agreement on each anniversary of the award,
provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA
may, for any reason, terminate this Agreement at any time.
B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect
notwithstanding that the Detailed Scope of Work may be performed, payments may be
made, and the guarantee period may continue, after such term has expired. All terms and
conditions of the Agreement apply to each Purchase Order.
ARTICLE 5. SOFTWARE LICENSING
A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC
System) for their IQCC program. The system includes Gordian's proprietary ezIQC,
eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data
(Construction Task Catalog), which shall be used by the Contractor to prepare and submit
Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA
Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and
Construction Task Catalog and other proprietary materials provided by Gordian for any
purpose other than to execute work under this Contract for NJPA and NJPA Members is
strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby
agrees to abide by the terms of the following IQCC System License:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian
for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a
non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and
related proprietary materials (collectively referred to as "Proprietary Information") to be
used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA
Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that
Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications
and support documentation, Construction Task Catalog, training materials, marketing
materials and any other proprietary materials provided to Contractor by Gordian. In the
event this Contract expires or terminates as provided herein, or the Gordian's contract
with NJPA expires or terminates, this IQCC System License shall terminate and the
Contractor shall return all Proprietary Information in its possession to Gordian.
B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary
rights to the Proprietary Information, including all U.S. and international intellectual
property and other rights such as patents, trademarks, copyrights and trade secrets.
Contractor shall have no right or interest in any portion of the Proprietary Information
except the right to use the Proprietary Information for the Limited Purpose set forth herein.
Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose,
copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access
to, use or sell, directly or indirectly (including in electronic form), any portion of the
Proprietary Information.
NATIONAL JOINT POWERS ALLIANCE®
Book 1 — Project Information, Instructions to Bidders and Execution Documents
C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets,
and other proprietary rights of Gordian in the Proprietary Information during and after the
term of this Agreement, and shall at all times maintain complete confidentiality with regard
to the Proprietary Information provided to Contractor, subject to federal, state and local
laws related to public disclosure. Contractor further acknowledges that a breach of any of
the terms of this Agreement by Contractor will result in irreparable harm to Gordian for
which monetary damages would be an inadequate remedy, and Gordian shall be entitled
to injunctive relief (without the necessity of posting a bond) as well as all other monetary
remedies available at law or in equity. In the event that it becomes necessary for either
party to this IQCC System License to enforce the provisions of this Agreement or to obtain
redress for the breach or violation of any of its provisions, whether by litigation, arbitration
or other proceedings, the prevailing party shall be entitled to recover from the other party
all costs and expenses associated with such proceedings, including reasonable attomey's
fees.
D. In the event of a conflict in terms and conditions between this IQCC System License and
any other terms and conditions of this Contract or any Work Order, Purchase Order or
similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this
IQCC System License shall take precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
By: National Joint Powers Alliance
&-" - a -a
Authorized Signature 61zle,,y Sxtwolh—
Contractor
ua�
Autfforized Slgnat
JUSTEN SHIFF
Print Name
Contract Number: TLo4GC 1-p5 f -7 1 lA-SCJ (assigned by NJPA)
36 Section Three — Bid Forms April 2016
DocuSi n Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92
���� �� NJPA Contract Renewal
Non-Prepriced 1.1676 1.0000 1.1676
Normal Working Hours 0.9946 1.0716 1.0658
Other Than Normal Working Hours 1.0595 1.0716 1.1354
Now therefore:
"Vendor" and "NJPA" hereby desire and agree to extend and renew the above defined contracts and with the above identified
modifications for the period of June 6, 2018 through June 5, 2019.
National Joint
u gne y: Powers Alliance® (NJPA)
�
By:Fj Ayf, , Its: NJPA Director of Cooperative Contracts and Procurement/CPO
Name printed or typed: Jeremy Schwartz
Date:5/11/2018 1 9:08 PM CDT
By:,&Sh'V" SU ff
Name printed or typed: Justen S h i ff
Date: 5/11/2018 1 1:12 PM CDT
, Its: President
----------------------------------------------------------------------------------------------------------------------------------------------------
If you do not want to extend contract, please sign below and return this agreement.
Discontinue: We desire to discontinue the contract.
Signature:
, Date:
hftp://enrcontracts.egordian.com/NJPA?CtrlD=5e11 c2dO-7eb4-45cf-9432-3ee9345ca9d7&bd=04/01 /2016 2/2
DocuSign Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92 NJPA Contract Renewal
ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT
made by and between
Shiff Construction & Development, Inc.
1350 NE 56th St -Ste. 100
Fort Lauderdale, FL 33334
and
National Joint Powers Alliance® (NJPA)
202 12th Street NE
PO Box 219
Staples, MN 56479
Phone: (218) 894-1930 or (888) 894-1930
Whereas: "Vendor" and "NJPA" have entered into 1) an "Acceptance of Bid and IFB FL04GC1-051716-SCD" with an
effective date of June 6, 2016, a maturity date of June 5, 2019, and which are subject to annual renewals at the option of both
parties.
MODIFICATION: SECOND RENEWAL OPTION PERIOD
Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period:
Base Year Oation Year
Base Average
10117.7608
Price Adjustment: Second Year Index Averagg =
Base Year Index Average
# FL04GC1-051716-SCD
Date
Index
1
May 2015
10028.15
2
June 2015
10038.78
3
July 2015
10037.36
4
August 2015
10038.79
5
September 2015
10065.09
6
October 2015
10128.32
7
November 2015
10104.69
8
December 2015
10135.00
9
January 2016
10132.55
10
February 2016
10181.92
11
March 2016
10242.09
12
April 2016
10280.39
Base Average
10117.7608
Price Adjustment: Second Year Index Averagg =
Base Year Index Average
# FL04GC1-051716-SCD
10842.6858
10117.7608
Option Average
10842.6858
1.0716
AWARD MULTIPLIER x PRICE ADJUSTMENT — OPTION
MULTIPLIER
http://enrcontracts.egordian.com/NJPA?CtriD=5e11 c2dO-7cb4-45cf-9432-3ee9345ca9d7&bd=04/0112016 1/2
Date
Index
1
May 2017
10692.17
2
June 2017
10707.81
3
July 2017
10789.26
4
August 2017
10841.56
5
September 2017
10822.82
6
October 2017
10817.11
7
November 2017
10870.06
8
December 2017
10873.56
9
January 2018
10878.01
10
February 2018
10889.17
11
March 2018
10958.79
12
April 2018
10971.91
10842.6858
10117.7608
Option Average
10842.6858
1.0716
AWARD MULTIPLIER x PRICE ADJUSTMENT — OPTION
MULTIPLIER
http://enrcontracts.egordian.com/NJPA?CtriD=5e11 c2dO-7cb4-45cf-9432-3ee9345ca9d7&bd=04/0112016 1/2