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R04-001 RESOLUTION NO. R- 04 -OO I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF BROWARD COUNTY, FLORIDA BID #PY02275B1, WITH W. JACKSON AND SONS CONSTRUCTION COMPANY, FOR THE EMERGENCY INSTALLATION/REPAIR SERVICES FOR WATER AND SEWER SYSTEMS IN THE AMOUNT OF $36,548.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the City's desire to enter into an agreement with W. Jackson ~nd Sons Construction Company for the installation of two (2) 110 hp pumps at Master Lift Station 356, utilizing Broward County Bid #PY02275B 1; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggyback" of Broward County, Florida to W. Jackson & Sons Construction Company, for the installation of two (2) 110 hp pumps at Master Lift Station 356. Section 2. The City Manager is hereby authorized and directed to execute said Agreement between the City of Boynton Beach and W. Jackson & Sons Construction Company, said Agreement being attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. S:\CA\RESOVkgreements\Bid Awards\Piggy-Back Broward County - W.Jackson Construction.doc PASSED AND ADOPTED this ~ day of January, 2004. ATTEST: (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA ~:\CA\RESOV~.greements\Bid Awards\Piggy-Back Broward County - W.dackson Construction.doc CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES BID TITLE: BID NUMBER: EMERGENCY INSTALLATION AND REPAIR SERVICE FOR WATER AND SEWER SYSTEMS PY02275B1 THIS CONTRACT, made and entered into this 6th day ofJanuar~, 2004~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and W. JACKSON & SONS CONSTRUCTION COMPANY a Florida Corporation ~ a Florida General Partnership ( ) a Florida Limited Partnership (__) a Sole Proprietor (__) Check One hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the CITY desires to enter into this Agreement with CONTRACTOR in order to provide for the installation of two (2) 110 hp pumps at Master Lift Station 356 (the "Project"); and WHEREAS, the CITY and CONTRACTOR hereby acknowledge that CONTRACTOR shall perform the services required pursuant to this Agreement in accordance with the cost proposal attached hereto as Exhibit "A". WHEREA/S, the CONTRACTOR previously submitted a bid to Broward County, Florida for the provision of Emergency Installation and Repair Service for Water and Sewer Systems, a copy of such bid is attached hereto as Exhibit "B", and is incorporated herein by reference, and the CITY desires to "piggy-back" this Agreement on the Broward County bid, in order to provide for the performance of the Project. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. SCOPE OF SERVICES 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct, and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project as described herein. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract for the price and amounts set forth in CONTRACTOR's cost proposal of $36,548.00, which is attached hereto as Exhibit "A", and incorporated herein by reference, and in conformance with the bid submitted to the Broward County Purchasing Department on or about February 18, 2003, which is attached hereto as Exhibit "B", and incorporated herein by reference. 1.1.4. Unless otherwise provided, all time frames referenced shall be calendar days. 2. DESCRIPTION OF PROJECT 2.1 The Project consists of the installation of two (2) 110 hp pumps at Master Lift Station #356 at a cost of $36,548.00. Installation will include the demolition and removal of the existing pumps and pump bases, and the CONTRACTOR will form and pour new pump bases and install the new pump systems. 3. OBLIGATIONS OF CONTRACTOR 3.1. CONTRACTOR shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the CONTRACTOR's cost proposal provided to the CITY, which is attached hereto as Exhibit "A". 3.1.2. Perform all the work and labor pursuant to this contract. All materials furnished by CONTRACTOR shall also be in strict conformity with the provisions of the Broward County bid, which is attached hereto as Exhibit "B". 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work associated with the Project in a first-class, substantial and workmanlike manner. 3.1.4. Guarantee all work and materials for a period of one (1) year from the date of final acceptance by the CITY. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 3.1.5. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or 2 material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the Project. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors. 3.1.9. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of this Project. 3.1.10. For purposes of this Contract, CONTRACTOR is an independent contractor. 3.2 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. CITY shall provide CONTRACTOR a written "Notice to Proceed" not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work completed and approved by the CITY. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" provided to CONTRACTOR by CITY, and to fully complete the project within t_bO calendar days following the commencement date as specified in the "Notice to Proceed". 5.2. Time is of the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work associated with the Project following "Notice to Proceed" or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time. The CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3 CONTRACTOR shall notify the CITY in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work associated with the Project. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $-,200,00- per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within- {~O- calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that prices contained in both the cost proposal and the bid submitted to Broward County include the protection and continuous use of all existing work in process, property or operations of the CITY. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify, defend, and save harmless the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2, CONTRACTOR shall indemnify, defend, and save harmless CITY, its agents, servants and employees from and against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in the original cost proposal, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8,3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Section 12 of this Contract. However, the 4 indemnification provision, and the insurance provision are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to any additions and deductions required to complete the Project. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in v~xiting at the time such change is ordered. 10.2 All change orders and adjustments shall be in writing and approved by the CITY, otherwise, no claim for extras will be allowed. 10.2 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. INSUI~NCE 11.1 The CONTRACTOR shall obtain and maintain insurance as set forth in Exhibit "C", naming the City of Boynton Beach as an additional insured. A certificate of insurance evidencing such coverage shall be provided to the CITY prior to commencement of any work associated with the Project. 12. CONTRACT CONTROLS 12.1 In the event of a conflict between the requirements or specifications set forth in this Contract and the performance of CONTRACTOR's obligations pursuant to this Contract, the conflict shall be resolved by written interpretation by the CITY. 13. TIME OF ESSENCE 13.1 Inasmuch as the provisions of this Contract relating to the times of performance and completion of the Project are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. 14. REMEDY FOR DELAY 14.1 In the event of any delay in the Project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 14.2 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 14.3 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 14.4 All requests for extension of time to complete the work shall be made in writing to the CITY. 14.5 For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. DISPUTES 15.1 Disputes shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY, or its representatives. At all times, CONTRACTOR shall carry on the work and maintain his progress schedule in accordance with the requirements of the Contract and the determination of the CITY, or its representatives, pending resolution of any dispute. The CITY, or its representatives, who shall reduce such decision to writing shall decide any dispute that is not disposed of by mutual agreement. The decision of the CITY, or its representatives shall be final and conclusive. 6 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager '~k ~ Approved as to Form: ~. City Attorney "'~i~&.6'~aled and witnessed W. Jackson & Sons Construction Company in.f: President or ~j~e President ~/// fi/ Att e st as~ff~)NTP,_,d.C TIDR State of Florida~ff ) ) SSi County of On this~/' day of fT~O6..t4~ , 200~4;, personally appeared before me, duly authorized to administer oaths, ,~P~t.h'~ ~i' ~,~J x~, ..i~.,.7~5~.~ known to be the persons described h'ere~n ~' Wh~ has 'Produced 2~x o,od[~. ~,,./,d as identification and who executed the foregoing instrume~tand has acld~wledged before me that they have executed same. Not~'y P(:~olic Angem E Hem My Commission Expires: \\3GCDE_FSXLIBR.~RYX1990\900182.BBka, GMT~Contract for Pump Installation 1.doc 7 The Ci of Beach Procurement Services 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6320 FAX: ~5~;I) 742-6,?06 NOTICE TO PROCEED TO: W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21sT STREET POMPANO BEACH, FL 33069 DATE: FEB. 12, 2004 PROJECT: INSTALLATION OF (2) 110 HP PUMPS AT MASTER LIFT STATION 11356 Contractor shall commence WORK within ten (10) calendar days of the Commencement Date specified below in accordance with the Agreement dated: January 6~ 2004. Contractor shall achieve Substantial Completion without interruption no later than 60 calendar days thereafter. Commencement Date: Substantial Completion Date: Final Acceptance Date: FEBRUARY 13, 2004 MARCH 13, 2004 APRIL 12, 2004 Fhe Owner's designated representative for all activities relating to this project will be: Contact Person: Toni Lombardi Department: Utilities Title: Utilities Telephone: (561) 742-6421 Bill Atkins, Deputy Director of Financial Services ACCE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: ~---' ~'/~ c/~ J' 7-- Date: Print Name Signature Title: PTANCE OF NOTICE Utilities Department - Tony Lombardi Finance City Clerk File Rev. 12/30/03 Dec '06 03 O1:24p TRIO DEVELOPMEMT W JACKSON SONS 954 971 0030 COUNTY PURCHA,~ING DIVISION '1"15 S, AllOrews Avehue. ECOm 212 · ~rt tauderOale. FIO~i0a 3550'1 . 954-557-6D65 . FAX 954-357-85~ May 13, 2003 W. Jackson & Sons Construction Company 1888 NW21 Street Pomparm Beach, FL 33069 Attention: Thomas A. Jackson, Sec. I Treasurer Reference: Bid # P Y 02 27'5 81 for Emergency Ir.stall:/Repair Services Water/Sewer Systems Dear Mr. Jackson: This is to com3rm that Board of County Commissioners at its meeting held on Apdl 29, 2001 under Agenda Item No. 15 accepted your Bid on the above-referenced solicitation. A Bid tabulation of all Bids received is enclosed, with items(s) awarded to your tim1 as noted. The Contract is in effect for the period beginning May 9, 2003 and ending May 8, 2004. Purchase Order(s) will be placed as and when required. A copy of this Notice, with a copy of your Bid, including all terms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward County. Sincerely, GLENN R. CUMMINGS, CPPO, Director of Purchasing Pure, basing Division Ann Potter, CPPB, Purchasing Agent II Constnx=tlon Specialist cc: Off'~e_of Environmeqf~[r ~ervices,, Arffho.ny LiVen= Using Agency GRC:spg TOTRL P. 01 Dec 06 03 01:24p TRIO DEVELOPMEMT 954 971 0030 p.1 LETTER OF TRANSMITTAL DEVELOPMENT CORPORA TION ICTTY OF BOYNTON BEACH 124 East WoolbrJght Road Boynton Beach, FL 33425 WE ARE SENDING YOU THE FOLLOWING ITEMS: 1701 N.W, 22nd Court Pompano Beach, Florida 33069 Phone (954) 971-2288 Fax (954) 971-0030 :)ATE: December 6, 200;3 RE: Broward County Contract Change Order Plans Shop Drawings _. Copy of Letter Prints ',Sketches Estimates Samples Specifications Other , , Submittals COPTES DATE NO. i DESC~PT[ON ! !121081°3 i C°ntract Award Letter THESE ARE TRANSMITTED as checked below: For approval { Approved as submitted For your use As requested For review and comment FOR BTDS DUE: Approved as noted Returned for con~oc~on$ Other: Submit __ copies for distdbuUon,. ~Retum_ corrected prints I Return _ sets for Production Prints returned after loan to us REMARKS: COPY TO: Hark Law/City of Boynton Beach I ! StoNED: Lawrence R. Shortz Of BOYNTON BEACH', FLORIDA "' ' ' -' PROCUREMENT sERVICES 100 EAST BOYNTON BEACH BOULEVARD P.O. BoXC310 ' BOYNTON BEACH, FLORIDA 33425-0310 IORDERING DEPARTMENT BID NO. EQUISITION NO. Z ad G ':3 ~ ~TE WANTED U 'F [ ';.. r T ~ A D H -:[ N' CO~T Fl! 3E DEPA"TMENT { X ')'/.-~f~/ PURCHASING DEPARTMENT IMPORTANT INSTRUCTIONS 'LOI ~, STATE SALES TAX EXEMPTION Ct-M [IFICATE NO. 60-04-116451-54C FHE CITY OF BOYNTON BEACH IS EXEMPT FROM :EDERAL EXCISE TAXES: WHERE TAX APPLIES NVOICE MUST SHOW GROSS PRICE, AMOUNT OF File TAX. NET PRICE. EXEMPTION CERTIFICATE NILL BE FURNISHED UPON REQUEST. OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES, TICKETS, INVOICES, STATEMENTS, AND CORRESPONDENCE. MAIL INVOICES TO: FINANCE DEPARTMENT 100 F- BOYNTON BEACH BLVD. P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 1. RENDER SEPARATE INVOICE FOR THIS' ORDER OR FOR EACH SHIPMENT THEREON IMMEDIATELY FOLLOWING SHIPMENT. 2. PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. 3. INVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. DEPARTMENT · - LETTER OF TRANSMITTAL ~EVELOPMENT CORPORA TION CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33425 17,01 N.w. 22nd Court Pompano Beach, Florida 33069 Phone (954) 971-2288 Fax (954) 971-0030 Date: OCTOBER 15, 2003 Attn: MR. TONY LOMBARDI Re: PuMP STATION# 356 WE ARE SENDING YOU THE FOLLOWING ITEMS: !Change Order Plans Shop Drawings Contract Prints Sketches Estimates Samples' Specifications iOther Photographs X Via: FAX (561)~742-6298 COPIES i DATE NO. { DESCRIPTION ! coPY OF BROWARD COUNTY BID/CONTRACT # P-Y-02-275-BI I SCOPE OF WORK, PUMP STATION # 356 1 [ I COST ESTIMATE, PUMP ST~A~TION # 356, 2 PAGES THESE ARE TRANSMITTED as checked below: For Approval t. ApProVed As Submitted I ' Resubmit~ Copies For ApprOVal X For Your Use Approved As Noted Submit __' Copies For Distribution As Requested Returned For CorrectiOns . Return __ Corrected Prints . For Review And Comment Other: Return Tw° ·Sets FOr ProdUction FOR BIDs DUE: Prints Returned Atter Loan To Us VMARKS: i COPY TO: File BOYNTON BEACH LIFT STATION # 356 SCOPE OF WORK 1. Install two (2) 110HP Flygt Pumps 2. Connect to existing suction and discharge valves, fabricate fitting(s) as required. 3. Remove and reconstruct, as required, concrete pump bases. Furnished by City: 1. Pumps and stands. '2. Electrical hook-ups. Furnished by contractor: 1. Fabricated Fittings. 2. Concrete and concrete pumper. 3. Imbedded items. 4. Flanged reducers and isolation couplings. W. JACKSON & SONS CONSTRUCTION CO: 1888 N.W. 21 st S~treet~ Pompano Beach, Florida 33069- Broward (954) 973-3060/24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679 BOYNTON BEACH LIFT STATION tt 356 Welding Fabrications Concrete Pumper Total Subcontract Subcontract Items $ 3,3oO.oo 300.00 $ 3,600.00 Materials Flanged reducers and isolation couplings Flanges, steel Pipe end bends Embedded items Miscellaneous and paint Total Materials $ 5;008.00 1,500.00 820.00 2,420.00 $ 9,748.00 W. JACKSON a SONS cONSTRuCTION CO. 1888 N.W. 21st Street, Pompano Beach, Florida 33069 · BroWard (954) 973-3060 / 24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679