R08-057
II ,
1 RESOLUTION NO. R08- OS 7
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING A CONTRACT FOR BID #039-2821-
6 08/CJD TO EXPERTECH NETWORK
7 INSTALLATION, INC., FOR PHASE lA AND PHASE
8 IB, RECLAIMED WATER SYSTEM, CONTRACT 2
9 IN THE AMOUNT OF $2,672,557.28 PLUS A 10%
10 OWNER'S CONTINGENCY OF $267,255.72 FOR A
11 TOTAL APPROPRIATION OF $2,939,813.00;
12 AUTHORIZING THE CITY MANAGER TO
13 EXECUTE CONTRACT DOCUMENTS; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, Contract 2 is the second phase of construction to furnish and install
17 approximately 18,000 linear feet of 24-inch, 12-inch, 8-inch and 6-inch reclaimed water
18 am pIpe;
19 WHEREAS, fourteen (14) bids were received and opened by Procurement
20 ervices on April 10, 2008, which were reviewed and evaluated by the Utilities
21 epartment and Mathews Consulting, Inc.,
22 WHEREAS, staff concurs with Mathews Consulting, Inc., and is recommending
23 he award to Expertech Network Installation, Inc., as the lowest, most responsive,
24 esponsible bidder who met all specifications and whose bid is in the best interest of the
25 ity.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 s being true and correct and are hereby made a specific part of this Resolution upon
30 doption.
:\CA \RESO\Agreements\Bid A wards\A ward of Bid - Reclaimed Water Phase I A 1 B(Expertech).doc
- 1 -
11 I
1 Section 2. The City Commission of the City of Boynton Beach, Florida,
2 hereby approves the award of Bid #039-2821-08/CJD to Expertech Network Installation,
3 Inc., for Phase lA and Phase IB, Reclaimed Water System, Contract 2.
4 Section 3. The City Manager is authorized to execute a contract in an amount
5 not to exceed $2,672,557.28 plus a 10% contingency of $267,255.72 for a total
6 appropriation of $2,939,813.00, a copy of said Contract is attached hereto and made a part
7 hereof as Exhibit "A".
8 Section 4. That this Resolution shall become effective immediately.
9 PASSED AND ADOPTED this b day of May, 2008.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 " ~
26 Commissioner - Marlene Ross
27
28
29
30
31
32
33
34
35
36
.\Bid Awards\Award of Bid - Reclaimed Water Phase IA IB(Expertech).doc
- 2 -
ROS-057
BID TITLE: PHASE 1A and PHASE 1B, RECLAIMED WATER
SYSTEM, CONTRACT 2
BID NUMBER: 039-2821-08/CJD
PROJECT NUMBER: RED 001
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 6th day of May, 2008, by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "CITY" or "OWNER" and EXPERTECH NETWORK
INSTALLATION . INC.
a Florida Corporation (X-) Check One
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project
("Project") identified by the bid title, bid number and project number listed above and
commonly referred to as:
PHASE lA and PHASE IB, RECLAIMED WATER SYSTEM, CONTRACT 2
WHEREAS, Contractor, in compliance with the bidding requirements announced
by the City, submitted a bid on the 10th day of April , 2008, for the total bid amount of
$2,672,557.28: and,
WHEREAS, On the 6th day of May, 2008, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and
authorized the execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion on Phase lA without interruption within 150 calendar days as specified in the
Notice to Proceed, and 200 calendar days for Phase IB as specified in second Notice to
Proceed issued subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual
conditions and covenants contained herein, the parties agree as follows:
C -1
Utilities Department Rev. 01/24/06
1. AGREEMENT
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.
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 and the Contract Documents
for the price and amounts set forth in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in
the General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all
Contract Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the
Contract Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions to Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC"
shall be to section numbers
2.2.6. Supplemental Conditions for Construction (SCC) - all referenced to
"SCC" shall be to section numbers
2.2.7. Special Conditions for City-Furnished Materials
2.2.8. Terms and Conditions for City-Furnished Materials, Attachment B
2.2.9. Construction Contract
2.2.10. Certificate oflnsurance
2.2.11. Public Construction Bond
2.2.12. Technical Specifications
2.2.13. Contract Drawings and Plans
C -2
Utilities Department Rev. 01/24/06
2.2.14. Addenda
2.2.15. Written directives or interpretations
2.2.16. Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, Insurance, and other accessones and
services necessary to complete said project in accordance with the
conditions and prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of
the materials furnished shall be in strict conformity with the
Contract Documents. CONTRACTOR further accepts and
consents to the conditions contained in said Contract Documents
and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.2.1 Comply with provisions in Special Conditions and Terms
and Conditions for City-Furnished Materials.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all
the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said
work on file in the office of the Project Manager and strictly in
accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material
supplier with a copy of his Public Construction Bond within five
(5) days of subcontractors' work or material supplying and shall
maintain records to establish that notice. A copy of said notice
shall be provided to the City's Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as
set forth in the General Conditions for Construction GC-24,
WARRANTY. Warranty period shall commence with date of final
acceptance as set forth in the Technical Specifications for
Construction 01700, EXECUTION REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens
by subcontractors or material suppliers, incurred in and about this
work.
C -3
Utilities Department Rev. 01124/06
3.1.8. Remove and clean up all rubbish, debris, excess material,
temporary structures, 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 proj ect
promptly as such section or portion is completed and ready for use,
leaving the same in a neat and presentable condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances,
codes and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not
disclosed in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any
other required security for performance of the Project within ten
(10) of the Award of the Project.
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 subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled
Pre-Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and
time frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final
acceptance and payment for the entire project.
5. COMMENCEMENT OF WORK (SUPPLEMENTAL CONDITION SCC-l)
5.1. Phase lA, Notice to Proceed No.1: CONTRACTOR hereby agrees to
commence work under this contract within (10) calendar days of the
Commencement Date specified in the written "Notice to Proceed," and to
achieve Substantial Completion without interruption within 150 calendar
days thereafter.
C -4
Utilities Department Rev. 01/24/06
5.2. Phase 1B, Notice to Proceed No.2: CONTRACTOR hereby agrees to
commence work under this contract when Substantial Completion of
Phase 1A is achieved. A second Notice to Proceed will be issued by the
City for Phase 1B; and, the CONTRACTOR shall achieve Substantial
Completion without interruption within 200 calendar days thereafter.
5.3. Time is the essence of the contract. In the event the CONTRACTOR shall
fail to timely commence the work 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 made in accordance with the Contract
Documents, the CONTRACTOR shall be liable to the CITY, as liquidated
damages, the amount stipulated in Section 6.0 hereinbelow for each and
every calendar day that the CONTRACTOR shall be in default of
achieving certification of Substantial Completion.
5.4. CONTRACTOR shall notify the Project Engineer in writing of any change
in the names and addresses of each subcontractor proposed for principal
parts of work, and any changes in subcontractors from those proposed in
CONTRACTOR's bid proposal, and for such others as the Project
Engineer may direct, and shall not employ any that CITY may, within a
reasonable time, object to as incompetent or as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $1.000.00 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 achieve Substantial Completion
within the number of calendar days for Phase 1A and Phase 1B 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.
6.2. Punch list items recorded as a result of inspections for Substantial
Completion are to be corrected by the CONTRACTOR within thirty (30)
calendar days and prior to any request for Final Inspection, Testing and
Acceptance as stated in the General Conditions for Construction (GC-50).
If the Substantial Completion punch list items have not been corrected by
the CONTRACTOR within the thirty (30) calendar day period, at the
discretion of the Project Manager, Liquidated Damages may be applied as
described in Section 6 above.
C -5
Utilities Department Rev. 01/24/06
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection
and continuous use of all existing work in process, property or operations
of the CITY as more particularly set forth in the Technical Specifications
for Construction, 01540, SECURITY AND SAFETY PROCEDURES
FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND
SAFETY PROCEDURES FOR WATER TREATMENT PLANT
PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend 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 and save harmless and defend CITY, its
agents, servants and employees from 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 ansmg from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and
covenant that the CONTRACTOR has incorporated in this original bid,
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 the General
Conditions for Construction. However, the indemnification provision, and
the msurance prOVISIOn contained m the General Conditions for
Construction are not interdependent of each other, but rather each one is
separate and distinct from the other.
C -6
Utilities Department Rev. 01/24/06
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 additions and deductions as
provided in the Contract Documents.
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 writing at the time such change is
ordered. Changes in the work must be processed as set forth in the
General Conditions for Construction GC-46, FIELD CHANGE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or
Change Order shall be authorized by the Project Manager if the
Contractor has added language to the Field Change Directive or
Change order or to any cover letter, e-mail, facsimile, or other written
document which accompanies the Field Change Directive or Change
Order in which the Contractor attempts to reserve any future right or
claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the
Project Manager shall secure specific written authorization from the
City Manager's office before executing the Field Change Directive or
Change Order.
10.2. All change orders and adjustments shall be in writing and approved by the
Project Manager, otherwise, no claim for extras will be allowed.
10.3. 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 ofthe first estimate after the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David Mathews, P.E., Mathews
Consulting, Inc., 1475 Centrepark Boulevard, suite 250, West Palm
Beach, FL 33401.
C -7
Utilities Department Rev. 01/24/06
11.2. The Project Engineer shall have general supervision and direction of the
work. The Project Engineer is the agent of the CITY only to the extent
provided in the Contract Documents and when in special instances he has
the authority by CITY to act, and in such instances he shall, upon request,
show CONTRACTOR such authority in writing. He has authority to stop
the work whenever such stoppage may be necessary to insure the proper
execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the
conditions of the contract and the judge of its performance, he shall side
neither with CITY nor with CONTRACTOR, but shall use his authority
pursuant to the Contract to enforce its faithful performance by both
parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final
decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the
General Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a
master set of which shall be maintained by the City Clerk of the CITY. In
the event of a dispute, only the master set of documents, or copies thereof
certified by the City Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set
forth in the Contract Documents, the conflict shall be resolved by written
interpretation by the CITY, or its representatives as set forth in the
General Conditions for Construction (GC-17), CONTRACT
INTERPRETATION. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the
General Conditions for Construction and finally by the balance of the
Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the
times of performance and completion of the work 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.
C -8
Utilities Department Rev. 01/24/06
15. REMEDY FOR DELAY
15.1. 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.
15.2. 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.
15.3. Failure 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.
CONTRACTOR he y a nowledges that he has read and understands the
above provision.
INITIA
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23,
EXTENSION OF TIME/NO DAMAGES FOR DELAY.
15.5. 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.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for
Construction GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C -9
Utilities Department
Rev. 01/24/06
I~ 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:
"
Signed, sealed and witnessed
In t e presence of:
State of Florida
County of Palm Beach
On this 'S+h day of
authorized to administer
known to be the
rY\ Q~
oaths,
persons
)
) ss:
)
, 20 ocl personally appeared before me, duly
described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
1~~.~
Notary Public
"'-"' ,u.,.... ......................................
FERNANDA DUARTE ANJOS :
_." Comm# 000646299 ~
( . . Expne 310iJ2011 ~
I'btda NaBy MIn., Inc :
...... ........ ...... ........ .... ........ ....1
My Commission Expires: ~\4\ ~\ \.
Utilities Department
C -10
Rev.OI/24/06
.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: May 8, 2008
SUBJECT: R08-57 Phase lA and Phase 18, Reclaimed Water system,
Contract 2
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File.
Thank you.
~Yh. ~
Attachments (2)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSION\Departmental Transmiltals\200B\Carol Doppler ROB-57.doc
America's Gateway to the Gulfstream