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R11-039 1 RESOLUTION NO. RII-0.:5q 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 5 CONTRACT WITH INTERCOUNTY ENGINEERING, 6 INC., FOR THE REHABILITATION OF MASTER LIFT 7 STATION #801 (BID NO. 018-2821-111CJD) IN THE 8 AMOUNT OF $199,780.00 PLUS A 10% CONTINGENCY 9 OF $19,978.00 FOR A TOTAL APPROPRIATION OF 10 $219,758.00; AUTHORIZING THE CITY MANAGER TO 11 EXECUTE CONTRACT DOCUMENTS; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on January 19, 2011 six (6) bids for the rehabilitation of Master Lift 15 Station #801. Bid No. 018-2821-11/CJO, were received and opened by Procurement Services, 16 the Utilities Department and Engenuity Group, Inc., the engineer of record for the project; and 17 WHEREAS, staff concurs with Engenuity Group, Inc., and is recommending the 18 award to Intercounty Engineering, Inc., as the lowest, most responsive, responsible bidder who 19 met all specifications and whose bid is in the best interest of the City. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the award of a contract for Bid #018-2821-11/CJO to Intercounty Engineering, Inc., 26 for the rehabilitation of Master Lift Station #801. 27 Section 3. The City Manager is authorized to execute a contract with Intercounty 28 Engineering, Inc., in the amount of $199,780.00 plus a 10% contingency of $19,978.00 for a 29 total appropriation of $219,758.00, a copy of said Contract is attached hereto and made a part I I 1 " \( ';\ ,RI 'iU\;\~reements\Reso - I.IIi 'itatlon #SO I Rehab Ilntercuunt\ Ln~ln"ering) dOl -1 - II I 1 hereof as Exhibit "A". 2 Section 4. That this Resolution shall become effective immediately. 3 PASSED AND ADOPTED this I~day of March, 2011. 4 5 CITY OF BOYNTON BEACH. FLORIDA 6 7 8 9 10 11 12 13 14 15 16 17 18 AITEST: 19 20 21 22 23 24 25 26 I S,l'i\\RISU\Agr<'Cments\Resu -1.111 StatlOll #SOI Rehab (intcrwunty l,nglJl""nn~) doc - 2- II I ~/J--O&l BID TITLE: REHABILITATION OF LIFT STATION NO. 801 BID NUMBER: 018-2821-11/CJD PROJECT NUMBER: SWRl18 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES ~ "i THIS CONTRACT, made and entered into this \~ day of ~AA , 20l.L by and between the CITY OF BOYNTON BEACH, a municipal corporatl n ofF10nda, heremafter called the "CITY" or "OWNER" and Intercounty Ene:ineerine:. Inc. a Florida Corporation lLJ Check One a Florida General Partnership <--J a Florida Limited Partnership <--J a Sole Proprietor <--J 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: REHABILITATION OF LIFT STATION NO. 801 WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 19th day of Januarv. 2011, for the total bid amount of $199.780.00; and, WHEREAS, On the 15th day of March, 2011, the City Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the execution ofthis Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 150 calendar days as specified in the Notice to Proceed, 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 Revised 9-19-10 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 hereby hires the CONTRACTOR to provide construction services for completion ofthe Project. 1.1.3. The CONTRACTOR hereby accepts this Contract and agrees 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 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 which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for 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 Special Conditions tor City Furnished Materials 2.2.7 Terms and Conditions for City Furnished Materials 2.2.8 Construction Contract 2.2.9 Certificate of Insurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications 2.2.12 Contract Drawings and Plans 2.2.13 Addenda 2.2.14 Written directives or interpretations 2.2.15 Manufacturers warranties C - 2 Utilities Department Revised 9-19-10 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 Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract. 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 subcontractor's supplying of material to CONTRACTOR and shall maintain records to establish such 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. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, C - 3 Utilities Department Revised 9-19-10 alleys, parkways and adjacent property 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. Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days 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 CONTRACTOR'S 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. The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-Construction Meeting. 4.2. The CITY shall 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, the CITY shall provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. Prior to commencement of work, the City and Contractor shall negotiate and agree upon Contractor's per diem direct job site costs and home office overhead costs. The negotiated amounts shall be used for purposes of determining the compensation to be paid to Contractor for a suspension, field change directive, or any other instance wherein GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as to amount, Contractor agrees to permit the City to audit records which establish Contractor's direct job site costs and home office overhead. The City and Contractor shall attach an addendum to this Contract which sets forth the negotiated amounts. If the parties are unable to reach an agreement for such costs within 60 days of the City selecting Contractor for the Project, the City C-4 Utilities Department Revised 9-19-10 shall be entitled to discontinue all discussions with Contractor, select another contractor, or cancel the bid entirely. In such an instance, the awarded Contractor shall not be entitled to receive any funds from City for costs incurred from the time of its bid to the time of the City's decision not to utilize Contractor's services. Contractor shall not be entitled to any damages or compensation as a result of Bidder's reliance on its award of the bid. 5.2. CONTRACTOR hereby agrees to commence work under this contract within ten (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. 5.3. With respect to this Contract, time is of the essence. . In the event the CONTRACTOR shall fail to (1) timely commence the work following Notice to Proceed or (2) 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 for 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 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 subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR agrees to pay $ 750.00 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 150 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct such 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 Revised 9-19-10 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 pursuant to the provisions set forth in General Conditions for Construction, GC- 26 - INDEMNITY. 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. 9.2. The City reserves the right to negotiate any and all amounts contained in the bidding and 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. At the City's discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS ~ READ AND UNDERSTANDS THE ABOVE PROVISION. . ~--._- INITIA 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 m 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 C - 6 Utilities Department Revised 9-19-10 Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 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 of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Michael R. Hanseter. P.E.. Ene:enuity Group Inc. 11.2. 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 Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General C - 7 Utilities Department Revised 9-19-10 Conditions for Construction, technical specifications, 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. 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. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS~ READ AND UNDERSTANDS THE ABOVE PROVISION. . INI 15.3. 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. 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 TIMEINO 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. C - 8 Utilities Department Revised 9-19-10 16. SUSPENSION 16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the per diem direct job site overhead as set forth in the Schedule of Bid Items. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HA_ READ AND UNDERSTANDS THE ABOVE PROVISION. ITIA 17. DISPUTES 17.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 17.2. Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c- 9 Utilities Department Revised 9-19-10 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 CITY OF BOYNT . N BEACH, FLORIDA in the presence of: . "'.'~'., ."L,~.: . ,,;:';~,i;!~ '.. CIty Manager ;~~v ~. ~~~~t~~:;: ~~~~~"~:': . Signed, sealed and witnessed INTERCOUNTY ENGINEERING, INC. ~. e esence of: ~; PdS -------- \ <> ~' , ~,~~_Jc~~ C__L State of Florida ) ) ss: County of Palm Beach ) On this ~ 0 day of ("'<l~ .k...., 20~, personally appeared before me, duly authorized to administer oaths, ~\\ c..e. A. ~('\~ known to be the ersons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. ~~~ .. '. ;'0':1,~''. rl'I~:"lc.~~~T~l,f(~~lA~ My CommIssIOn ExpIres. /' ''':;-. V ri S. Roy .; '''''.,. .., f'/-.r.'ni",.ion .,~ \ 'D8.-l{054 _ "'.".'rN.; .. L. J.:Ju - .. :-' .,~' j.- 4~'~fJl},<:3: JAN. 23, 2013 r .. <i.?:: ,.1":.,~' PC BO?'\Lhl'lG CO" IN"C. C - 10 Utilities Department Revised 9-19-10 MEMORANDUM FINANCE DEPARTMENT TO: Janet Prainito DATE: AprilS, 2011 City Clerk FROM: Carol Doppler P SUBJECT: Rehab of Lift Station #801 Purchasing Agen Attached is the executed original Contract with Intercounty Engineering, Inc. I am returning it to the City Clerk's Office for execution on behalf of the City. Please return a copy of the completed Contract to me for our files. Thank you. ~~(l' -- I'~ ~ CITY CLERK'S OFFICE o -- '.: i'GlllE', ~ MEMORANDUM AP~\ CITY MANAGER'S OFFICE ..- - TO: Kurt Bressner City Manager FROM: Janet M. Prainito City Clerk DATE: April 11, 2011 RE: Approval of Agreement by City Commission on March 15. 2011. Attached is the agreement that was approved by the City Commission at their regular meeting held on March 15, 2011. Please review, sign and return to me for further processing. Thank you. ORDINANCE NO. OF DESCRIPTION # DOCUMENTS 11-039 1 Contract for Construction Services for the Rehabilitation of Lift Station No. 801 ~ '17). ~ Attachment s:\CC\WP\AFTER COMMISSION\City Manager Transmittals\2011 \03-15-11 R11-039.doc MEMORANDUM TO: Janet Prainito DATE: February 9,2011 City Clerk FROM: Carol Doppler, CP~? ' SUBJECT: CONTRACT FOR Purchasing Agent LIFT STATION #801 Attached is the original contract for approval at the March 1,2011 Commission meeting. Upon approval please send me the original for Intercounty Engineering, Inc. to execute. Thank you ~I( ~}. /cjd c: File