R11-053
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1 RESOLUTION NO. Rll-063
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 FORCE MAIN REPLACEMENT FOR
7 LIFT STATION #102 (BID NO. 038-2821-11/CJD) IN THE
8 AMOUNT OF $224,289.05 PLUS A 10% CONTINGENCY
9 OF $22,428.90 FOR A TOTAL APPROPRIATION OF
10 $246,717.95.00; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE CONTRACT DOCUMENTS; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on March 30, 2011 one (1) bid for the Force Main Replacement for Lift
15 Station #102, Bid No. 038-2821-11/CJD, was received and opened by Procurement Services,
16 the Utilities Department and Brown and Caldwell, the engineer of record for the project; and
17 WHEREAS, staff concurs with Brown and Caldwell and is recommending the award
18 to Intercounty Engineering, Inc., as the lowest, most responsive, responsible bidder who met
19 all specifications and whose bid is in the best interest of the City; and
20 WHEREAS, the ten percent (10%) contingency, if needed, is for staff approval of
21 change orders for unforeseen conditions without further approval by the City Commission
22 provided total contract plus contingency is not exceeded.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
28 approves the award of a contract for Bid #038-2821-11lCJD to Intercounty Engineering, Inc.,
29 for the Force Main Replacement for Lift Station # 102.
S:\CA \RESOlAgreements\Reso - Lift Station # 102 Force Main (Intercounty Engineering).doc
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1 Section 3. The City Manager is authorized to execute a contract with Intercounty
2 Engineering, Inc., in the amount of $224,289.05 plus a 10% contingency of $22,428.90 (the
3 contingency, if needed, is for staff approval of change orders for unforeseen conditions without
4 further approval by the City Commission provided total contract plus contingency is not
5 I exceeded) for a total appropriation of $246,717.95, a copy of said Contract is attached hereto
6 and made a part hereof as Exhibit "A".
7 Section 4. That this Resolution shall become effective immediately.
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8 PASSED AND ADOPTED this e day of May, 2011.
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10 ~ BOYNTON BEACH, FLORIDA
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26 ATTEST:
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ts\Reso - Lift Station # 102 Force Main (Intercounty Engineering).doc
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BID TITLE: FORCE MAIN REPLACEMENT FOR LIFT STATION 102
BID NUMBER: 038-2821-11/CJD
PROJECT NUMBER: SWR064
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this day of ,20_,by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and Intercounty Ene:ineerine:. Inc.
a Florida Corporation ~ 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:
REHABILITATION OF LIFT STATION NO. 102
WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by
the City, submitted a bid on the 30th day of March. 2011, for the total bid amount of $224.289.05;
and,
WHEREAS, On the 3rd day of May, 2011, 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 without interruption within 45 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:
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BID TITLE: FORCE MAIN REPLACEMENT FOR LIFT STATION 102
BID NUMBER: 038-2821-11/CJD
PROJECT NUMBER: SWR064
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this ;) (; qay of .~ , 20LL, by
and between the CITY OF BOYNTON BEACH, a municipal corporation 0 lorida, hereinafter
called the "CITY" or "OWNER" and Intercounty Emdneerin2:. Inc.
a Florida Corporation lLJ 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:
REHABILITATION OF LIFT STATION NO. 102
WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by
the City, submitted a bid on the 30th day of March. 2011, for the total bid amount of $224.289.05;
and,
WHEREAS, On the 3rd day of Mav. 2011, 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 without interruption within 45 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:
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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 of the 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 for 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
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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,
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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
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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 ofthe Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 45
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 45 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.
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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.
INITIALS
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
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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 Phillip R. Dover. P.E..BCEE of Brown
and Caldwell.
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.
l1A. 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
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Conditions for Construction, technical specifications, and finally by the balance
of the Contract Document.
14. TIME OF ESSENCE
14.l. 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 proj ect 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.
INITIALS
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 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.
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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 HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
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.
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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 BOYN ON BEACH, FLORIDA
in the presence of:
Attest:
Signed, sealed and witnessed INTERCOUNTY ENGINEERING, INC.
in the presence of:
W~l~.~
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State of Florida )
) ss:
County of Palm Beach )
On this \ b day of ~'C;\. ':)
authorized to administer oaths,
known to be the persons
Y"""\ \ ~ as identification and who executed
instrument and has acknowledged before me that they have executed same.
Notary Public .
M C .. E . NOTliRY PUnLIC.STA't~ mi' MR ~
Y ommlSSlOn xplres: i"~""~~-,. Lori S, Kay.
~ ~I f t:rmmissiorrf. ))D~,HOS'l
~ "I,:~':~,..." hApn es: ~l./~Jr ?'~J .~o i J
E(j~iDl~~; '(Jil.:U /i.':'~~''J'\T(C BOIIDl~l.' ('J., ~:'\ir..:,
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The CUlJ al BolJntan Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: May 4, 2011
SUBJECT: R11-0S3 Agreement with Intercounty Engineering, Inc. for
Construction Services for Force Main Replacement for Lift Station
102
Attached for your handling is the original of the agreement mentioned above and a
copy of the Resolution. Once the document has been executed, please return the
original to the City Clerk's Office for further processing.
Please contact me if there are any questions. Thank you.
~'nl.P~
Attachments (2)
(1 Agreement & Resolution)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011\Tim Howard RII-053 Lift Station I02.doc
America's Gateway to the Gulfstream
K//-oS.3
MEMORANDUM
TO: Janet Prainito DATE: April 28, 2011
City Clerk
FROM: Tim Howard ~ SUBJECT: CONTRACT FOR
Deputy Director of Finance LIFT STATION #102
Attached is the original contract for approval at the May 3, 2011 Commission meeting. Upon
approval please send me the original for Intercounty Engineering, Inc. to execute.
Thank you
Icjd
c: File