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R11-087 ff 1 RESOLUTION NO. Rll-087 2 3 A RESOLUTION OF THE CITY OF BOYNT BEACH, 4' FLORIDA, REJECTING THE SEVEN HIGHEST S AND THE pi LOWEST BID; APPROVING THE AWARD AND XECUTION BY ~ THE INTERIM CITY MANAGER AND CI CLERK OF A iT: CONTRACT TO WHARTON-SMITH, INC., OR BID #059-2821- . I llrrWH, FOR "REGIONAL LIFT ST A TI AT PENCE PARK", ~l 9i IN THE AMOUNT OF $812,000 ITH AN OWNER'S I 1bl CONTINGENCY OF 10% IN THE A UNT OF $81,200 FOR A \ 1~j TOTAL BUDGET APPROPRIA T N OF $893,000; AND J~~ ~~ PROVIDING AN EFFECTIVE DA T . I ! i ~ 1~, \ , 1~1 WHEREAS, on June 23, 2011, R ocurement Services received and opened ten (10) : I II 1~1 bid proposals in response to #059-28 1-11/TWH for "Regional Lift Station at Pence Park"; i \ I 1tl and 1~li I WHEREAS, the City,' staff and the City's Design Professional on this project, the ! I, i! I \ 1p! Wantman Group, reviewe and evaluated the bid proposals; and , ! 2~1 · er an initial administrative evaluation of the ten bids, the Utilities I! , \ 2 ~ I Department has r ommended that the City Commission reject the seven (7) highest bids ; I 211 and , I I. j ~ , . W EREAS, as a result of the bid evaluation-due diligence performed by the n Group, staff is recommending the award of the contract to Wharton-Smith, Inc., of was the most responsive, responsible bidder who met all WHEREAS, the City Commission of the City of Boynton Beach upon I i 2ti recommendation of staff, deems it to be in the best interest of the citizens of the City of . ,I I !I Boynton Beach to award and authorize execution of a contract with Wharton-Smith, Inc., for ;' 2fl I' 3~1 Bid #059-2821-11 ITWH "Regional Lift Station at Pence Park", in the amount of $812,000 II II I Document in Windows Internet Explorer , , II II rl with an owner's contingency of 10% in the amount of $81.200 for a to : i I' ~I appropriation of $893,200. , I , I I! rl NOW, THEREFORE, BE IT RESOLVED BY THE CITY !! THE CITY OF BOYNTON BEACH, FLORIDA, THAT: {l, I! hi Section 1. The foregoing "Whereas" clauses are here y ratified and confirmed as II , II I i! being true and correct and are hereby made a specific part 0 this Resolution upon adoption f! Ii yl hereof. i I ~! I Section 2. ity of Boynton Beach, Florida does 1 i \ I i I ~i hereby award and authorize execution by the terim City Manager and City Clerk of a I i I I I 1b, contract with Wharton-Smith, Inc., for Bid 059-2821-1l/TWH "Regional Lift Station at I I i H Pence Park", in the amount of $812,000 ith an owner's contingency of 10% in the amount 1~, of $81,200 for a total budget approp' ation of $893,200, a copy of which is attached hereto I I 1~! as Exhibit "A". I I , I / i 14: Section 3. This ~solution shall become effective immediately upon passage. ! / / , / , l / / I / I " j /' I / " ,/ ~af I ~~' .. Ii i j I Ii . I I' I i i 1 II J'1 / I: /ll 1\ I i ! Document in Windows Internet Explorer I 1 \ II I, \ i , I I! j ~i PASSED AND ADOPTED this 4th day of October, 2011. I, ~ I ~i I : ~! CITY OF BOYNTON BEACH, FLORID I ' I I ~I I I i I ~! I ~i Mayor - Jose Rodriguez I i V' , I ~ ~ I 1P I 1 P , i i 1t 1 1 I i! 1~i , 151 i - Steven Holzman ! ' , 1431 I 171 1~J , ; 1~1 ATTEST: ! 2bl , , 2. i I 2~1 I Janet M. Prainito, MMC , i 2~i City Clerk I 2.1 ~tj (Corporate Seal) I ,\ / ~ , \ ~ I -/ , / i ~ " / ",' ! I I I , i i i I Document in Windows Internet Explorer ; Rll-OB7 BID TITLE: "REGIONAL LIFT STATION AT PENCE PARK PROJECT" BID NUMBER: 059-2821-111TWH PROJECT NUMBER: SWR1l4 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 corg ration of Florida, hereinafter called the "CITY" or "OWNER" and _Wharton-Smith, In of Sanford, FL ~ a Florida Corporation CX~ Check One a Florida General Partnership L-) a Florida Limited Partnership (_) a Sole Proprietor (~ hereinafter called "CONTRACTOR". WHEREAS, The CITY has heretofore inv' ed bids for a CITY construction project ("Project") identified by the bid title, bid number 6 project number listed above and commonly referred to as: REGIONAL LIFT ST A TI AT PENCE PARK PROJECT WHEREAS, CONTRACTOR III compliance with the bidding requirements announced by the City, submitted a bid on the _23_ day of _June _, 2011_, for the total bid amount of $ _812,000.00 WHEREAS, On the day of , 2011_, the City Commission designated CONTRACTOR as having s mitted the bid that was most advantageous to the CITY and authorized the execution of t . s Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without int ption within 270 calendar days as specified in the Notice to Proceed, subject to CITY appro ed time extensions. , NOW, THtREFORE, in consideration of these premises and the mutual conditions and covenants contain.e'd herein, the parties agree as follows: I , C - I Utilities Department Revised 9-19- I 0 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 services for completion of the Project. 1.1.3. The CONTRACTOR hereby accepts this Contract and agrees necessary labor, tools, equipment, materials and suppli , etc., and to complete the Project by performing all the work as et forth in this Contract and the Contract Documents for the price a amounts set forth in CONTRACTOR'S bid. 1.1.4. CONTRACTOR is an independent contractor that term is set forth in the General Conditions for Constructio GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improve ents described and set forth in the Contract Documents. 2.2. The "Contract Documents" ar the compilation of the following individual documents which are hereby t listed in any order of precedence. 2.2.1. Advertisement for B'Ss 2.2.2. Instructions for Bi aers 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Con Itions for Construction (GC) - all references to "GC" shall be to secti n numbers 2.2.6 Special onditions for City Furnished Materials 2.2.7 Terms nd Conditions for City Furnished Materials 2.2.8 Cons ction Contract 2.2.9 Ce ficate of Insurance 2.2.1 0 P lic Construction Bond 2.2.11 echnical Specifications 2.2.1 Contract Drawings and Plans ~ Addenda 2. ') .14 Written directives or interpretations 2 .15 Manufacturers warranties / C-2 Utilities Department Revised 9-19-] 0 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 0 the materials furnished shall be in strict conformity with the ntract Documents. CONTRACTOR further accepts and consents to the nditions contained in said Contract Documents and expressly agrees to mply with every requirement and stipulation therein contained. 3.1.2.1. Comply with provisions in Special Conditio Conditions for City Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplie and to do all the work above mentioned in a first-class, substantial and orkmanlike manner and in conformity with the detail for said work file in the office of the Project Manager and strictly in accordance wi the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subc tractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or subcont ctor' s supplying of material to CONTRACTOR and shall mainta' records to establish such notice. A copy of said notice shall be provo ed to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and m erials for a period of one (1) year, as set forth in the General Conditions or Construction GC-24, WARRANTY. Warranty period shall commen with date of final acceptance as set forth in the Technical Specifi ations for Construction 01700, EXECUTION REQUIREMENT. 3.1.6. of Section 255.05, Florida Statutes, if 3.1. 7. Pay pro ptly, before final settlement, any and all claims or liens by subcon actors or material suppliers, incurred in and about this work. 3.1.8. Re ve and clean up all rubbish, debris, excess material, temporary str ctures, tools and equipment that may have been used or worked on by t e 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 completed and ready for use, leaving the same in a neat and presen condition. 3.1. 9. Observe and comply with the provisions of the charter, ordina and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontrac in the CONTRACTOR'S bid document. 3.1.11. Perform such other tasks as set forth in the Contract 3.1.12. Provide all required bonds, insurance certifica s and any other required security for performance of the Project withi ten (10) days of the A ward of the Project. 3.2. The CONTRACTOR will be held responsi e for the care, protection and condition of all work until final completion d acceptance thereof, and will be required to make good at CONTRACTO S own cost any damage or injury occurring from any cause resulting from eir acts or omissions, or the acts or omissions of their subcontractors or sup lers. 4. CITY'S OBLIGATIONS 4.1. The CITY shall provide a writte otice to Proceed at the time of the scheduled Pre-Construction Meeting. 4.2. The CITY shall make tim y payments for the work in accordance with the procedures and time frame set forth in the Contract Documents. 4.3. On satisfactory comple on of the Project. the CITY shall provide a written final acceptance and paym t for the entire project. 5. COMMENCEMENT OF 5.1. Prior to comm cement of work, the City and Contractor shall negotiate and agree upon Contra or's per diem direct job site costs and home office overhead costs. The negof ted amounts shall be used for purposes of determining the compensa on to be paid to Contractor for a suspension, field change directive, or any oth instance wherein GC-23, EXTENSION OF TIMEINO DAMAGES FOR LAY does not apply. In order to facilitate an agreement as to amount, Contr ctor agrees to permit the City to audit records which establish Contractor's dire job site costs and home office overhead. T e City and Contractor shall attach an addendum to this Contract which sets tI rth the negotiated amounts. If the parties are unable to reach an agreement for uch costs within 60 days of the City selecting Contractor for the Project. the City I C-4 Utilities Department Revised 9-19-1 0 shall be entitled to discontinue all discussions with Contractor, select another contractor, or cancel the bid entirely. In such an instance, the awarded Cont ctor shall not be entitled to receive any funds from City for costs incurred fr the time of its bid to the time of the City's decision not to utilize Co ractor's services. Contractor shall not be entitled to any damages or compe tion as a result of Bidder's reliance on its award of the bid. 5.2. CONTRACTOR hereby agrees to commence work under this c tract within ten (l0) calendar days of the Commencement Date specified in th itten "Notice to Proceed," and to achieve Substantial Completion without in rruption within 270 calendar days thereafter. 5.3. With respect to this Contract, time is of the ess ceo . In the event the CONTRACTOR shall fail to (1) timely commence t e work following Notice to Proceed or (2)fail in the performance of the wor specified and required to be performed within the time limit set forth in the ntract, after due allowance for any extension or extensions of time made accordance with the Contract Documents, the CONTRACTOR shall be table to the CITY for liquidated damages the amount stipulated in Section b.O hereinbelow for each and every calendar day that the CONTRACTOR hall be in default of achieving of Substantial Completion. 5.4. CONTRACTOR shall notify the Pro' ct Engineer in writing of any change in the names and addresses of each subc tractor proposed for principal parts of work, and any changes in subcontractor from those proposed in CONTRACTOR'S bid proposal, and for such others the Project Engineer may direct, and shall not employ any subcontractor tha CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDA TED DAMAGES 6.1. The CONTRACTOR grees to pay $2.000.00 per day as liquidated damages, for failure to begin wi in ten (10) days of CITY'S issuance of the "Notice to Proceed" or failur to achieve Substantial Completion within 270 calendar days from the Comm cement Date as indicated in the written "Notice to Proceed". The CITY sha have the right to deduct such liquidated damages from any amount due, that may become due the CONTRACTOR, or to collect such liquidated d ages from the CONTRACTOR or his Surety. 6.2. Punch list tems recorded as a result of inspections for Substantial Completion are to be co ected by the CONTRACTOR within thirty (30) calendar days and prior to any equest for Final Inspection, Testing and Acceptance as stated in the Gener 1 Conditions for Construction (GC-50). If the Substantial Completion punc list items have not been corrected by the CONTRACTOR within the thirty (30 calendar day period, at the discretion of the Project Manager, Liquidated D ages may be applied as described in Section 6 above. I C-5 Utilities Department Revised 9-] 9-1 0 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 CIT as more particularly set forth in the Technical Specifications for Construc n, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUC RE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDU S FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless an defend the CITY pursuant to the provisions set forth in General Conditions tI r Construction, GC- 26 - INDEMNITY. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in cu ent funds for the performance of the contract, subject to additions and deduct' ns as provided in the Contract Documents. 9.2. The City reserves the right to negotiate y and all amounts contained in the bidding and contract documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating t Contract, may order extra work or make changes by altering, adding to deducting from the work. At the City's discretion, the City may m e direct purchases of any materials and equipment purchased for, or be incorporated into the Project, as determined by the City. CONTRACTOR HE Y ACKNOWLEDGES THAT HE HAS READ AND UNDER ANDS THE ABOVE PROVISION. INITIALS All such work s 11 be executed under the conditions of the original Contract. Any claim for tension of time caused thereby shall be made in writing at the time such cha ge is ordered. Changes in the work must be processed as set forth III the Ge eral Conditions for Construction GC-46, FIELD CHANGE DIRECTI\T; S/CHANGE ORDERS. No Field Change Directive or Change Order shall be thorized by the Project Manager if the Contractor has added language to the eld Change Directive or Change Order or to any cover letter, e-mail, facsi e, or other written document which accompanies the Field Change Dire ive or Change Order in which the contractor attempts to reserve any future ng or claim arising out of the work which is the subject of the Field Change Di ective 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 Pro Manager, otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRAC OR upon certified statement supported by receipted bills. Such stateme ts shall be submitted for the current contract payment for the month in whic the work was done. No claim for extra work shall be allowed unless sam was ordered, in writing, as aforesaid and the claim presented at the time of th first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is David Brobst .E. Wantman GrOll Inc. 11.2. The Project Engineer shall have general super Ision and direction of the work. The Project Engineer is the agent of the CIT only to the extent provided in the Contract Documents and when in special i tances he has the authority by CITY to act, and in such instances he shall, u n request, show CONTRACTOR such authority in writing. He has authority 0 stop the work whenever such stoppage may be necessary to insure the proper xecution of the Contract. 11.3. As the Project Engineer is, in the rst instance, the interpreter of the conditions of the contract and the judge of it performance, he shall side neither with CITY nor with CONTRACTOR, but all use his authority pursuant to the Contract to enforce its faithful perform ce by both parties. 11.4. In the event of a d' pute, the role of the Project Engineer is to make recommendations to t e Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contracto shall obtain and maintain insurance as set forth in the General Conditions fI Construction GC-27, INSURANCE. 13. 13.1. This C ntract must be construed with all other Contract Documents, a master set of w ch shall be maintained by the City Clerk of the CITY. In the event of a dis te, only the master set of documents, or copies thereof certified by the City C rk, shall be used as evidence. 13.2. jin 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 th times of performance and completion of the work are for the purpose of enabli the CITY to complete the construction of a public improvement in acco ance with a predetermined program, all such time limits are of the essence of e Contract. 15. REMEDY FOR DEL A Y 15.1. In the event of any delay in the project caused by any act r omission of the CITY, its agents or employees, by the act or omission of an other party other than the CONTRACTOR, his agents, employees or subco actors, or delay caused by weather conditions or unavailability of material the sole remedy available to CONTRACTOR shall be by extension of th time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL E CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION TH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMIS ON OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR A NOWLEDGES THIS LIMITATION ON RECOVER Y AND ASSUMES A MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HERE Y ACKNOWLEDGES THAT HE HAS READ AND UNDER ANDS THE ABOVE PROVISION. INITIALS 15.3. of CONTRACTOR to timely process a request for an extension of f e to complete the work shall constitute a waiver by CONTRACT and CONTRACTOR shall be held responsible for completing the work wit III the time allocated by this contract. 15.4. All requ sts for extension of time to complete the work shall be made in accord ce with the General Conditions for Construction GC-23, EXTENSION OFT EINO DAMAGES FOR DELAY. 15.5. F the purpose of this section, the phrase "the CITY, its agents and employees" all 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 C-19, SUSPENSION, in the event of a suspension, CONTRACTOR agrees t t its sole compensation shall be the per diem direct job site overhead as set orth in the Schedule of Bid Items. CONTRACTOR HEREBY ACKNOWLEDGES THAT EHAS READ AND UNDERSTANDS THE ABOVE PROVIS N. INITIALS 17. DISPUTES 17.1. Disputes shall be resolved as set forth in the Ge ral Conditions for Construction GC-18, DISPUTES. 17.2. Upon resolution of a dispute ner, 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 t CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: City Clerk Signed, sealed and witnessed in the presence of: State of Florida County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described he ein or who has produced as identification and w executed the foregoing instrument and has acknowledged before me that they have executed e. My com1n Expires: Notary Public l- e - 10 Utilities Department Revised 9-19-10 PUBLIC CONSTRUCTION BOND BY THIS BOND, We and , a corporation, are bound to City of Boynton Beach, herein called Owner, sum of $ , for payment of which we bind our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated for construction of , the contract being made a part of this bond by reference, at the times a in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as de ed in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or s plies, used directly or indirectly by Principal in the prosecution of the work provided for e contract; and 3. Pays Owner all losses, damages, expe es, costs, and attorney's fees, including appellate proceedings, that Owner sustains bec se of a default by Principal under the contract; and 4. Performs the guarantee of all wor and materials furnished under the contract for the time specified in the contract, then thO bond is void; otherwise it remains in full force. 5. Any changes in or under the ntract documents and compliance or noncompliance with any formalities connected with e contract or the changes do not affect Surety's obligation under this bond. 6. This bond is given to omply with Section 255.05 Florida Statutes, and any action instituted by a claimant und~1 this bond for payment must be in accordance with the notice and time limitation provis~~s in Section 255.05(2), Florida Statutes. DATED ON ;' (Name of Principal) BY: (Name of Surety) PCB - I Revised 10-21-05 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of , (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day 0 , 20_, between said corporation as the CONTRACTOR and t City of Boynton Beach, Florida as the OWNER, for construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named a ve. Title to all work, materials and equipment overed by the attached Final Application for Payment dated , pass s to the Owner at the time of payment free and clear of all liens, and all laborers, materialme d subcontractors have been paid for performing or furnishing the work, labor or materials on said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is iven in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed be day of ,20 - My Commis n expIres: (S J:\L) END OF WARRANTY OF TITLE THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLlCl\rHON FOR PAYMENT Utilities Department Revised] 0-28-03