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R15-106 RESOLUTION NO. R15 -106 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH LAYNE HEAVY CIVIL, INC., FOR THE RAW WATER MAIN — SECTION C PROJECT BID NO. 049 - 2821- 15/KTR IN THE AMOUNT OF $5,621,604.80 PLUS A 10% CONTINGENCY OF $562,160.00 IF 111 NEEDED, FOR STAFF APPROVAL OF CHANGE ORDERS FOR 1 UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE 1 OF $6,183,764.80; AND PROVIDING AN EFFECTIVE DATE. 1 1 1' WHEREAS, the City of Boynton Beach advertised an Invitation to Bid for the 1: Raw Water Main — Section C project, Bid No. 049 - 2821 -15 /KTR, and six (6) bid 1 proposals were received and publicly opened on July 31, 2015; and 18 WHEREAS, the Engineer of Record for the project, Brown and Caldwell 19 conducted reference checks for the three (3) lowest bidders; and 21 WHEREAS, Brown and Caldwell and the City of Boynton Beach Utilities 2 Department recommend awarding the contract to Layne Heavy Civil, Inc., as the lowest, 2. most responsive and responsible bidder. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2: as being true and correct and are hereby made a specific part of this Resolution upon 2 adoption. 2: Section 2. The City Commission of the City of Boynton Beach, Florida, 2 • hereby approves the award of Bid No. 049 - 2821 -15 /KTR in the amount of $5,621,604.80 31 plus a 10% contingency of $562,160.00 if needed for staff approval of change orders for C:\ Users\ prainitoj \AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content. 1E5\ TJSA2KNN \Raw_Water_Main_Section_C_ _Layne_Heavy_Civil_Inc _Reso_ doc ' unforeseen conditions for a total expenditure of $6,183,764.80 and authorizes the City 2 Manager to sign a Contract with Layne Heavy Civil, Inc., a copy of such Contract is 3 attached hereto and made a part hereof. 4 Section 3. That this Resolution shall become effective immediately. 5 PASSED AND ADOPTED this 3 day of September, 2015. 6 CITY OF BOYNTON BEACH, FLORIDA 8 YES NO c 1C Mayor — Jerry Taylor 1' 1 Vice Mayor — Joe Casello ✓ 15 14 Commissioner — David T. Merker ✓ 15 1 E Commissioner — Mack McCray ✓ 11 1E Commissioner — Michael M. Fitzpatrick 1c 2C 2' VOTE 4-o 22 22 ATTEST: 24 2E t ! u•' : ` • 2 J. -t M. Prainito, MMC 2• 'tyClerk GAT 0 2E 31 32 (Corporate Seal) �,- � �� U a O C:\ Users\ prainitojWppData \Local\Microsoft \Windows \Temporary Internet Files \Content.1E5 \TJSA2KNN \Raw_Water_Main_Section_C = _Layne_Heavy_Civil_Inc _Reso_.doc it UN CONSTRUCTION CONTRACT RAW WATER MAIN INTERCONNECT — SECTION `C' THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as CITY ", and Layne Heavy Civil, Inc., a corporation authorized P Y Y p to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR ". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services WHEREAS, at its meeting of September 3, 2015, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No. 049 - 2821 -15 /KTR, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: RAW WATER MAIN INTERCONNECT — SECTION 'C', Invitation to Bid #049 - 2821 -15 /KTR Article 2. CONSULTANT. Brown & Caldwell, Engineer of Record ( "CONSULTANT ") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof Boynton Beach Utilities — RWM Section 'C' C -1 3,3 allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand, Seven Hundred Dollars and 00/100 ($1,700.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Four Hundred, Twenty -five Dollars and 001100 ($425.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Five Million Six Hundred Twenty-One Thousand Six Hundred Four Dollars and 80 cents (Written) $5,621,604.80 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress Boynton Beach Utilities — RWM Section 'C' C -2 5.4 schedule acceptable to the CITY and a Warranty of Title /release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.5 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.6 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.7 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.8 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and /or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and /or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: Boynton Beach Utilities — RWM Section 'C' C -3 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Supplementary Conditions 7.8 Technical Specifications 7.9 Drawings 7.10 Addendum No. 1 thru No. 5, dated between 5/21/15 and 7/23/15 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Attn: Chris Roschek, P.E., Engineering Division Manager Attn: Director of Finance Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Boynton Beach FL 33425 Tel (561) 742 -6413 Tel (561) 742 -6311 Fax (561) 742 -6299 Fax (561) 742 -6316 And if sent to the CONTRACTOR shall be mailed to: Layne Heavy Civil, Inc. 4520 N State Rd 37 Orleans, IN 47452 Attn: Oscar Bello Tel: (812)865 -3232 Cell: (954)650 -0164 Email: Oscar. Bello ©Layne.com Article 9. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Boynton Beach Utilities — RWM Section 'C' C - 4 Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — RWM Section 'C' C -5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this Aj__ day of 0 ( — ' P-V , 20 CITY OF BOYNTON BEACH Layne Heavy Civil, Inc Contractor Les Arch %' !T P •C,ORPO;?, Z gcoip :5 op %;. .,,, D /AN,,, P`,,���. Approved as to Form: ffice of the Boynton Beach Utilities - RWM Sectior 'G' Attest /Authenticated: /Secretary C-6 J -m A'd , Ci anager