R16-155 1 RESOLUTION NO. R16-155
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN AWARD AND AUTHORIZING
5 THE CITY MANAGER TO SIGN A CONTRACT WITH
6 JOHNSON-DAVIS, INC., IN RESPONSE TO BID NO. 035-
7 2821-16/TP FOR THE NORTH AND SOUTH ROADS
8 STORMWATER AND WATER MAIN IMPROVEMENTS
9 PROJECT IN THE AMOUNT OF $1,843,016 PLUS A 10%
10 CONTINGENCY OF $184,301.60 FOR A TOTAL
11 EXPENDITURE OF $2,027,317.60; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on August 30, 2016, Procurement received and opened five (5) bids
15 in response to Invitation to Bid #035-2821-16/TP "North and South Roads Stormwater
16 and Water Main Improvements"; and
17 WHEREAS, staff reviewed the bid proposals and it was determined that Johnson-
18 Davis, Inc., was the lowest, most responsive, responsible bidder; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon
20 recommendation of staff, deems it to be in the best interest of the citizens of the City of
21 Boynton Beach to award and authorize the City Manager to sign a contract with Johnson-
22 Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and Water Main
23 Improvements" project in the amount of$1,843,016 plus a 10% contingency of$184,301.60
24 for a total expenditure of$2,027,317.60.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
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30 Section 2. The City Commission of the City of Boynton Beach, Florida,
31 hereby approves the award and authorizes the City Manager to sign a Contract with
32 Johnson-Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and
33 Water Main Improvements" project in the amount of$1,843,016 plus a 10% contingency
34 of $184,301.60 for a total expenditure of $2,027,317.60, a copy of which is attached
35 hereto as Exhibit"A".
36 Section 3. That this Resolution shall become effective immediately.
37 PASSED AND ADOPTED this /51P—day of �/tonfe ✓ , 2016.
38
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor—Steven B. Grant Ah 5et/7
44
45 Vice Mayor—Mack McCray
46
47 Commissioner—Justin Katz
48
49 Commissioner—Christina L. Romelus
50
51 Commissioner—Joe Casello
52
53 —6
54 VOTE //
55
56 ATTEST:
57
, 2 ,.F
58
59
60 Jud't A. Pyle, CMC ''
61 Cit(Clerk
62
63
64
65 (Corporate Seal)
66
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CONSTRUCTION CONTRACT
NORTH AND SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as "CITY", and JOHNSON-DAVIS, INC., a Corporation authorized 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 November 15, 2016, by Resolution No.: R16-155, the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as
Contract No.: R16-155— , 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: NORTH and SOUTH
ROADS STORMWATER AND WATER MAIN IMPROVEMENTS, Invitation to Bid No. 035-2821-16/TP.
Article 2. CONSULTANT.
Mathews Consulting, Inc. ("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
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
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in proving in a legal preceding 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 Two Hundred Dollars ($1,200.00) 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 Three Hundred
Dollars ($300.00) 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:
One Million Eight Hundred Forty-three Thousand and Sixteen Dollars ($1,843,016.00)
(Written) (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
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.
5.4 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
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been reached.
5.5 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.
5.6 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.
5.7 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:
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 Special Conditions
7.8 Technical Specifications
7.9 Drawings entitled: Cover, North and South Roads (Harbor Estates) Stormwater and Water
Main Improvements
7.10 Addendum No. 1 Dated August 11, 2016.
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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: Jose Huertas, Project Manager Attn: Director of Finance
City of Boynton Beach
124 E. Woolbright Road 100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435 Boynton Beach FL 33425
Tel (561) 742-6487 Tel (561)742-6311
Fax(561) 742-6322
And if sent to the CONTRACTOR shall be mailed to:
JOHNSON-DAVIS, INC.
604 Hillbrath Drive
Lantana, FL 33462
Attn: Scott Johnson
(561) 588-1170
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.
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. FLORIDA'S PUBLIC RECORDS LAW.
The City is a public agency subject.to Chapter 119, Florida Statutes. The Contractor shall comply with
Florida's Public Records Law. Specifically, the Contractor shall:
11.1 Keep and maintain public records required by the CITY to perform the service;
11.2 Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statue or as otherwise provided by law; •
11.3 Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contact term and, following completion of the contract, Contractor shall
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destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the City; and,
11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession. All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of public
records, in a format that is compatible with the information technology systems of the CITY.
11 .5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
100 E. BOYNTON BEACH BOULEVARD.
BOYNTON BEACH, FLORIDA, 33435.
561-742-6061.
PYLEJ@BBFL.US
Article 12. MISCELLANEOUS.
12.1 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.
12.2 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.
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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 —1 day of 90 e.C',e. EX' , 2016.
CITY OF BOYNTON BEACH
c20
City Manager Contractor ` �` � ✓�
Attest/Authenticated: V; c , Q f
Title
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Cit lerk 111, 4*
Approved .s to Form: Attest/Authenti, ted:
C°1-"-
Offic"of the City ney Secretary de-evc r✓
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