R19-020 1 RESOLUTION NO. R19-020
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN AWARD OF BID AND
5 AUTHORIZING THE CITY MANAGER TO SIGN A
6 CONTRACT WITH INSITUFORM TECHNOLOGIES,LLC.,
7 AS DETERMINED BY REVIEW OF BIDS SUBMITTED IN
8 RESPONSE TO ITB 03-CIPP-19/TP FOR "CURED-IN-
9 PLACE PIPE LINING" IN THE AMOUNT OF $191,043.60;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS,on January 17,2017,the City Commission approved a list of three(3)
13 pre-qualified contractors to perform Cured-In-Place Pip (CIPP) Lining as a result of RFQ
14 #057-2821-16/TP so that when Utilities has a CIPP project a bid will be sent to the 3 pre-
15 qualified contractors and ask them to submit bids from which one will be recommended to
16 be awarded the contract; and
17 WHEREAS, a Request for Bids was issued to our pre-qualified Contracting firms to
18 submit line item pricing to perform Cured-in-Place Pipe Lining of sewer mains in Leisureville
19 and Gateway Boulevard; and
20 WHEREAS, staff reviewed the bid proposals and it was determined that Insituform
21 Technologies, LLC was the lowest, pre-qualified bidder; and
22 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award
24 ITB 03-CIPP-19/TP for Cured-In-Place Pipe Lining in the amount of $191,043.60 and
25 authorize the City Manager to sign a Contract with Insituform Technologies, LLC.
26 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
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30 adoption.
31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
32 approves the award ITB 03-CIPP-19/TP for Cured-In-Place Pipe Lining in the amount of
33 $191,043.60 and authorize the City Manager to sign a Contract with Insituform Technologies,
34 LLC., a copy of which is attached hereto as Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately.
36 PASSED AND ADOPTED this 19th day of February, 2019.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant ✓
42
43 Vice Mayor—Christina L. Romelus
44
45 Commissioner—Mack McCray ✓
46
47 Commissioner—Justin Katz ✓
48
49 Commissioner—Aimee Kelley
50
51 VOTE 5-0
52 ATTEST:
53
54 �•
55 6,_ 4)/„
56 Judith . Pyle, CMC
57 City rk
58
59
60 (Corporate Seal)
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STORMWATER CURED-IN-PLACE PIPE LINING BOYNTON
BEACH LEISUREVILLE AND GATEWAY BOULEVARD (CIPP)
RFQ No.: 057-2821-16/TP
ITB 03-CIPP-19/TP
CONSTRUCTION CONTRACT
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, 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 February 19, 2019, by Resolution No.: , the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract
No.:ITB 03-CIPP-19/TP, 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: STORMWATER CURE-IN-
PLACE-PIPE LINING BOYNTON BEACH LEISUREVILLE AND GATEWAY BOULEVARD RFQ No 057-
2821-16/TP,ITB 03-CIPP-19/TP.
Article 2. CONTRACT TIME; LIQUIDATED DAMAGES.
2.1 The WORK will be substantially completed within 90 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.
2.2 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 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
Boynton Beach Utilities—Stormwater Cured-In Place Pipe Lining Boynton Bch Leisureville and Gateway Blvd. C-1
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2.2.1 CONTRACTOR agree that as liquidated damages for delay (but not as a penally)
CONTRACTOR shall pay the CITY,SEVEN HUNDRED FIFTY Dollars ($750.00)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, ONE
HUNDRED EIGHTY-SEVEN DOLLARS AND FIFTY CENTS ($187.50)for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 3. 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 HUNDRED NINETY-ONE THOUSAND FOURTY-THREE DOLLARS AND SIXTY CENTS
(Written)
$191,043.60
Article 4. 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.
4.1 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. 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. 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.
4.2 Ten percent(10) of all monies earned by the CONTRACTOR shall be retained by CITY until
completion of the construction services.
4.3 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to
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protect itself from loss on account of:
4.3.1 Defective Work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
4.3.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or
for material or labor.
4.3.4 Damage to another CONTRACTOR not remedied.
4.3.5 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.
4.4 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 5. 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 6. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
6.1 Invitation to Bid
6.2 Instructions to Bidders
6.3 Bid Forms (Including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid
Bond,and all required certificates,affidavits and other documentation)
6.3 Contract
6.4 Contractor's Performance and Payment Bond
6.5 General Conditions
6.6 Special Conditions
6.7 Technical Specifications
6.8 Drawings entitled: Appendix "K, Stormwater Cured-In-Place Pipe Lining Boynton Beach
Leisureville and Gateway Boulevard
6.9 Addendum No. 1 Dated January 2,2019.
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ARTICLE 7. 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:Tremaine Johnson,Operation Field Manager Attn: Director of Finance
City of Boynton Beach
124 E.Woolbright Road 3301 Quantum Blvd., Suite 101
Boynton Beach, FL 33435 Boynton Beach FL 33426
Tel(561)742-6476 Tel(561)742-6312
Fax(561)742-6322
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR; Insituform Technologies, LLC
ADDRESS: 17988 Edison Avenue
CITY/STATE/ZIP: Chesterfield, MO 63005
Attn: Diane Partridge, Contracting and Attesting Officer
Tel:(636)530-8000
Fax: (636)530-8701
Article 8. 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 9. 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 10. 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:
10.1 Keep and maintain public records required by the CITY to perform the service;
10.2 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;
10.3 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
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,
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10.4 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.
10.5 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
3301 QUANTUM BOULEVARD, SUITE 101
BOYNTON BEACH, FLORIDA, 33426.
561-742-6061.
PYLEJ@BBFL.US
Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473.
By submission of this Bid,Proposer certifies that Proposer is not participating in a boycott of Israel.Proposer
further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or
services with any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's
determination concerning the false certification.Contractor shall have five(5)days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond In writing and
demonstrate that the determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,
as amended from time to time.
Solicitation responses of$1 million or more must include the attached Scrutinized Companies form to certify
that the Proposer is not on either of those lists
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
i and year set forth below their respective signatures.
i 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:
A
DATED this d u day of rebr0-4-, ,' , 2019.
CITY OF BOYNTON BEACH CONTRACTOR : Insituform Technologies, LLC
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Lori LaVerriere, City Manager Name Diane Partridge
Attest/Authenticated: Contracting and Attesting Officer
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Appro -•tas o F., Attest/Authenticated:
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J-u:s '. C 'Of, City Attorney • :.4.. Janet Hass,Contracting and Attesting Officer
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INSITUFORM TECHNOLOGIES,LLC
PRESIDENT APPOINTMENT OF
CONTRACTING AND ATTESTING OFFICERS
The undersigned,being the President of Insituform Technologies,LLC,a Delaware Limited
Liability Company(the"Company"),and pursuant to the authority set forth in the Limited Liability
Company Operating Agreement of the Company,hereby determines that:
1. Christlanda Adkins,Laura M.Andreski,Janet Hass,Jana Lause,Diane Partridge,
Whittney Schulte,and Ursula Youngblood are appointed as Contracting and Attesting
Officers of the Company,each with the authority,individually and in the absence of the
others,subject to the control of the Board of Managers of the Company,to: (i)certify
and attest to the signature of any officer of the Company; (ii)enter into and bind the
Company to perform pipeline rehabilitation activities of the Company and all matters
related thereto,including the maintenance of one or more offices and facilities of the
Company;(iii)execute and to deliver documents on behalf of the Company;and(iv)
take such other action as is or may be necessary and appropriate to carry out the project,
activities and work of the Company.
2. Any person previously appointed or serving as a Contracting and Attesting Officer of the
Company prior to the date hereof and who is not named above is hereby removed from
any such appointment.
Dated: December 1,2018
Charles R.Gordon
President