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R19-0401 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. R19- 040 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE UTILIZING NATIONAL JOINT POWERS ALLIANCE (NJPA) EZIQC CONTRACT #FL04GC1-051716-SCD WITH SHIFF CONSTRUCTION & DEVELOPMENT OF FT. LAUDERDALE, FL FOR REPAIRS TO BOYNTON BEACH'S MUNICIPAL LANDFILL FOR A NOT TO EXCEED PRICE OF S 71,75237, AND AUTHORIZE THE CITY MANAGER TO SIGN THE PROPOSAL AND DETAILED SCOPE OF WORK, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is in the process of submitting final certification documents to the Florida Department of Environmental Protection (FDEP) and in order to obtain all the documents required to support the City's request, staff issued a purchase order to Caulfield & Wheeler, Inc. to perform a topographic survey; and WHEREAS, the survey showed the landfill had areas of localized subsidence (i.e. the ground beneath the surface has consolidated) which are minor in nature but must be repaired prior to submitting the City's final closeout request to the FDEP; and WHEREAS, National Joint Powers Alliance (NJPA) is a national cooperative purchasing source solution, the City of Boynton Beach is a member ; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve utilizing the National Joint Powers Alliance (NJPA) EZIQC Contract #FL04GC 1 -051716 -SCD with Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal Landfill for a not to exceed price of $ 71,752.37 and to authorize the City Manager to sign the proposal and detail scope of work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\6807A990-7DDC-4007-9946-0074AC8B960E\Boynton Beach. 15556A MPA_Contract_With_Shiff_Construction_For_Repairs_To_The_Landfill_ _Reso.Docx 30 31 "s2 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 50 51 52 53 54 55 56 57 58 59 611 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves utilizing the National Joint Powers Alliance (NJPA) EZIQC Contract #FL04GC1-051716-SCD with Shiff Construction & Development of Ft. Lauderdale, FL for repairs to Boynton Beach's Municipal Landfill for a not to exceed price of $ 71,752.37 and to authorize the City Manager to sign the proposal and detail scope of work, a copy of which is attached hereto as Exhibit "A" Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this J&d day of 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant `-- Vice Mayor — Justin Katz %-- Commissioner Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE ATTEST: �L4a�14 Judo A. Pyle, CM City Clerk �YNTO (Corporate Seal) O.��=��ar�• ��t� ••.7I's ��•: 1920 z�= V l C \Program Files (X86)\Neevia.Com\Doc�Ar� eer�rfh>DZ\6807A990-7DDC-4007-9946-0074AC8B960E\Boynton Beach. 15556 1 NNA_Contract_With_Shiff �aht wtixitm,Vi_Repairs_To_The_Landfill_-_Reso.Docx Contractor's Price Proposal - Summary Date: March 06, 2019 Re: IQC Master Contract #: FL04GC1-051716-SCD Work Order #: 065905.00 Owner PO #: Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Contractor: Shiff Construction & Development, Inc. Proposal Value: $71,752.37 Section - 01 $28,718.83 Section - 31 $8,015.67 Section - 32 $35,017.87 Proposal Total $71,752.37 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 3/6/2019 Contractor's Price Proposal - Detail Date: March 06, 2019 Re: IQC Master Contract #: FL04GC1-051716-SCD Work Order #: 065905.00 Owner PO #: Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Contractor: Shiff Construction & Development, Inc. Proposal Value: $71,752.37 Sect Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Section - 01 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $7,993.50 costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 7,500.00 x 1.00 x 1.0658 - 7,993.50 Allowance to re -stabilize road if necessary once work completed at road way. 2 01 22 20 00 0015 HR LaborerFor tasks not included in the Construction Task Cataloge and as $3,349.60 directed by owner only. Quantity Unit Price Factor Total Installation 120.00 x 26.19 x 1.0658 - 3,349.60 Additional labor to place aggregate and sod due to location. 3 01 22 23 00 0392 WK 1 CY, 24" Bucket, 14'-4" Deep, 75 HP, Loader -Backhoe With Full -Time $5,715.86 Operator Quantity Unit Price Factor Total Installation 2.00 x 2,681.49 x 1.0658 - 5,715.86 Used to transport fill from drop site to depressed areas. 4 01 22 23 00 0392 0074 MOD For Equipment Without Operator, Deduct -$1,892.25 Quantity Unit Price Factor Total Installation 1.00 x -1,775.43 x 1.0658 - -1,892.25 5 01 22 23 00 0955 WK 6,000 LB Straight Mast, Industrial Warehouse Forklift With Full -Time Operator $2,509.88 Quantity Unit Price Factor Total Installation 100 x 2,354.93 x 1.0658 - 2,509.88 Required to offload and place sod 6 01 22 23 00 1217 WK 18 CY Rear Dump Truck With Full -Time Truck Driver $11,042.24 Quantity Unit Price Factor Total Installation 200 x 5,180.26 x 1.0658 = 11,042.24 City to provide fill, load into Contractor dump truck for delivery to project site. Subtotal for Section - 01 $28,718.83 Section - 31 7 31 05 16 00 0030 CY Aggregate Placementlncludes Spreading, Grading, Compaction Rolling $8,015.67 Quantity Unit Price Factor Total Installation 395.00 x 19.04 x 1.0658 - 8,015.67 Place 395CY fill provided by City Subtotal for Section - 31 $8,015.67 Section - 32 Contractor's Price Proposal - Detail Page 1 of 2 3/6/2019 Contractor's Price Proposal - Detail Continues.. Work Order Number: 065905.00 Work Order Title: Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Section - 32 8 32 92 23 00 0050 MSF >8,000 SF, Bahia Argentine Sod, Installed On Level Ground $35,017.87 Quantity Unit Price Factor Total Installation 56.70 x 579.47 x 1.0658 - 35,017.87 Install 90 pallets sod(40,200) on landfill and replace 16,200 sod at access road once complete Subtotal for Section - 32 $35,017.87 Proposal Total $71,752.37 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Detail Pape 2 of 2 3/6/2019 Subcontractor Listing Date: March 06, 2019 Re: IQC Master Contract #: Work Order #: Owner PO #: Title: Contractor: Pronosal Value' FL04GC1-051716-SCD 065905.00 Boynton Beach Boynton Beach 7342 Municipal Landfill Subsidence Shiff Construction & Development, Inc. $71,752.37 1 ` IQC THE GORDIAN GROUP Subcontractor Listing 3/6/2019 Duties Amount Name of Contractor $0.00 o.00 No Subcontractors have been selected for this Work Order Subcontractor Listing 3/6/2019 National Joint Powers Alliance°° INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: FL04GC1-051716-SCD GEOGRAPHICAREA: Southeast Florida This Agreement dated 06/06/2016, by and between the National Joint Powers Alliance, hereinafter referred to as NJPA and Shiff Construction and Development, Inc. at the following address 1350 NE 561h Street, Suite 100, Fort Lauderdale, FL 33334 hereinafter referred to as the CONTRACTOR. WITNESSETH: NJPA and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications) and Addenda thereto, the Bid Deposit, all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Work Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Work Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by an NJPA Member in connection with any Work Order, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an NJPA Member, provide notification to NJPA or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to POC&-EZIQC.com or via facsimile to (864) 233-9100. D. The Contractor shall, within two (2) business days of sending an Invoice to an NJPA Member, provide notification to NJPA or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice(-EZIQC.com or via facsimile to (864) 233-9100. ARTICLE 2. SCOPE OF WORK A. The Contractor shall provide the services required to develop each Work Order in accordance with the procedures for developing Work Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. B. Each Work Order developed in accordance with this Agreement will be issued in connection with a Purchase Order by an individual NJPA Member. The Purchase Order will reference the Work Order and require the Contractor to perform the Detailed Scope of Work within the Work Order Completion Time for the Work Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work In a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A This Agreement is an indefinite -quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $2.000,QQ4. This is only an estimate and may increase or decrease at the discretion of NJPA. B. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors: C. The Contractor shall perform any or all Tasks in the Construction Task Catalog for the unit price appearing therein multiplied by the following Adjustment Factors TO BE ENTERED BY NJPA � a. Normal Working Hours: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9946 (Specify to four (4) decimal places) b. Other Than Normal Working Hours: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth In the CTC multiplied by the Adjustment Factor of: 1.0595 (Specify to four (4) decimal places) C. Non Pre -priced Adiustment Factor. To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1.1676 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A. The base term shall be one year with three one year options. The total term of the Contract shall not exceed three years (unless extended by NJPA per the Terms of this Contract). The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. NJPA may, for any reason, terminate this Agreement at any time. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. NJPA selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by NJPA and NJPA Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for NJPA and NJPA Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's contract with NJPA, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to NJPA and NJPA Members under this Contract ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Contract expires or terminates as provided herein, or the Gordian's contract with NJPA expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. NATIONAL JOINT POWERS ALLIANCE® Book 1 — Project Information, Instructions to Bidders and Execution Documents C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attomey's fees. D. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Work Order, Purchase Order or similar purchasing document (Purchase Order) issued by NJPA or an NJPA Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: National Joint Powers Alliance &-" - a -a Authorized Signature 61zle,,y Sxtwolh— Contractor ua� Autfforized Slgnat JUSTEN SHIFF Print Name Contract Number: TLo4GC 1-p5 f -7 1 lA-SCJ (assigned by NJPA) 36 Section Three — Bid Forms April 2016 DocuSi n Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92 ���� �� NJPA Contract Renewal Non-Prepriced 1.1676 1.0000 1.1676 Normal Working Hours 0.9946 1.0716 1.0658 Other Than Normal Working Hours 1.0595 1.0716 1.1354 Now therefore: "Vendor" and "NJPA" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of June 6, 2018 through June 5, 2019. National Joint u gne y: Powers Alliance® (NJPA) � By:Fj Ayf, , Its: NJPA Director of Cooperative Contracts and Procurement/CPO Name printed or typed: Jeremy Schwartz Date:5/11/2018 1 9:08 PM CDT By:,&Sh'V" SU ff Name printed or typed: Justen S h i ff Date: 5/11/2018 1 1:12 PM CDT , Its: President ---------------------------------------------------------------------------------------------------------------------------------------------------- If you do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: hftp://enrcontracts.egordian.com/NJPA?CtrlD=5e11 c2dO-7eb4-45cf-9432-3ee9345ca9d7&bd=04/01 /2016 2/2 DocuSign Envelope ID: D6A68CE2-A2BF-4D29-BC20-3COB88EB6E92 NJPA Contract Renewal ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT made by and between Shiff Construction & Development, Inc. 1350 NE 56th St -Ste. 100 Fort Lauderdale, FL 33334 and National Joint Powers Alliance® (NJPA) 202 12th Street NE PO Box 219 Staples, MN 56479 Phone: (218) 894-1930 or (888) 894-1930 Whereas: "Vendor" and "NJPA" have entered into 1) an "Acceptance of Bid and IFB FL04GC1-051716-SCD" with an effective date of June 6, 2016, a maturity date of June 5, 2019, and which are subject to annual renewals at the option of both parties. MODIFICATION: SECOND RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period: Base Year Oation Year Base Average 10117.7608 Price Adjustment: Second Year Index Averagg = Base Year Index Average # FL04GC1-051716-SCD Date Index 1 May 2015 10028.15 2 June 2015 10038.78 3 July 2015 10037.36 4 August 2015 10038.79 5 September 2015 10065.09 6 October 2015 10128.32 7 November 2015 10104.69 8 December 2015 10135.00 9 January 2016 10132.55 10 February 2016 10181.92 11 March 2016 10242.09 12 April 2016 10280.39 Base Average 10117.7608 Price Adjustment: Second Year Index Averagg = Base Year Index Average # FL04GC1-051716-SCD 10842.6858 10117.7608 Option Average 10842.6858 1.0716 AWARD MULTIPLIER x PRICE ADJUSTMENT — OPTION MULTIPLIER http://enrcontracts.egordian.com/NJPA?CtriD=5e11 c2dO-7cb4-45cf-9432-3ee9345ca9d7&bd=04/0112016 1/2 Date Index 1 May 2017 10692.17 2 June 2017 10707.81 3 July 2017 10789.26 4 August 2017 10841.56 5 September 2017 10822.82 6 October 2017 10817.11 7 November 2017 10870.06 8 December 2017 10873.56 9 January 2018 10878.01 10 February 2018 10889.17 11 March 2018 10958.79 12 April 2018 10971.91 10842.6858 10117.7608 Option Average 10842.6858 1.0716 AWARD MULTIPLIER x PRICE ADJUSTMENT — OPTION MULTIPLIER http://enrcontracts.egordian.com/NJPA?CtriD=5e11 c2dO-7cb4-45cf-9432-3ee9345ca9d7&bd=04/0112016 1/2