R19-0272
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RESOLUTION NO. R19-027
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A
CONTRACT WITH JOHNSON-DAVIS, INC. FOR THE NEW PALM
WAY & LAKE STREET STORMWATER IMPROVEMENTS
PROJECT, BID NO. 007-2821-19/IP IN THE AMOUNT OF
$199,990.00 PLUS A 10% CONTINGENCY OF $20,000 IF NEEDED
FOR STAFF APPROVAL OF CHANGE ORDERS FOR
UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF
$219,990.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 28, 2019, three (3) bids were received for the New Palm
Way & Lake Street Stormwater Improvements project, Bid No. 007-2821-19/TP which
ranged from $199,990.00 to $288,650.00; and
WHEREAS, the project includes stormwater improvements on New Palm Way and
Lake Street which are east of Federal Highway, border the Intracoastal Waterway, and are prone
to water ponding and flooding during rain events; and
WHEREAS, the project. includes new stormwater piping, structures, and connection to
the existing stormwater outfall; and
WHEREAS, staff reviewed the bid proposals and it was determined that Johnson -
Davis, Inc., was the lowest most responsive, responsible and qualified bidder; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff. deems it to be in the best interest of the citizens of the City of Boynton Beach to
authorize the City Manager to sign a contract with Johnson -Davis, Inc. for the New Palm Way & Lake
Street Stormwater Improvements project, Bid No. 007-2821-19/IP in the amount of $199,990.00 plus a
10°'0 contingency of $20,000 if needed for staff approval of change orders for unforeseen conditions for a
total expenditure of $219,990.00.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OY BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
is being true and correct and are hereby made a specific part of this Resolution upon
idoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes the City Manager to sign a contract with Johnson -Davis, Inc. for the New Palm Way &
Lake Street Stormwater Improvements project, Bid No. 007-2821-19n? in the amount of $199,990.00
plus a 10% contingency of $20,000 if needed for staff approval of change orders for unforeseen conditions
for a total expenditure of $219,990.00, a copy of which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 5`h day of March, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus ✓
Commissioner — Mack McCray ' V11*-
Commissioner — Justin Katz
Commissioner — Aimee Kelley
., ......... � . VOTE y -' O
ATTEST: _ = �p`t KT0N1``'il
OR''U�•.
- 7 ,
Judi A. Pyle, CM
City lerk .... 1920s
v�
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NEW PALM WAY AND LAKE STREET STORMWATER IMPROVEMENTS
CONSTRUCTION CONTRACT
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 X
partnership sole proprietor 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 March 5. 2019, by Resolution No.:Z, the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.:
, 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. NEW PALM WAY AND LAKE
STREET STORMWATER IMPROVEMENTS, Invitation to Bid ;11007-2821-191T'P.
Article 2. CONSULTANT.
City of Boynton Beach.("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 120 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
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,
Seven Hundred Fi#ty 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
Boynton Heath 110ties — New Palm Way B. LakR St. Stormwater Improvements CA
Revised 2/2019
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 and Fifty Cents Dollars 167.50
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 Hundred Ninety -Nine Thousand Nine Hundred -Ninety Dollars and Zero Cents
(Written)
$199,990.00
(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
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
Boynton Beach UtilitieS — Nevi Palm Jay & Lake St. Stormwater ImprovernenL5 C-2
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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 ana equipment snail oe tree trom 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, Appendix A
7.10 Addendum No. 1 Dated 12-12-18.
7.11 Addendum No. 2 Dated 1-10-2019.
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
Attn: Juan Cuertas, Assoc. Engineer
Copy to: Procurement Services
Attn: Director of Finance
Boynton Beach Utilities — New Palm Way & take St. Stormwater improvement:. C-3
Revised 2/2019
124 E. Woolbright Road
Boynton Beach, FL 33435
Tel (561) 742 - 6437
And if sent to the CONTRACTOR shall be mailed to:
Article 9. INDEMNITY.
City of Boynton Beach
3301 Quantum Boulevard, Suite 101
Boynton Beach FL 33425
Tel (561) 742-6322
Fax (561) 742-6316
CONTRACTOR: Johnson — Davis, Inc
ADDRESS: 604 Hillbrath Drive
CITY/STATE/ZIP: Lantana, FL 33462
Attn: Scott J. Johnson
Tel: 561-588-1170
Fax: 561-585-5252
Email: siohnson(Mohnsondavis.com
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 speck 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 exertipt 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,
1,4 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
Boynton Beach Utilities - New Palm Way & Lake St. Storm::atcr impmvemenw C-4
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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:
(CITY CLERK)
3301 QUANTUM BOULEVARD
SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
PYLEJ@BBFL.US
r Article 11.
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
I,-, 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 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
r epresentatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Boynton: Keach Utill-des — !ewf Palm VVEl 8- Lake S:. StOmri73ter Improvamen's
Revised 212019
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 i �1 day of I Ij 2019.
CITY OF BOYNTON BEACH
City Manager
AttesttAuthenticated:
j'4 -A A /
City CI k
Contractor
V1 cad aT.e,� Qi�F..fi
Title
(Corporate Seal)
AttesUAuth ti ed:
Secretary "r �OrewSaN
Boynton Beach Utilities — New Palm Way & Lake St. Stormwater Improvements C-6
Revised 212019
A TTA CHMENT "C"
$oyr+:cn 3aach Uii;itie, — h1w+ Palm Nay & Lake St. Stormw-ater Improvement-,