R21-011 1 RESOLUTION NO. R21-011
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO
5 SIGN A CONTRACT WITH FOSTER MARINE CONTRACTORS,
6 INC., FOR THE FORCE MAIN ISOLATION VALVES PROJECT,
7 BID NO. ITB 040-2821-20/TP IN THE AMOUNT OF $898,775.00
8 PLUS A 10% CONTINGENCY OF $89,877.50 IF NEEDED FOR
9 STAFF APPROVAL OF CHANGE ORDERS FOR UNFORESEEN
10 CONDITIONS FOR A TOTAL EXPENDITURE OF $988,652.50,
11 SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
12 ATTORNEY; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on December 2, 2020, six (6) bids were received for the Force Main
15 Isolation Valves project, Bid No. ITB 040-2821-20/TP which includes the installation of
16 three (3) 36-inch plug valves and valve vaults along the existing 36-inch force main on
17 Congress Avenue to provide the ability to isolate sections of the force main and divert flow
18 in the event of an emergency or planned maintenance; and
19 WHEREAS, the apparent low bidder was Foster Marine Contractors, Inc., with a
20 base bid amount of $594,525.00 and bid alternate amount of $304,250.00 for a total bid
21 amount of$898,775.00; and
22 WHEREAS, the City's consulting engineer, Carollo Engineers, reviewed the bids
23 and contacted the references provided for Foster Marine Contractors, Inc.,and based on their
24 evaluation of the information provided with the bids, Carollo Engineers found that Foster
25 Marine Contractors, Inc., is the lowest most responsive, responsible, and qualified bidder;
26 and
27 WHEREAS, the City Commission of the City of Boynton Beach upon
28 recommendation of staff, deems it to be in the best interest of the citizens and residents to
29 approve and authorize the City Manager to sign a contract with Foster Marine Contractors,
30 Inc.,for the Force Main Isolation Valves project,Bid No.ITB 040-2821-20/TP in the amount
31 of$898,775.00 plus a 10%contingency of$89,877.50 if needed for staff approval of change
S:\CA\RESO\Agreements\Contract with Foster Marine(Force Main Isolation Valves)-Reso.docx
32 orders for unforeseen conditions for a total expenditure of$988,652.50.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
35
36 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as
37 being true and correct and are hereby made a specific part of this Resolution upon adoption.
38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
39 approves and authorizes the City Manager to sign a contract with Foster Marine Contractors,
40 Inc.,for the Force Main Isolation Valves project,Bid No.ITB 040-2821-20/TP in the amount
41 of$898,775.00 plus a 10%contingency of$89,877.50 if needed for staff approval of change
42 orders for unforeseen conditions for a total expenditure of $988,652.50, subject to final
43 review and approval by the City Attorney. A copy of the signed Contract is attached hereto
44 and incorporated herein as Exhibit"A".
45 Section 3. That this Resolution shall become effective
46 immediately. PASSED AND ADOPTED this 5th day of January, 2021.
47 CITY OF BOYNTON BEACH, FLORIDA
48 YES NO
49
50 Mayor—Steven B. Grant ✓
51
52 Vice Mayor—Ty Penserga
53
54 Commissioner—Justin Katz \/
55
56 Commissioner—Woodrow L. Hay
57
58 Commissioner C• +YkRomelus
•
59
60 r '4� "Y 5-0
61 ATTEST: �,' F� i�il�.�� •
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66:K/c)Cri3t'y Clerk
S:\CA\RESO\Agreements\Contract with Foster Marine(Force Main Isolation Valves)-Reso.docx
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DRAFT
CONSTRUCTION CONTRACT
24IN RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK- EAST
WATER TREATMENT PLANT
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as"CITY", and , a corporation
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 , 2020, by Resolution No.: , 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: 24IN RAW WATER MAIN
LITTLE LEAGUE PARK— EAST WATER TREATMENT PLANT, Invitation to Bid #039-2821-20/TP.
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
Bid No.039-2821-20/TP—24-IN RWM EXTENTION LITTLE LEAGUE-EWTP C-1
Revised 10/7/2020
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY,
TBD Dollars ($ ) 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 _TBD Dollars ($ ) 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:
(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 Five percent(5)of all monies earned by the CONTRACTOR shall be retained by the CITY
until Final Completion of the construction services purchased (defined as that point at
which one hundred (100) 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 and acceptance by CITY.
5.5 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:
Bid No.039-2821-20/TP—24-IN RWM EXTENTION LITTLE LEAGUE-EWTP C-2
Revised 10/7/2020
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.
5.6 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 /Supplemental Conditions
7.8 Technical Specifications
8.8.1 City Construction Standards and Details (available online at: www.boynton-
beach.org/water-utilities/new-construction)
7.9 Drawings entitled: Cover,
7.10 Addendum No. 1 Dated
Bid No.039-2821-20/TP—24-IN RWM EXTENTION LITTLE LEAGUE-EWTP C-3
Revised 10/7/2020
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 City of Boynton Beach
Utilities Department Finance Department
Attn: Jose Huertas, Senior Project Manager Attn: Director of Finance
124 E. Woolbright Road 100 E. Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
Tel (561) 742 -6487 Tel (561) 742-6310
Fax (561) 742-6316
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR
ADDRESS
C I TY/STAT E/Z I P
Attn:
Tel:
Fax:
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.
Sealed documents received by the City in response to an invitation are exempt from public records
disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award
sooner, in accordance with Florida Statutes 119.07.
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
Bid No.039-2821-20/TP—24-IN RWM EXTENTION LITTLE LEAGUE-EWTP C-4
Revised 10/7/2020
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,
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:
CRYSTAL GIBSON (CITY CLERK)
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6061
GIBSONC@BBFL.US
Article 12. 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.
Article 13. MISCELLANEOUS.
13.1 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.
13.2 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.
Bid No.039-2821-20/TP—24-IN RWM EXTENTION LITTLE LEAGUE-EWTP C-5
Revised 10/7/2020
"This Agreement will take effect once signed by both parties. This Agreement may be
signed by the parties in counterparts which together shall constitute one and the same agreement
among the parties. A facsimile signature shall constitute an original signature for all purposes."
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:
1 ,1a
DATED this k t day of \- 1.%„:6; 1`2./� y
(L , 2021.
CITY OF BOYNTON BEACH COMPANY
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Jim Cherof
Office of the City Attorney
Attested/Authenticated:
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acrystal Gibson,
City Clerk
Bid No.040-2821-20/TP—Force Main Isolation Valves Installation C-7
Revised 10/19/2020