R04-001 RESOLUTION NO. R- 04 -OO I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE "PIGGY-BACK" BID OF BROWARD COUNTY,
FLORIDA BID #PY02275B1, WITH W. JACKSON AND
SONS CONSTRUCTION COMPANY, FOR THE
EMERGENCY INSTALLATION/REPAIR SERVICES
FOR WATER AND SEWER SYSTEMS IN THE
AMOUNT OF $36,548.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is the City's desire to enter into an agreement with W. Jackson
~nd Sons Construction Company for the installation of two (2) 110 hp pumps at Master
Lift Station 356, utilizing Broward County Bid #PY02275B 1; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the "piggyback" of Broward County, Florida to W. Jackson & Sons
Construction Company, for the installation of two (2) 110 hp pumps at Master Lift
Station 356.
Section 2. The City Manager is hereby authorized and directed to execute said
Agreement between the City of Boynton Beach and W. Jackson & Sons Construction
Company, said Agreement being attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
S:\CA\RESOVkgreements\Bid Awards\Piggy-Back Broward County - W.Jackson Construction.doc
PASSED AND ADOPTED this ~ day of January, 2004.
ATTEST:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~:\CA\RESOV~.greements\Bid Awards\Piggy-Back Broward County - W.dackson Construction.doc
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
BID TITLE:
BID NUMBER:
EMERGENCY INSTALLATION AND REPAIR SERVICE FOR
WATER AND SEWER SYSTEMS
PY02275B1
THIS CONTRACT, made and entered into this 6th day ofJanuar~, 2004~ by and between
the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and W. JACKSON & SONS CONSTRUCTION COMPANY
a Florida Corporation ~
a Florida General Partnership ( )
a Florida Limited Partnership (__)
a Sole Proprietor (__)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH:
WHEREAS, the CITY desires to enter into this Agreement with CONTRACTOR in
order to provide for the installation of two (2) 110 hp pumps at Master Lift Station 356 (the
"Project"); and
WHEREAS, the CITY and CONTRACTOR hereby acknowledge that CONTRACTOR
shall perform the services required pursuant to this Agreement in accordance with the cost
proposal attached hereto as Exhibit "A".
WHEREA/S, the CONTRACTOR previously submitted a bid to Broward County,
Florida for the provision of Emergency Installation and Repair Service for Water and Sewer
Systems, a copy of such bid is attached hereto as Exhibit "B", and is incorporated herein by
reference, and the CITY desires to "piggy-back" this Agreement on the Broward County bid, in
order to provide for the performance of the Project.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1. SCOPE OF SERVICES
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct, and incorporated herein by
this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction
services for completion of the Project as described herein.
1.1.3.
The CONTRACTOR does accept this Contract and does agree to furnish the
necessary labor, tools, equipment, materials and supplies, etc., and to complete
the Project by performing all the work as set forth in the this Contract for the price
and amounts set forth in CONTRACTOR's cost proposal of $36,548.00, which is
attached hereto as Exhibit "A", and incorporated herein by reference, and in
conformance with the bid submitted to the Broward County Purchasing
Department on or about February 18, 2003, which is attached hereto as Exhibit
"B", and incorporated herein by reference.
1.1.4. Unless otherwise provided, all time frames referenced shall be calendar days.
2. DESCRIPTION OF PROJECT
2.1
The Project consists of the installation of two (2) 110 hp pumps at Master Lift Station
#356 at a cost of $36,548.00. Installation will include the demolition and removal of the
existing pumps and pump bases, and the CONTRACTOR will form and pour new pump
bases and install the new pump systems.
3. OBLIGATIONS OF CONTRACTOR
3.1. CONTRACTOR shall:
3.1.1.
Furnish all materials, supplies, machines, equipment, tools, superintendents,
labor, insurance, and other accessories and services necessary to complete said
project in accordance with the conditions and prices as stated in the
CONTRACTOR's cost proposal provided to the CITY, which is attached hereto
as Exhibit "A".
3.1.2.
Perform all the work and labor pursuant to this contract. All materials furnished
by CONTRACTOR shall also be in strict conformity with the provisions of the
Broward County bid, which is attached hereto as Exhibit "B".
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
associated with the Project in a first-class, substantial and workmanlike manner.
3.1.4.
Guarantee all work and materials for a period of one (1) year from the date of
final acceptance by the CITY. Upon receipt of written notification from the CITY,
CONTRACTOR shall correct any defective or faulty work or materials which
may appear within one (1) year after completion of the Contract and receipt of
final payment. CONTRACTOR shall make the necessary corrections within ten
(10) days of receipt of the written notice.
3.1.5. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay
promptly, before final settlement, any and all claims or liens by subcontractors or
2
material suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms to be
utilized shall be supplied by CITY.
3.1.6.
Remove and clean up all rubbish, debris, excess material, tools and equipment
from streets, alleys, parkways and adjacent property that may have been used or
worked on by the CONTRACTOR in connection with the Project.
3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
3.1.8. Obtain written approval from the CITY of all subcontractors.
3.1.9.
Shall provide all required bonds, insurance certificates and any other required
security for performance of the Project within ten (10) days of the Award of this
Project.
3.1.10. For purposes of this Contract, CONTRACTOR is an independent contractor.
3.2 The CONTRACTOR will be held responsible for the care, protection and condition of
all work until final completion and acceptance thereof, and will be required to make
good at his own cost any damage or injury occurring from any cause resulting from their
acts or omissions or the acts or omissions of their subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1. CITY shall provide CONTRACTOR a written "Notice to Proceed" not later than ten
(10) days from the execution of this Contract.
4.2. Make timely payments for the work completed and approved by the CITY.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.
CONTRACTOR hereby agrees to commence work under this contract on or before a
date to be specified in the written "Notice to Proceed" provided to CONTRACTOR by
CITY, and to fully complete the project within t_bO calendar days following the
commencement date as specified in the "Notice to Proceed".
5.2.
Time is of the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work associated with the Project following "Notice to Proceed" or
fail in the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or extensions of
time. The CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, the amount stipulated in Section 6.0 herein below for each and every calendar
day that the CONTRACTOR shall be in default of completion.
5.3
CONTRACTOR shall notify the CITY in writing of any change in the names and
addresses of each subcontractor proposed for principal parts of work associated with the
Project.
6. LIQUIDATED DAMAGES
6.1.
The CONTRACTOR further agrees to pay $-,200,00- per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to
Proceed" or failure to complete the work within- {~O- calendar days from the
commencement date as indicated in the written "Notice to Proceed". The CITY shall
have the right to deduct said liquidated damages from any amount due, or that may
become due the CONTRACTOR, or to collect such liquidated damages from the
CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that prices contained in both the cost proposal and the bid
submitted to Broward County include the protection and continuous use of all existing
work in process, property or operations of the CITY.
8. INDEMNIFICATION
8.1.
The CONTRACTOR shall indemnify, defend, and save harmless the CITY, its agents,
servants, and employees from and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission or negligent act of
CONTRACTOR, its agents, servants, or employees in the performance of services under
this Agreement.
8.2,
CONTRACTOR shall indemnify, defend, and save harmless CITY, its agents, servants
and employees from and against any kind and all causes, claims, demands, actions,
losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including
without limitation reasonable attorney's and paralegal expenses at both the trial and
appellate levels) of whatsoever kind or nature for damages to persons or property caused
in whole or in part by any act, omission, or default of the CITY, its agents, servants or
employees arising from this contract or its performance. The CONTRACTOR and the
CITY hereby agree and covenant that the CONTRACTOR has incorporated in the
original cost proposal, which constitutes the Contract sum payable by the CITY to the
CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00)
sufficient to support this obligation of indemnification provided for in this paragraph.
The indemnification required pursuant to the Contract shall in no event be less than $1
million per occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8,3.
The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR
to comply with the foregoing indemnification provision, as well as the insurance
provisions which are set forth in Section 12 of this Contract. However, the
4
indemnification provision, and the insurance provision are not interdependent of each
other, but rather each one is separate and distinct from the other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any
offset, limitation or defense as a result of any insurance proceeds available to either the
CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to any additions and deductions required to complete the Project.
10. CHANGES IN THE WORK
10.1
The CITY, without invalidating the Contract, may order extra work or make changes by
altering, adding to or deducting from the work, the Contract sum being adjusted
accordingly. All such work shall be executed under the conditions of the original
Contract. Any claim for extension of time caused thereby shall be made in v~xiting at the
time such change is ordered.
10.2 All change orders and adjustments shall be in writing and approved by the CITY,
otherwise, no claim for extras will be allowed.
10.2
Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be submitted for
the current contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is completed.
11. INSUI~NCE
11.1 The CONTRACTOR shall obtain and maintain insurance as set forth in Exhibit "C",
naming the City of Boynton Beach as an additional insured. A certificate of insurance
evidencing such coverage shall be provided to the CITY prior to commencement of any
work associated with the Project.
12. CONTRACT CONTROLS
12.1
In the event of a conflict between the requirements or specifications set forth in this
Contract and the performance of CONTRACTOR's obligations pursuant to this
Contract, the conflict shall be resolved by written interpretation by the CITY.
13. TIME OF ESSENCE
13.1 Inasmuch as the provisions of this Contract relating to the times of performance and
completion of the Project are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined program, all
such time limits are of the essence of the Contract.
15.
14. REMEDY FOR DELAY
14.1
In the event of any delay in the Project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather
conditions or unavailability of materials, the sole remedy available to CONTRACTOR
shall be by extension of the time allocated to complete the project.
14.2
NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS
LIMITATION.
14.3
Failure on the part of CONTRACTOR to timely process a request for an extension of
time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
14.4 All requests for extension of time to complete the work shall be made in writing to the
CITY.
14.5 For the purpose of this section, the phrase "the CITY, its agents and employees" shall
include but shall not be limited to the Project Engineer and Project Manager.
DISPUTES
15.1
Disputes shall be resolved through good faith efforts upon the part of the
CONTRACTOR and the CITY, or its representatives. At all times, CONTRACTOR
shall carry on the work and maintain his progress schedule in accordance with the
requirements of the Contract and the determination of the CITY, or its representatives,
pending resolution of any dispute. The CITY, or its representatives, who shall reduce
such decision to writing shall decide any dispute that is not disposed of by mutual
agreement. The decision of the CITY, or its representatives shall be final and
conclusive.
6
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
'~k ~ Approved as to Form:
~. City Attorney
"'~i~&.6'~aled and witnessed W. Jackson & Sons Construction Company
in.f:
President or ~j~e President
~/// fi/ Att e st as~ff~)NTP,_,d.C TIDR
State of Florida~ff )
) SSi
County of
On this~/' day of fT~O6..t4~ , 200~4;, personally appeared before me, duly authorized
to administer oaths, ,~P~t.h'~ ~i' ~,~J x~, ..i~.,.7~5~.~ known to be the
persons described h'ere~n ~' Wh~ has 'Produced 2~x o,od[~. ~,,./,d as
identification and who executed the foregoing instrume~tand has acld~wledged before me that
they have executed same.
Not~'y P(:~olic
Angem E Hem
My Commission Expires:
\\3GCDE_FSXLIBR.~RYX1990\900182.BBka, GMT~Contract for Pump Installation 1.doc
7
The Ci of
Beach
Procurement Services
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: ~5~;I) 742-6,?06
NOTICE TO
PROCEED
TO:
W. JACKSON & SONS CONSTRUCTION CO.
1888 N.W. 21sT STREET
POMPANO BEACH, FL 33069
DATE: FEB. 12, 2004
PROJECT: INSTALLATION OF (2) 110 HP PUMPS AT MASTER LIFT STATION 11356
Contractor shall commence WORK within ten (10) calendar days of the Commencement Date specified
below in accordance with the Agreement dated: January 6~ 2004. Contractor shall achieve Substantial
Completion without interruption no later than 60 calendar days thereafter.
Commencement Date:
Substantial Completion Date:
Final Acceptance Date:
FEBRUARY 13, 2004
MARCH 13, 2004
APRIL 12, 2004
Fhe Owner's designated representative for all activities relating to this project will be:
Contact Person: Toni Lombardi Department: Utilities
Title: Utilities Telephone: (561) 742-6421
Bill Atkins, Deputy Director of Financial Services
ACCE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
~---' ~'/~ c/~ J' 7-- Date:
Print Name
Signature Title:
PTANCE OF NOTICE
Utilities Department - Tony Lombardi
Finance
City Clerk
File
Rev. 12/30/03
Dec '06 03 O1:24p
TRIO DEVELOPMEMT
W JACKSON SONS
954 971 0030
COUNTY
PURCHA,~ING DIVISION
'1"15 S, AllOrews Avehue. ECOm 212 · ~rt tauderOale. FIO~i0a 3550'1 . 954-557-6D65 . FAX 954-357-85~
May 13, 2003
W. Jackson & Sons Construction Company
1888 NW21 Street
Pomparm Beach, FL 33069
Attention: Thomas A. Jackson, Sec. I Treasurer
Reference: Bid # P Y 02 27'5 81 for Emergency Ir.stall:/Repair Services Water/Sewer
Systems
Dear Mr. Jackson:
This is to com3rm that Board of County Commissioners at its meeting held on Apdl 29,
2001 under Agenda Item No. 15 accepted your Bid on the above-referenced
solicitation.
A Bid tabulation of all Bids received is enclosed, with items(s) awarded to your tim1 as
noted.
The Contract is in effect for the period beginning May 9, 2003 and ending May 8,
2004. Purchase Order(s) will be placed as and when required.
A copy of this Notice, with a copy of your Bid, including all terms and conditions, is
being forwarded to all Using Agencies.
Thank you for your interest in doing business with Broward County.
Sincerely,
GLENN R. CUMMINGS, CPPO, Director of Purchasing
Pure, basing Division
Ann Potter, CPPB, Purchasing Agent II
Constnx=tlon Specialist
cc: Off'~e_of Environmeqf~[r ~ervices,, Arffho.ny LiVen=
Using Agency
GRC:spg
TOTRL P. 01
Dec 06 03 01:24p TRIO DEVELOPMEMT 954 971 0030 p.1
LETTER OF
TRANSMITTAL
DEVELOPMENT
CORPORA TION
ICTTY OF BOYNTON BEACH
124 East WoolbrJght Road
Boynton Beach, FL 33425
WE ARE SENDING YOU THE FOLLOWING ITEMS:
1701 N.W, 22nd Court
Pompano Beach, Florida 33069
Phone (954) 971-2288
Fax (954) 971-0030
:)ATE: December 6, 200;3
RE: Broward County Contract
Change Order Plans Shop Drawings _.
Copy of Letter Prints ',Sketches
Estimates Samples Specifications
Other , , Submittals
COPTES DATE NO. i DESC~PT[ON
! !121081°3 i C°ntract Award Letter
THESE ARE TRANSMITTED as checked below:
For approval { Approved as submitted
For your use
As requested
For review and comment
FOR BTDS DUE:
Approved as noted
Returned for con~oc~on$
Other:
Submit __ copies for distdbuUon,.
~Retum_ corrected prints
I Return _ sets for Production
Prints returned after loan to us
REMARKS:
COPY TO: Hark Law/City of Boynton Beach I ! StoNED: Lawrence R. Shortz
Of BOYNTON BEACH', FLORIDA
"' ' ' -' PROCUREMENT sERVICES
100 EAST BOYNTON BEACH BOULEVARD
P.O. BoXC310
' BOYNTON BEACH, FLORIDA 33425-0310
IORDERING DEPARTMENT
BID NO.
EQUISITION NO. Z ad G ':3 ~
~TE WANTED
U 'F [ ';.. r T ~ A D H -:[ N'
CO~T
Fl! 3E DEPA"TMENT { X ')'/.-~f~/
PURCHASING DEPARTMENT
IMPORTANT INSTRUCTIONS
'LOI ~, STATE SALES TAX EXEMPTION
Ct-M [IFICATE NO. 60-04-116451-54C
FHE CITY OF BOYNTON BEACH IS EXEMPT FROM
:EDERAL EXCISE TAXES: WHERE TAX APPLIES
NVOICE MUST SHOW GROSS PRICE, AMOUNT OF
File TAX. NET PRICE. EXEMPTION CERTIFICATE
NILL BE FURNISHED UPON REQUEST.
OUR PURCHASE ORDER NUMBER MUST APPEAR ON
ALL PACKAGES, TICKETS, INVOICES, STATEMENTS,
AND CORRESPONDENCE.
MAIL INVOICES TO:
FINANCE DEPARTMENT
100 F- BOYNTON BEACH BLVD. P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
1. RENDER SEPARATE INVOICE FOR THIS'
ORDER OR FOR EACH SHIPMENT THEREON
IMMEDIATELY FOLLOWING SHIPMENT.
2. PREPAID FREIGHT CHARGEABLE TO
THE CITY OF BOYNTON BEACH MUST BE
SUPPORTED BY CARRIER'S RECEIPT.
3. INVOICES AND STATEMENTS SUBJECT
TO CASH DISCOUNT SPECIFIED HEREON.
DEPARTMENT · -
LETTER OF
TRANSMITTAL
~EVELOPMENT
CORPORA TION
CITY OF BOYNTON BEACH
124 EAST WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33425
17,01 N.w. 22nd Court
Pompano Beach, Florida 33069
Phone (954) 971-2288
Fax (954) 971-0030
Date: OCTOBER 15, 2003
Attn: MR. TONY LOMBARDI
Re: PuMP STATION# 356
WE ARE SENDING YOU THE FOLLOWING ITEMS:
!Change Order Plans Shop Drawings
Contract Prints Sketches
Estimates Samples' Specifications
iOther Photographs X Via: FAX (561)~742-6298
COPIES i DATE NO. { DESCRIPTION
! coPY OF BROWARD COUNTY BID/CONTRACT # P-Y-02-275-BI
I SCOPE OF WORK, PUMP STATION # 356
1 [ I COST ESTIMATE, PUMP ST~A~TION # 356, 2 PAGES
THESE ARE TRANSMITTED as checked below:
For Approval t. ApProVed As Submitted I ' Resubmit~ Copies For ApprOVal
X For Your Use Approved As Noted Submit __' Copies For Distribution
As Requested Returned For CorrectiOns . Return __ Corrected Prints .
For Review And Comment Other: Return Tw° ·Sets FOr ProdUction
FOR BIDs DUE: Prints Returned Atter Loan To Us
VMARKS:
i COPY TO: File
BOYNTON BEACH LIFT STATION # 356
SCOPE OF WORK
1. Install two (2) 110HP Flygt Pumps
2. Connect to existing suction and discharge valves,
fabricate fitting(s) as required.
3. Remove and reconstruct, as required, concrete pump bases.
Furnished by City:
1. Pumps and stands.
'2. Electrical hook-ups.
Furnished by contractor:
1. Fabricated Fittings.
2. Concrete and concrete pumper.
3. Imbedded items.
4. Flanged reducers and isolation couplings.
W. JACKSON & SONS CONSTRUCTION CO:
1888 N.W. 21 st S~treet~ Pompano Beach, Florida 33069- Broward (954) 973-3060/24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679
BOYNTON BEACH LIFT STATION tt 356
Welding Fabrications
Concrete Pumper
Total Subcontract
Subcontract Items
$ 3,3oO.oo
300.00
$ 3,600.00
Materials
Flanged reducers and isolation couplings
Flanges, steel Pipe end bends
Embedded items
Miscellaneous and paint
Total Materials
$ 5;008.00
1,500.00
820.00
2,420.00
$ 9,748.00
W. JACKSON a SONS cONSTRuCTION CO.
1888 N.W. 21st Street, Pompano Beach, Florida 33069 · BroWard (954) 973-3060 / 24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679