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R10-032 II 1 RESOLUTION NO. RI0-032 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REJECTING THE SIX HIGHEST BIDS AND 5 THE LOWEST BID; APPROVING THE AWARD AND 6 EXECUTION BY THE CITY MANAGER AND CITY T CLERK OF A CONTRACT TO WHARTON-SMITH, 8 INC., FOR BID #018-2821-10/JA, FOR "INSTALLATION 9 OF ON-SITE CHLORINE GENERATION EQUIPMENT 10 AT THE EAST WATER TREATMENT PLANT", IN THE 11 AMOUNT OF $1,547,000.00 WITH AN OWNER'S 12 CONTINGENCY OF 10% IN THE AMOUNT OF 13 $154,700.00 FOR A TOTAL BUDGET APPROPRIATION 14 OF $1,701,700.00; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, on December 23,2009, Procurement Services received and opened eight 191 (8) bid proposals in response to #018-2821-1 O/JA for "Installation of On-site Chlorine 20. Generation Equipment at the East Water Treatment Plant"; and 21i WHEREAS, the City's staff reviewed the bid proposals and recommend awarding the 221 contract to Wharton-Smith, Inc., of Sanford, Florida who was the lowest responsive, 231 responsible bidder who met all qualifications; and 241 WHEREAS, the City Commission of the City of Boynton Beach upon 2~ recommendation of staff, deems it to be in the best interest of the citizens of the City of ! i 2~ Boynton Beach to award and authorize execution of a contract with Wharton-Smith, Inc., for , 2 Bid #018-2821-10/JA "Installation of On-site Chlorine Generation Equipment at the East 2 Water Treatment Plant", in the amount of$I,547,000.00 with an owner's contingency of 10% 2 in the amount of$154,700.00 for a total budget appropriation of$I,701,700.00. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: \\apps3\auto\Dala\84\llems\79\ 1 053\587\Reso _ - _ Award_ ContracUo _ Wharton-Smilh_( EWTP), doc II Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 3' hereof. I 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution by the City Manager and City Clerk of 6 a contract with Wharton-Smith, Inc., for Bid #018-2821-1 O/JA "Installation of On-site 7 Chlorine Generation Equipment at the East Water Treatment Plant", in the amount of 8 $1,547,000.00 with an owner's contingency of 10% in the amount of $154,700.00 for a total 9 budget appropriation of $1,701,700.00, a copy of which is attached hereto as Exhibit "A". 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this 16th day of March, 2010. CITY Of BO~~~, FLORIDA "-' ., " , May" or -, JO~. 'ROdrigu~" Z..f . /' .' , ')' ViC:~~~W-HaY . ;j..,-?/{I2~ .' "'" /11 I r - Willi Commissioner - Marlene Ross ;fj 0 ~ Cl:3:;L BID TITLE: EAST WATER TREATMENT PLANT DISINFECTION SYSTEM UPGRADE PROJECT BID NUMBER: 018-2821-10/JA PROJECT NUMBER: WTRl12 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 16th day of March, 2010, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and WHARTON-SMITH. INC. a Florida Corporation Lx-.J Check One a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: EAST WATER TREATMENT PLANT DISINFECTION SYSTEM UPGRADE PROJECT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 23rd day of December, 2009, for the total bid amount of $1.547.000.00; and, WHEREAS, On the 16th day of March, 2010, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 270 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-l Utilities Department Revised 07-] ] -08 1. AGREEMENT 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. 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 and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6 Special Conditions for City Furnished Materials 2.2.7 Terms and Conditions for City Furnished Materials 2.2.8 Construction Contract 2.2.9 Certificate of Insurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications C - 2 Utilities Department Revised 07-] ] -08 2.2.12 Contract Drawings and Plans 2.2.13 Addenda 2.2.14 Written directives or interpretations 2.2.15 Manufacturers warranties 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 Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1. Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1. 7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. C - 3 Utilities Department Revised 07-] ] -08 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, 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 promptly as such section or portion. is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 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 subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 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 within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 270 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work 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 made C-4 Utilities Department Revised 07-] ] -08 in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1.000.00 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 achieve Substantial Completion within 270 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend 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 and save harmless and defend CITY, its agents, C - 5 Utilities Department Revised 07-] ] -08 servants and employees from 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 this original bid, 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 the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction 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 additions and deductions as provided in the Contract Documents. 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. At the City's discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS C-6 Utilities Department Revised 07-] ] -08 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 writing at the time such change is ordered. Changes in the work must be processed as set forth m the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 Change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3 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. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Isabel C. Botero, P .E., Camp Dresser & McKee, Inc. 11.2. The Project Engineer shall observe the work to determine whether the work is in general conformance with the Contract Documents. The Project Engineer does not have any authority to supervise, direct, or control CONTRACTOR, and does not have authority over nor is responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs of CONTRACTOR. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Proj ect Manager who shall make the final decision. C -7 Utilities Department Revised 07-] ] -08 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work 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. REMEDY FOR DELAY 15.1. 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. 15.2. 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. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS C - 8 15.3. 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. 15.4. All requests 'for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. 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. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-9 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 CITY OF BOYNTON BEACH, FLORIDA in the presence of: 1 ~ d~/YJ/,~~e t~~ CIty Manager Attest: ~Yn. p~ CIty Clerk Signed, sealed and witnessed ~ WHARTON-SMITH, INC. in the pres~nce o~: , M Cnr)~~ {. ~ . PresIdent or V Ice PresIdent l\C/1 . bV '\!t' f> ~ l . . 'L\J)'v",-,- .~ iLJ'-'''-f!j " ~"- ...,I.o.~>_ ~ } Attest as to CONTRACTOk ' State of Florida ) ) ss: County of Palm Beach ) On this. ~ day of . \ \ . ' 20 \t:' , personally appeared before La alltho~ to admInIster oaths, . \= Dc"^-.) . \ '\ to be the persons described herein or who has produced as identification and who executed the foregoing instrument and. has acknowledged before me that they have executed same. ~~~~~~ ~ tary .. . :2 -\ -l "- My CommISSIOn Explre~\"UI"" 1 L\ . ~"'~\~t.1ERS~~/I~ ~ ~ tl" ........ 'II ~ ~~ ..~c;.S\ON 4';... ~ ~ ':) /~ ~'i 17, <'0 ~ ... ~ ~ :~~~ /y<.P ~ic~ = ::E ~.. : -c:= :: ., ~ :0: ~ -+c ... '\l\l ~~~ : ~ i ~ A...A :.':-/ "" ~ ''6 . 8cJncleG\\"~. .... ~ ~ ~..~'YPubliC ...~ ~ ~'.9rp;:.....~.~~# 'III/. v'BlIC, S \ ",~ ~""""11"\"~ C - 10 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfJ.us www.boynton-beach.org MEMORANDUM TO: Janet Allen Purchasing FROM: Janet M. Prainito, MMC City Clerk DATE: March 18, 2010 SUBJECT: RI0-032 East Water Treatment Plant Disinfection System Upgrade Project. Attached for your handling is the original agreement mentioned above. Once the document has been executed, please return the original to the City Clerk's Office for further processing. Please contact me if there are any questions. Thank you. !J4tRL Yn. P~fD Attachment (Agreement) C: Central File \ S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 1 OVanet Allen R 1 0-032.doc America's Gateway to the Gulfstream