HomeMy WebLinkAboutDocumentation_Regular_Tab 18_6/13/2024 Agenda Item #18.
Regular Council
STAFF MEMO
Y
Meeting: Regular Council - Jun 13 2024
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of Johnson-Davis, Inc., Piggyback Agreement and a One-Year Renewal on the
Palm Beach County Contract for 2022 Pipeline Continuing Construction Contract, a Proposal and
Purchase Order Request Based on the Piggyback Agreement, to Construct the Final Relocation of
the RO Reject Main Due to the FDOT US1 Jupiter Bridge Reconstruction in the Amount of
$191,499.43, Conditioned on Receiving the Fully Executed One-Year Renewal Agreement from PBC
The Village of Tequesta Utilities Department (UD) recommends approval, conditioned on receipt of
the fully executed amendment/ one-year extension to PBCWUD Project No. 22-032 from Palm Beach
County (PBC) of the following items:
• A piggyback agreement with Johnson-Davis, Inc., on PBC contract "2022 Pipeline Continuing
Construction Contract (PBCWUD Project No. 22-032)"
• A contract amendment to the agreement, extending the contract for an additional year
• A proposal from Johnson-Davis, Inc., for permanent relocation of our RO concentrate pipe,
based on the pricing in the piggybacked contract
• Issuance of a purchase order for the pipe relocation work in the amount of$191,499.43
Time is of the essence for the permanent relocation of our concentrate pipe so it does not delay the
FDOT's US1 Bridge project, which could result in liquidated damages and/ or delayed reopening of
the bridge.
If approved, the Village would accept all terms, conditions, and pricing in PBC's contract with
Johnson-Davis, Inc. The original one-year contract expired on May 15, 2024.The fully executed one-
year renewal was approved by the PBC Commission on May 14, 2024, and will expire on May 14,
2025, but it is not yet available despite multiple contacts with PBC. However, attached to this agenda
item is an email with a representative from the Palm Beach County Utilities Department and the
Procurement Department confirming the agenda item was approved.
The proposal under consideration concerns the final relocation of the water treatment plant's reverse
osmosis (RO) concentration reject pipe, which is required due to the Florida Department of
Transportation's (FDOT) US1 Jupiter Bascule Bridge reconstruction project. The timing of the final
relocation of the pipe is based on FDOT's schedule. A temporary relocation of the pipe was
constructed in 2022.
The piggyback contract will also be used for other as-needed underground utility construction to
support water utility services provided by the water treatment plant (Production division) and Water
Distribution and Stormwater division. The scope of this piggyback agreement includes a broad range
Page 260 of 344
Agenda Item #18.
of underground construction services, including pipeline installation, pipeline abandonment, valve
installation, hydrant installation, service line installation, restoration, etc.
Piggybacking PBC's contract leverages the pricing secured by a large utility through the competitively
bid and awarded contract.
Attached to this agenda item are the following documents:
• VOT agreement with Johnson-Davis, Inc., piggybacking the PBC contract
• Bid documents and original agreement between Johnson-Davis, Inc., and PBC
• Amendment to the agreement: one-year renewal agreement between Johnson-Davis, Inc., and
PBC
• Email including PBC's Utilities department and PBC's Procurement department, demonstrating
that the amendment/ one-year renewal was passed by PBC's Commission
• Johnson-Davis, Inc., proposal for permanent relocation of our reverse osmosis pipe due to the
FDOT US1 Bascule Bridge Reconstruction project, based on the piggybacked contract
Funds for the services provided under this agreement are typically allocated annually as
follows in the General Ledger (G/L) categories of the budget:
Beget Department 411 - Renewal & Replacement - Operating Expenditures/ Expense
401-411-549.671 — Misc. Renewal & Replacement— FY24 budget = $800,443
401-411-663.600 — Improvements Other Than Bldgs. — FY24 budget = $1,860,000
Budget Department 243- Water Distribution Division
401-243-546.342 - Water System Maintenance — FY24 budget = $66,600
Budget Department 242 —Water Treatment Division
401-242-546.342 — Water System Maintenance — FY24 budget =$95,000
Funds for the specific proposal under consideration for $191,499.43, the concentrate reject
pipe relocation, will be taken from:
Budget Department 411 - Renewal & Replacement - Operating Expenditures/ Expense
401-411-663.600 — Improvements Other Than Bldgs. — FY24 budget = $1,860,000
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$1,860,000 $1,771,760.00 $1911499.43
FUNDING SOURCES: For reject pipe: 400- IS THIS A PIGGYBACK:
411-663.600; for future projects, see staff memo 0 Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
0 Yes ❑ N/A
Page 261 of 344
Agenda Item #18.
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Piggyback on Palm Beach County Project No. 22-
032
Tequesta - JD Piggyback Agreement for Pipeline Construction Services
Amendment No.1 2022 Pipeline Cont. Construction Contract 2024-05-14
24.0603.EMAIL-22-032; Pipeline CC with JD; Amendment 1
24.0502.VOT - 12 inch Reject Main Proposal - Johnson-Davis - Rev 1
Page 262 of 344
Agenda Item #18.
VILLAGE OF TEQUESTA
AGREEMENT FOR PIPELINE CONSTRUCTION SERVICES
THIS AGREEMENT for pipeline construction services is entered into and
effective this day of 120241 by and between the VILLAGE OF TEQUESTA, a
Florida municipal corporation with offices located at 345 Tequesta Drive,Tequesta,Florida 33469,
organized and existing in accordance with the laws of the State of Florida, hereinafter "the
Village"; and Johnson — Davis Incorporated, a Florida corporation, with offices located at 604
Hillbrath Drive,Lantana,FL 33462,hereinafter"the Contractor",and collectively with the Village,
"the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide pipeline construction services as needed by the Village. The
Parties agree to enter into this Agreement and piggyback for the pipeline construction services at
the unit prices described in the Palm Beach County 2022 Pipeline Continuing Construction
Contract awarded through Palm Beach County PBCWUD Project No. 22-032. Said contract,
including its terms, conditions, specifications, bidders response, and attached
exhibits/amendments, are hereby fully incorporated into this Agreement with the agreement itself
attached hereto as Exhibit "A".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided under Exhibit "A". The Parties hereby agree to the
Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the
Palm Beach County 2022 Pipeline Continuing Construction Contract, as referenced under Exhibit
"A". In consideration for the above Scope of Services and pursuant to any Exhibits, if applicable,
the Village shall pay the Contractor at the unit prices as described in Exhibit "A". The goods or
services shall be delivered on a per-order basis via purchase or work order in a time, manner, and
location acceptable to the Village the "Performance Date."
3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. If conditions
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Agenda Item #18.
change that would require an increase in price, scope, or time for performance Seller must notify
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date"Change Order Deadline". Change orders
submitted after the change order deadline will not be considered. Seller shall not proceed with any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications, deny the change
order, re-advertise and re-solicit providers for the required goods or services or terminate this
contract. If the Village elects to re-advertise and re-solicit the need for goods or services the Village
will have 30 days "Solicitation Period" in which to accept the contemplated change order or
terminate this contract.At any time after execution of this Agreement but prior to Seller's delivery
of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or
remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods,the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
4. TERM; TERMINATION; NOTICE: Pursuant to the Palm Beach County 2022
Pipeline Continuing Construction Contract, the original contract term expired on May 16th 2024.
With (2) two optional 12 month renewals. Palm Beach County renewed the contract through the
Amendment No. 1 to the 2022 Pipeline Continuing Construction Contract, extending the term until
May 14, 2025. This Agreement may be terminated by either party upon 30 days written notice to
the other party. Notice shall be considered sufficient when sent by certified mail or hand-delivered
to the Parties during regular business hours at the following addresses:
Village Contractor
Village of Tequesta Johnson-Davis INC.
345 Tequesta Drive 604 Hillbrath Drive
Tequesta, FL 33469-0273 Lantana, FL 33462
Attn: Utilities Department
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Agenda Item #18.
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name
the Village as an"additional insured" on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village,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, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 2 8 7.13 2-13 3,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes.
8. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: Pursuant to Sections 2-421 2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts, and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
investigations.All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
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Agenda Item #18.
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2) verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit
stating that the sub-consultant does not employ, contract with,or subcontract with an Unauthorized
Alien, as that term is defined in Section 448.095(1)(k),Florida Statutes, as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
11. SCRUTINIZED COMPANIES: For Contracts under $lM, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
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Agenda Item #18.
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725,Florida Statutes. Additionally, the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes.
12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
13. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes.
A Contractor who fails to provide the public records to the Village, or fails to make them available
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Agenda Item #18.
for inspection or copying, within a reasonable time may be subject to attorneys fees and costs
pursuant to Section 119.0701,Florida Statutes, and other penalties under Section 119.10,Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
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 AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliams(&,tequesta.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
18. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
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Page 268 of 344
Agenda Item #18.
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
20. ENTIRE AGREEMENT: This eight-page Agreement, including any Exhibits,
constitutes the entire agreement between the parties; no modification shall be made to this
Agreement unless such modification is in writing, agreed to by both parties and attached hereto as
an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 7 of 8
Page 269 of 344
Agenda Item #18.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: Johnson — Davis INC.,,
oeo
JOP
40
r.
(Corporate Sear ,}
4 M
i
s
# # ryc
i
VILLAGE OF TEQUESTA
".+
y: Molly Young, Mayor
ATTEST.
(Seal)
Lori McWilliams,, MC
Village Clerk
Ise 8 of Page 270 of 344
Agenda Item #18. Agenda Item#3K-1
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 14, 2024 Consent,[X] Regular �]
Public Hearing [�
Department: Water Utilities Department
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve: Amendment No. 1 to the 2022
Pipeline Continuing Construction Contracts (Contracts) with A) Johnson-Davis Incorporated
(Johnson-Davis) and B} Hinterland Group Inc. (Hinterland) providing for the renewal of the
Contract for a one(1)year term.
Summary: On May 16, 2023, the Board of County Commissioners approved the Pala Beach
County Water Utilities Department (PBCWUD) Contracts with Johnson-Davis (R2023-0875)
and Hinterland (R2023-0076). The Contracts provide the necessary services to expedite utility
special assessment projects and other pipeline improvement projects throughout PBCWUD`s
service area where timing is critical. The Contracts were approved with a not to exceed
amount of $28,440,000 for Johnson-Davis and $33,760,413 for Hinterland. The unit prices
contained in the Contracts will be used to determine the amount of each work Order. The
Contracts do not guarantee or authorize the contractors to perform any work. Amendment No.
1 to the Contracts provides for the first of the two one 1) year renewal options, Amendment
No. 1 renews the Contracts for a one-year term and does not involve any cost increase to the
Contracts amount.
This Contracts were procured under the requirements of the Equal Business Opportunity
Ordinance. On September 7, 2022, the Goal Setting Committee applied an Affirmative
Procurement Initiative (API) of a minimum mandatory 20% Small Business Enterprise (SBE)
subcontracting participation of which 5% shall be among certified African American and/or
Hispanic American owned firms. Johnson-Davis and Hinterland have met the established API.
Johnson--Davis' Contract provides for 20.83% SBE participation, which includes 5.52% IVIBE
participation, 5.38% GIBE (H) and 0.13% MBE (B). Hinterland's Contract provides for 20.96%
SBE participation, which includes 5.85% MBE participation, 5.85% MBE (H). Johnson-Davis
and Hinterland are Pala Beach County based companies. The Contracts are included in the
PBCWUD FY24 budget. (PBCWUD Project No. 22-032) Countywide(MWJ)
Background and Justification: PBCWUD performs maintenance, repair, and construction
activities on the water, wastewater and, reclaimed water pipelines throughout its PBCWUD
service area. The Contracts will reduce the time needed to undertake the installation of
infrastructure necessary to complete required utility repairs and improvements. The
rehabilitation of the existing pipelines will improve the service level; extend the reliability and
operability of PBCIIUD's pipelines while reducing the operations and maintenance workload.
Attachments:
1. Two(2)Originals of Amendment No. I for Johnson-Davis Incorporated
2. Two (2) Originals of Amendment No. 1 for Hinterland Group Inc.
3. Location Map
4. Ebix Compliance Summary Report for Johnson-Danis Incorporated
5. Ebix Compliance Summary Report for Hinterland Group Inc.
LA.-
Recommended BY:Y
Departmenk Director Date
Approved By: log '{ •
Assists Administrator Date
Page 271 of 344
Agenda Item #18.
11. FISCAL. IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2024 2025 2026 2027 2028
Capital Expenditures 0 0 0 0 0
External Revenues 0 0 0 0 0
Program Income (County) 0 0 0 0 0
In-Kind Match County 0 0 0 0 0
NET FISCAL IMPACT 0 0 0 0 0
#ADDITIONAL FTE
POSITIONS (Cumulative) 0 0 0 0 0
Budget Account No.: Fund 4011 Dept. 721 Unit Various Object Various
Is Item Included in Current Budget? Yes X No
Does this item include the use of federal funds? Yes No X
Is this item using State Funds? Yes No X
Reporting Category NIA
B. Recommended Sources of Funds/Summary of Fiscal Impact:
(*) The proposed renewal has no fiscal impact.
Amounts are not encumbered until Work Orders are issued.
C. Department Fiscal Review:,�7
Ill. REVIEW COMMENTS
A. OFMB Fiscal and/or Contract Development and Control Comments:
A!;It /��
4 j
q1toC�
OFMB eontract Dev&opment and Co troy
B. Legal Sufficiency:
- Z
------- f
Assistan uty>Porn dy
C. Other Department Review:
Department Director
This summary is not to be used as a basis for payment.
Page 272 of 344
Agenda Item #18.
AMENDMENT NO. 'I TO THE 2022 PIPELINE
CONTINUING CONSTRUCTION CONTRACT
PBCI UD PROJECT NO. 22-032
WITH JOHNSON—DAMS INCORPORATED
This Amendment No. 1 dated M&J IL1.1024 to the 2022 Pipeline Continuing
a I......................I-
Construction Contract--PBCI UD Project No. 22-032 (R2023-0675) ("Contract") dated May 15,
2023 by and between Palm Beach County, a political subdivision of the State of Florida, by and
through its Board of County Commissioners,hereinafter referred to as the COUNTY,and Johnson
--Danis Incorporated,a corporation authorized to do business in the State of Florida, hereinafter
referred to as the CONTRACTOR whose Federal I.D.is 59-1763888.
1ITN ESS ETH
WHEREAS, the parties have entered into the Contract under which the CONTRACTOR
provided certain construction services to the COUNTY for various pipeline projects in accordance
with the Contract;and
WHEREAS,the parties hereto desire to renew the Contract for an additional one(1)year
period; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter set forth and for such other good and valuable consideration,the receipt of which the
parties hereto expressly acknowledge,the parties covenant and agree to the following terms and
conditions:
1. Pursuant to the Supplemental General Conditions of the Contract, the
terra of this Contract is renewed for one(1) additional year from May 15,
2024 to May 14, 2025, with one (1) additional year renewal option
remaining.
2. The period of service shall continue until completion of all outstanding
Work orders issued within the period of this Contract, unless otherwise
terminated as provided herein.
3. The Contract cumulative amount not to exceed of$28,440,000.00 is not
being increased.
Page 273 of 344
Agenda Item 18• Except as specifically modified above the terms and p p Y conditions of the
Contract as amended by this Amendment No. 1, are hereby confirmed
and remain in full force and effect.
THE DEBT OF THIS PAGE INTENTIONALLY LEFT BLAND
2
Page 274 of 344
Agenda l�RTVIVPSS WHEREOF,the Board of Count Commissioners of Palm Beach County,
y,
Florida has made and executed this Amendment No.1 on behalf of the COUNTY and CONTRACTOR
has hereunto set its hand the day and year above written.
ATTEST: PALM BEACH COUNTY, FLORIDA
JOSEPH ABRUZZO,CLERK OF BOARD OF COUNTY COMMISSIONERS
THE CIRCUIT COURT AND
COMPTROLLER, PALM BEACH
COUNTY
By:
Deputy Clerk Maria Sachs, Mayor
APPROVED AS TO FORM AND LEGAL APPROVED AS TO TERMS AND
SUFFICIENCY CONDITIONS
12
. f SS 21Z`F ^� f �•
ey Ali ayat, P.E., PMP, Director
Water Utilities Department
`CONTRACTOR'
By: Johnson-Davis Incorporated
4; Florida
a corporation
(witness signature) (insis r state o�corporation)
Patricia Bastidas --
Y
(witness name printed) (sicmatory)
F
William Cryer
"witness signaturey (print signatory's name)
Larisa Ditu Pelkey By: Vice President
(witness name printed) (print title)
March18 ,2024
( ( 'orate Seal) (date of execution)
Q.y ifs •:/
604 Hllbrath Drive
(Contractor's Official Address)
• r;.�.• r.01 ..
Lantana, FL 33462
(Contractor's City, State,Zip Code)
3
Page 275 of 344
Agenda Item #18.
From: Patricia Bastidas
To: Jennifer Todd
Cc: Marjorie Craig;Clark Cryer;Larisa Ditu
Subject: [EXTERNAL]Fw:22-032;Pipeline CC with JD;Amendment 1
Date: Monday,June 3,2024 9:43:09 AM
Attachments: imageWlxng
Outlook-la5mjizr.png
***EXTERNAL EMAIL WARNING***
BEWARE OF LINKS OR ATTACHMENTS
***TRUST NOBODY***
Good morning Jennifer:
Per your request,following please find my correspondence with Henry Melendez last Friday. Please let me know if I may be
of further assistance. Have a nice day and a great week.
Respectfully,
Patricia
Patricia E.Bastidas
Management Assistant
w
J�D
JOHNSON-DAVIS,INC.
"Construct with Confidence"
604 HILLBRATH DRIVE
LANTANA,FL 33462
OFFICE: 561-588-1170
E-MAIL: pbastidaskjohnsondavis.com
From:Henry Melendez<hmelendez@pbcwater.com>
Sent:Friday, May 31,2024 2:26 PM
To:Patricia Bastidas<pbastidas@johnsondavis.com>
Subject:FW:22-032; Pipeline CC with JD;Amendment 1
See below.
Thank you,
From:Maritza Navarro<MNavarro@pbcwater.com>
Sent:Friday, May 31,2024 1:50 PM
To:Henry Melendez<hmelendez@pbcwater.com>
Cc:Ralph Estime<DEstime@pbcwater.com>;ccryer@johnsondavis.com
Subject:RE:22-032;Pipeline CC with JD;Amendment 1
Henry;
am in the process of scanning and providing Johnson-Davis with the executed Amendment No. 1. Said document will be forward to
Johnson-Davis sometime next week via US mail.
Page 276 of 344
Agenda Item #18.
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Contract Management Specialist
Palm Beach County Water Utilities Department
Engineering Division
8100 Forest Hill Boulevard
West Palm Beach, Florida 33413
(561)493-6082—Office
(561)493-6085- Fax
From:Henry Melendez<hmelendezPpbcwater.com>
Sent:Friday, May 31,2024 1:16 PM
To:ccryerPjohnsondavis.com
Cc:Maritza Navarro<MNavarro(@pbcwater.com>;Ralph Estime<DEstimePpbcwater.com>
Subject:22-032;Pipeline CC with JD;Amendment 1
Clark,the Amendment 1 to the Pipeline CC(22-032)was approved by the BCC on 5/14/24,see below.
We have not received the signed document from downtown but attached is the agenda item that I pulled out from the BCC website.
Maritza,did you received the BCC approved document?If,so,please send a copy to Clark,from JD.
Thank you,
Page 277 of 344
Agenda Item #18.
MAY 14,2024
3. C0NSE NT AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends motion to approve: Amendment No. 1 to the 2022 Pipeline
Continuing Construction Contracts(Contracts)with:
A) Johnson-Davis Incorporated (Johnson-Davis); and
B) Hinterland Group Inc.(Hinterland)providing for the ren ewa I of the Contract for a one
(1)year term.
S U M MARY:0 n May 16,202 3,the Boa rd of C o u nty C om m I s s i o ners approved the Palm
Beach County Water Utilities Department (P B CVV U D)Contracts with John on-Davis
(R2023-0675) and Hinterland (R2023-0676). The Contracts provide the necessary
services to expedite utility special assessment projects arid other pipeline improvement
projects th ro ug Fro gat P BCWU D's s ervice a rea where timi ng is crib ca I-The Contracts were
approved with a not to exceed amount. of $28,440,000 for Johnson-Davis and
$33,760:413 for H ire tech nd. The unit prices contained in the Contracts will be used to
d e term 1 no the a m a u nt of each W o rk Order.The C o n tra cts do ri of gu a ran tee or authorize
the contractors to perform any work.Amendment No. 1 to the Contracts provides for the
f i rst of the two on e(1)yea r ren ewa I opho ns.Ame nd m en t N o. 1 re news the Con tracts fo r
a on e-yea r to rm an d does not i nvo Ive a ny cost in crease to th e Con tracts a m 0 urn t.Th e se
Contracts were pro-cured under the requirements of the Equal Business Opportunity
0 rd i na ri ce,0 n So pte m ber 7,2022,the Goal Setting C om m ttee applied erg Affi rM a tive
Procurement Initiative(API)of a minimum mandatory 20%Small Business Enterprise
(SSE) subcontracting participation of which 5% shall be among cer-tified African
American andlor Hispanic American owned firms.Johnson-Davis and Hinterland have
met the established API. Johnson—Davis' Contract provides for 20.83% SBE
participation,which includes 5-52%Minority Business Enterprise (MBE)participation.
5.38%MBE(H)and 0.13%M BE(B). Hinterland's Contract provides for 20-96%SBE
participation,which includes 5.8.5%MBE participation,5-85%M13E(H).Johnson-Davis
and Hinterland are Palm Beach County based companies.The Contracts are included
in the PBCWUD FY24 budget. (PBCWUD Project No., 22-032)Countywide (MWJ)
40
Henry Melendez,P.E.
Project Manager,WUD
561493-6120
Page 278 of 344
Agenda Item #18.
Under Florida law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this
entity.Instead,contact this office by phone or in writing.
Page 279 of 344
Agenda Item #18.
Village of Tequesta - 12" Reject Main Relcation - Phase 2
PROPOSAL UTILIZING -SCHEDULE OF BID PRICES
Johnson-Davis Inc. PBCWUD Project No.: 22-032
Project Name: 2022 Pipeline Continuing Construction Contract
BID ITEM BID ITEM(Furnish and Install with Appurtenances) UNIT QUANTITY UNIT PRICES TOTAL
NO.
39 12"HDPE Directional Drill Water Main/Reclaimed Water LF 260 $ 130-00 $ 39,000,00
Ua'iniWastewater Force Alain
48 12"DIP.)PVC x HDPE Adapter EA 2 2,400-00 $ 4,800-00
234 4"to 12"Diameter Gonnection tc)Existing Water Vailnr'Reclaimecl EA 1 $ 8,000-00 8,000-00
Water Main or Force Main(Joint Restraint for pip
e'pe to be
existing
included)
263 Record Draining LF 280 $ 3-00 840.00
2 64 Construction Survey LF 280 $ 3-00 840.00
265 Preconstruction Videe Taping LF 280 $ 2-50 700.00
270 Density Tests EA 15 $ 75-00 1,125-00
271 Proqotor Tests EA 2 $ 125-00 $ 250-00
L L I
(A)SUBTOTAL BASE BID(Bid Items 1-333) $ 55,555.00
334 Additional Work not included in Bid Items(See 334 Items Attached) LS 1 $ 134,000.00 $ 134,000.00
335 Mobilization(2.5%of Subtotal Bid Price(B) L 1 2.5% 1,389.88
336 Demobilization(1%Qf Subtotal Bid Price(B) L 1 1% 555.55
(B)SUBTOTAL AD D IT 10 NAL WORT B I D PENCE(did Items 334-336) 1.35,94-4,4.3
TOTAL BID PRICE(A+) $ 191,499.43
TOTAL BID IN WORDS INCLUDING DOLLARS AND CENT .On Hundred Ninety-One Thousand Four Hundred Ninety-aline Dollars and forty-three cents.
Notes-,
No restoration other than backfill included.
Theo costs of disposal of existing ou tfa I I pipe a n d d fiffuser included ire proposal
Permits are excluded from proposal,
Bond premium is not included-J-D Bond rate is 1.5%.
30"Concrete Pile wasn't available.Quote InrJudes 24"Concrete Pile.
Page 280 of 344
Agenda Item #18.
334-1 Turbidity Barrier LE 500 $ 25.00 $ 12500.00
334-2 Remove Existing Outfall Pipe & Diffuser LSU 1 $ 35,000.00 $ 35)000.00
Diffuser with 20' - 6" HDPE DIPS on 2411
334-3 Concrete Pile LSU 1 $ 55,000.00 $ 55)000.00
334-4 12" 316 SS Butterfly Valve LSU 1 $ 25,000.00 $ 25,000.00_
334-5 Permanent Sample Point I EA 1 1 1 $ 6,500.001 $ 6,500.001
Subtotal $ 134,000.00
Page 281 of 344