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HomeMy WebLinkAboutResolution_43-98/99_06/10/1999 • RESOLUTION NO. 43 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE BID AWARD FOR THE REVERSE OSMOSIS TREATMENT PLANT LANDSCAPING IRRIGATION SYSTEM TO FLORIDA DESIGN CONTRACTORS, INC. OF LAKE PARK, FLORIDA, IN THE AMOUNT OF $19,890, WITH FUNDS BEING APPROPRIATED FROM THE WATER REVENUE BONDS, SERIES 1998, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract for the Reverse Osmosis Treatment Plant Landscaping Irrigation System with Florida Design • Contractors, Inc. of Lake Park, Florida, in the Amount of $19,890, Attached Hereto as Exhibit "A" and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager is Authorized to Execute the Applicable Contract on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Basil E. Dalack Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer I The Mayor thereupon declared the Resolution duly passed and adopted this 22nd day of July, A.D., 1999. MAYOR OF TEQUESTA ATTEST: Ron T. Mackail ir�C.t oann Manganidilo Village Clerk WP80 \MyFiles \Resolutions \43 -98 -99 • EXHIBIT "A" AGREEMENT THIS AGREEMENT, made this / day of , 1999, between VILLAGE OF TEQUESTA, a Political ubdivisiono the_State of Florida, hereinafter called the "VILLAGE" and r1 (C , hereinafter called "CONTRACTOR ". VILLAGE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The complete installation of an irrigation system. The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: IRRIGATION SYSTEM Article 2. ENGINEER. The Project has been designed by: Reese, Macon and Associates, Inc. • 6415 Lake Worth Road, Suite 307 Lake Worth, FL 33463 who is hereinafter called ENGINEER and who is to act as VILLAGE's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1.a. The entire project will be completed within thirty (30) days from the date when the contract time commences to run as provided in paragraph 4 of the General Conditions, and completed and ready for final payment within forty five (45) days from the date when the contract time commences to run. The Owner reserves the right to cancel the contract at any time during the contract with ten (10) days written notice to the Contractor. 3.2. Liquidated Damages. VILLAGE and CONTRACTOR recognize that time is of the essence of this Agreement and that VILLAGE will suffer financial loss or penalties if the Work is not completed within the times specified in paragraph 3.1.a above. They also recognize • the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the A -1 99 -106. irr actual loss suffered by VILLAGE if the Work is not • completed on time. Accordingly, instead of requiring such proof, VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay VILLAGE Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1.a 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 granted by Owner, Contractor shall pay Owner One Hundred Fifty ($150.00) for each day that expires after the time specified in paragraph 3.1a for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. VILLAGE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as outlined within the Bid Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for • Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. VILLAGE shall make progress payments on account of the Contract Price for monthly work performed on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 days of receipt of an invoice during the project duration as provided below. All progress payments will be on the basis of the progress of the Work measured by the work performed for that month. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or VILLAGE may withhold. 100% of work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to VILLAGE). Article 6. INTEREST (NOT APPLICABLE) • Article 7. CONTRACTOR'S REPRESENTATIONS A -2 99 -106. irr • In order to induce VILLAGE to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including Addenda) and the other related data identified in the Bidding Documents including "technical data ". 7.2. CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities). CONTRACTOR acknowledges that VILLAGE and ENGINEER do not assume responsibility for the accuracy or • completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by VILLAGE and others at the site that relates to the Work as indicted in the Contract Documents. 7.6. CONTRACTOR has correlated the information know to CONTRACTOR, information and observations from visits to the • site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, A -3 99 -106. irr explorations, tests, studies and data with the Contract • Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between VILLAGE and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6, inclusive). 8.2. General Conditions (pages 1 to 6, inclusive). 8.3. Specifications bearing the title Village of Tequesta, R.O. Water Treatment Plant Irrigation System Improvements. 8.4. Addendum - Numbers to , inclusive. 8.5. CONTRACTOR's Bid Quotation (pages BQ -1 to BQ -3, inclusive). 8.6. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 9.2. 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 A -4 99 -106. irr 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. 9.3. VILLAGE and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS • • A -5 99 -106 . irr • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement,. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 1999. OWNER: CONTRACTOR Village of Tequesta By e - ......... By Thomas G. Bradford/ Village Manager t [CORPORATE SEAL]* Attest Attest . 0- 01 4 6 Address for giving notices: Address or giving notices: P.O. Box 3273 Tequesta, FL 33469 -0273 (561)575 -6200 * If Contractor is a corporation, attach evidence of Authority to sign. • A -6 99 -106. irr ATTACHMENT VILLAGE OF TEQUESTA MIBIT"'A" R.O. WATER TREATMENT PLANT EXPANSION IRRIGATION SYSTEM IMPROVEMENTS BID QUOTATION OF: Name: FLOlZt '6A N-BcG4- Address: /LCIJJZ Telephone No.: 1 —(94.8 599Z- to provide complete guidelines and perform all work in accordance with the specifications and contract documents attached hereto for the: Village of Tequesta P. O. Box 3273 Tequesta, FL 33469 -0273 Gentlemen: The undersigned Bidder has carefully examined the plans; specifications, contract documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment and labor required. The undersigned agrees to do all work called for by said specifications and contract documents, in the manner prescribed therein and to the standards of quality established by same at a cost to the Village of Tequesta equal to the total amounts indicated below: • A. IRRIGATION SYSTEM Unit Cost Es.t. Cost 1. Toro - 570 -15 -F 1 ea._ o?D " X20 2. Toro- 570 -15 -TQ 1 ea. 0�0�0 3. Toro - 570 -15 -TT 1 ea 4. a) Toro- 570 -15 -H 36 ea.� , 5. a) Toro- 570 -15 -Q 7 ea. au' �'70 6. a) Toro - 570 -12 -H 10 ea. 7. a) Toro - 570 -12 -Q 4 ea. 8 0 8. Toro- 570 -10 -H 18 ea. _ Jto - 9. a) Toro - 570 -10 -Q 3 ea. (00 6�0 10. Toro- S70 -10 -TQ 1 ea. CCo ^ � 11. Toro- 570 -8H 3 ea. -- 60 12. Toro - 570 -4 -SST 2 ea. - 40 13. Toro -570 -4 -EST 4 ea. 8 n -- • p 14. a) Toro - 5600 -5.0 15 ea. 600 BQ -1 15. Toro - 5600 -2.5 1 ea. 40- � 16. Toro- 5600 -1.3 5 ea. 4flQ a0a • 17. Toro- 570 -FB -100 13 ea. 18. Toro - 5770- FB2000 15 ea.� _ Z 0 6 19. Hardie 700 -2" Electrical Valve 6 ea. 410 C) 20. 2 Back Flow Preventer 1 ea. W OO 21. 2 11 Gate Valve 1 ea. 22. Risers 31 ea. 93 " 23. 1 PVC Pipe 900 Ft. 24.' 1 -1/4 PVC Pipe 860 Ft. $ [I-jb 25. 1 -1/2" PVC Pipe 650 Ft. 26. 2 PVC Pipe 450 Ft. aUo 900 27. 2 -1/2" PVC Pipe 190 Ft. d 28. 3" PVC Pipe 375 Ft. 50 4 37.50 29. Connection to Potable Lump Sum � � 5 0 /0yq 6D System `t 30. System Controller 1 ea. (00b -- . SUBTOTAL, ITEM A (IRRIGATION SYSTEM) $ Ili1?5 -- Price includes hand digging of all trenching, excavation and backfilling. B. WELL (IRR - 1) 1. For providing all equipment, material and labor necessary to drill, construct and develop one (1) irrigation well and perform all site cleanup /restoration. Included in the unit price is: Drilled 10 inch diameter hole to a depth of 65H below land surface, 55 Ft. of 4 -inch Schd. 80 PVC casing, 10 ft. of 4 inch Schd. 80 PVC screen, complete gravel pack from 42 ft. BLS to 65 ft. BLS, fill sand from 39 ft. BLS to 42 ft. BLS, grout from surface to 39 ft. BLS, 8 hours of development time, 2 hours of pump tests, well head completion, and all other necessary incidentals. Unit Price Per Well (Sub -Total B.) . . . . . . . . $ /well Adjustments • BQ -2 ATTACHMENT 1 1.1 For drilling more or less than 65 ft. of 10 inch diameter bore hole. • Per Foot Price of . . . . . . . . $ /0 /ft. 1,2 For furnishing and installing more or less than 55 ft. of 4 -inch SCHO. 40 Galvanized Pipe Per Foot Price of . . . . . . . . . . . . . . $ 7• 7v f t . 1.3 For and installing more or less than 10 ft. of 4 -inch PVC Screen. Per foot price of . . . . . . . . . . . . . . $ ( 000 /ft. 1.4 For more or less than 8 hours of development _ time. Per hour price of . . . . . . . . . . . . $ ft. 1.5 For more or less than 2 hcurs of pump testing Per hour price of . . . . . . . . . . . . $ / ft . C. well Equipment 1. For providing all equipment, material and labor necessary to equip the irrigation well in accorda ice with these speciEicatici.. . Included in the lump sum price is: Submersible pump /motor, 2 -inch Sched. 40 galvanized column pipe, wellhead fabrication, calvanized pipe and fittings above grade, ARV, valves val tie -in to irrigation system, all electrical upgrades /components /panels and connections /testing, concrete (3 ft. x 3 ft., min) • wellhead slab at grade, testing and instruction, and all other incidental items required for a complete operational sys *em. (Refer to Exhibit A) Lump Sum Price, Well Equipment (Subtotal Item C.). $ 7D 5 3 D. 1) Deduct for no Performance Bond 2) Deduct for no Payment road $ ) E. Total (Items A, B, & C) . . . . . . . . . . . . . $ lqyqo _ F. Total (Items A, B, C, & D) . . . . . . . . . .. . $ g go Note; Incidentals such as grading, tools, fittings, control wiring, adhesive cement, electrical equipment, etc., to be included in the price of the related item. The undersicned also agrees as follows: 1. To perform additional services and provide necessary equipment, facilities, and materials for work not covared by the, above Bid Quotations, which may be authorized by the village and to accept as full compensation, therefore, such prices as may be agreed upon in BQ -3 writing by the Village and the Contractor in accordance with Item 14, in General Conditions, (Claims for Extra Cost). • 2. To commence work no later than August 1, 1999 or within five (5) days after the date of written Notice to Proceed, to substantially complete the entire Work within thirty (30) consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract, and to achieve Final Completion of the Work by no later than fifteen (15) days after the actual date of substantial completion. Accompanying this proposal is a certified check or a Bid Bond in the amount of $ J ?c 4 bid grr10 4 not less than three percent ( 3 0 ) of the base bid), made payable to the Village of Tequesta,. which is to be forfeited 'as liquidated damages, if, in the •event this proposal is accepted, the undersigned- shall fail to execute the contract 'and furnish satisfactory contract bond under the conditions and within the time specified in the proposal; otherwise said certified or cashier's check or Bid Bond is to be returned to the undersigned. Dated this day of 1999. CONTRACTOR: /v� i �� bJ� C�!'1 C n- (S � ADDRESS: P P eke_ K F BY: u it Pr2S C.l cn+— - CORPORATE SEAL - . BQ -4 • B. Proposed Subcontractors: //�� 1. Name: WO �,�'��� U,crdff� Address: gj 3G Phone No. Responsibility: 2. Name. Address: Phone No. Responsibility: . QB -2 r. IFoms (2) Bids. 6.16.99 QUALIFICATIONS OF BIDDERS • A. Three (3) references for similar irrigation system improvements projects (completed or current) performed by Bidder. / 1. Name of Firm, Cit County or Agency: pti�►� �e�(r�r� ASzoc_ Address: �prj�LrQi1, (,S - 1 f Telephone No. Contract: Title: A �u •,SlPS/t �� 7 Summary of Services Performed: Contract Dates: From. 1999 To: 200' 2. Name of Firm, City, County or Agency: IVUn jLfn� N���se�c 0/0 In0 /V003 f +4s Address: C'zI (,(/Q( Telephone No. W . AW VY) Contract: M- �4a r2SC44(:k - Title: ' &OIf. VQ ICJ zS I(�- e£a • Summary of Services Performed: t� l�T I�J �� � r�'� c� �f'r' �-�• o Contract Dates: From 1999 To: 200 3. Name of Firm, City, County or Agency: ��e5(f" fi , Address: �0.� WOOL Telephone No. Ll33 � Title: Contract: J. C' ! a, �7 � "- ►'nC�C-c),� 0 Orl r Summary of Services Performed: Contract Dates: From 1999 To: 200_ 10 QB -1 United States Fidelity and Guaranty Company Baltimore, tilaryiand Y U S F A Stock Company I I S U 9 1 1 C E • Bid Bond Bond Number ........................ Know All Men By These Present= That ... FLORIDA .DESIGN CONJR.QXQTZS.,.. L ................. .................... . ........... ........................... *..................... of 1326 S, , KILLIAN P.R..,. TAKE PW,..FI ....................................................... as Principal, and United States Fidelity and Guaranty Campamr, a Maryland corporation, as Surety, are held and firmly bound unto VILLAGE OF TEQUESTA ....................................................................... ............................... as Obligee, in the full and just sum of ... 3% OF TTlIIE AMOUNT BID .......... ............................................................... ............................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, exe=crs, adminis,:atcrs, successors, and assigns, jointfy and severally, firmly by these presents. Whereas the said Principal is herewith submitting its prcposai RO WATER TREATMENT PLANT IRRIGATION SYSTEM IMPROVEMENTS The Candhion Of This Obligation is such that if the aforesaid Principal shall be awarded ttte ccrhtract the said Frincipai will, within the time rewired, enter into a formal contract and give a good and sufficient bond to secure the perfcrmanca of the terms and conditions of the contract, then this obligation to be void: otherwise the Principal and Surety will pay unto the Obligee the difference in money ber seen the amount of the bid of the said Principal and the amount for which the Cbiigee legally contra= with another pert' to pertirm dte work if the latter amount be in a=ass of the former, but in no evert shall liability hereunder exceed the penal sum hereof. Signed, sealed and d6vered Y.14, 1999 (Catel FLORIDA DESIGN CONTRACTORS INC. ......... �. ............ ............................... ..... .. 6 ......... csaau HrrM s-.X,cZ FnE.'rrAxn GUARANTY =MPA:n . .. EN H. FRENCH, aromey- rr ac & FLA. RESIDENT AGENT 7he.%pdul POWER OF ATTORNEY Seaboard Surety Company , United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20138 Certificate No. '- - e KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Benjamin H. French of the City of Ocala State Florida their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed this 18th day of March 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company * o �. •...9 - h t tn4`p j Cp NCON�1Ei �• O PV09gt F ni V ,W p e 1927 � m — �° Ntonpp�iFU MICHAEL B. KEEGAN, Vice President 19� m a z :SEALio1 \ 58RL s °i T951 a �oF r�w' ro ``:; ✓ 'i" AN +a'�f \r' . ?e � -:}y State. of Maryland City of Baltimore MICHAEL R. MCKIBBEN, Assistant Secretary On this 18th day of March 1999 before me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the.Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, st =Paul Merc Iry Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty ,Insurance Underwriters, Inc. and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the Baines of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. � `` ,V Vrn y a Ain.- o