HomeMy WebLinkAboutResolution_26-98/99_04/08/1999 RESOLUTION NO. 26 -98/99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
THE BID AWARD FOR WELL REHABILITATION FOR A 16
MONTH CONTRACT (JUNE 1, 1999 THROUGH SEPTEMBER 30,
2000), TO AQUIFER MAINTENANCE AND PERFORMANCE
SYSTEM (AMPS) OF DAVIE, FLORIDA, IN THE AMOUNT OF
$89,450, WITH FUNDS FOR FY 1998/1999 BEING
APPROPRIATED FROM THE WATER ENTERPRISE FUND, HAVING
A FY 1998/1999 BUDGET ALLOCATION OF $40,000, AND
SUBJECT TO FUNDS BEING APPROPRIATED AND APPROVED BY
THE VILLAGE COUNCIL FOR FY 1999/2000, 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 Well Rehabilitation with Aquifer
Maintenance & Performance Systems (AMPS), of Davie, Florida
in the Amount of $89,450, Attached Hereto as Exhibit " A " and
• Incorporated by Reference as Part of this Resolution is
Hereby Approved Subject to Funds Being Appropriated and
Approved by the Village Council for FY 1999/2000, and the
Village Manager is Authorized to Execute the Applicable
Contract on Behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Hansen
who moved its adoption. The motion was seconded
by Councilmember Capretta and upon being put to a vote,
the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
Carl C. Hansen
BcnZ Mqrkaij
• Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this 8th day of April, A.D., 1999.
ATTEST: MAYOR OF TEQUESTA
Joann ManganiEalO
Village Clerk
\WP80 \MyFiles \Resolution Well
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EXHIBIT "A"
CONSTRUCTION AGREEMENT
THIS AGREEMENT, made this 4 - Z&& day of 1999,
between VILLAGE OF TEQUESTA, a Political'Subdivision of the
State of Florida, hereinafter called the "VILLAGE" and
AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. (AMPS),
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: Well Rehabilitation - Annual Contract
The Project, for which the Work under the Contract Documents
may be the whole or only a part, is generally described as
follows: Well Rehabilitation - Annual Contract
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
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
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Article 3. CONTRACT TIME.
3.1.a. The entire project (Annual Contract) will be
for a period of twelve (12) months from the date when
the contract time commences to run as provided in
paragraph 2.3 of the General Conditions. For each
individual well to be rehabilitated, a separate Notice
to Proceed (written authorization from the
Village /Engineer) will be issued.
3.1.b. The individual well rehabilitation work
will be substantially completed within 5 days from
the'date when a Notice to Proceed is issued as
provided in paragraph 2.3 of the General
Conditions, and completed and ready for final
payment in accordance with paragraph 14.13 of the
General Conditions within 9 days from the Notice
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to Proceed date for the individual well.
• 3.2. Liquidated Damages. VILLAGE and CONTRACTOR
recognize that time is of the essence of this
Agreement and that VILLAGE will suffer financial
loss if the Work is not completed within the times
specified in paragraph 3.1.b above, plus any
extensions thereof allowed in accordance with
Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties
involved in proving, in a legal or arbitration
proceeding, the 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 One Hundred dollars ($100.00) for each day
that expires after the time specified in paragraph
3.1.b for Substantial Completion until the Work is
substantially complete. After Substantial
Completion if CONTRACTOR shall neglect, refuse or
fail to complete the remaining Work within the
Contract Time or any proper extension thereof
granted by VILLAGE, CONTRACTOR shall pay VILLAGE
Fifty dollars ($50.00) for each day that expires
after the time specified in paragraph 3.1.b 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. For FY 1998/1999 the budget
allocation is $40,000. Expenditures for FY
1999/2000 are subject to funds being appropriated
and approvedby the Village Council.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1. Progress Payments. VILLAGE shall make
progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for ;
Payment as recommended by ENGINEER, on or about
the 15th day of each month during construction as
provided below. All progress payments will be on .
the basis of the progress of the Work measured by
the schedule of values established in paragraph
• 2.9 of the General Conditions or, in the event
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there is no schedule of values, as provided in the
. General Requirements.
5.1.1. Prior to Substantial Completion, progress
payments will be made in an amount equal to the
percentage indicated below, but, in each case,,
less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or
VILLAGE may withhold, in accordance with paragraph
14.7 of the General Conditions.
90% of materials and equipment not incorporated in the
Work (but delivered, suitably stored and accompanied by
documentation satisfactory to VILLAGE as provided in
paragraph 14.2 of the General Conditions).
5.1.2. Upon Substantial Completion, in an amount
sufficient to increase total payments to
CONTRACTOR to 90$ of the Contract Price, less such
amounts as ENGINEER shall determine, or VILLAGE
may withhold, in accordance with paragraph 14.7 of
the General Conditions.
5.2. Final Payment. Upon final completion and
acceptance of the Work in accordance with
paragraph_14.13of° the General Conditions, VILLAGE
• shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said
paragraph 14.13.
Article 6. INTEREST (NOT APPLICABLE)
Article 7. CONTRACTOR'S REPRESENTATIONS
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 the Addenda listed in
paragraph 8) and the other related data identified in
the Bidding Documents including " technical data ".
7.2. CONTRACTOR has visited the site and 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 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
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conditions in or relating to existing surface or
subsurface structures at or contiguous to the site
• (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided
in paragraph 4.2.1 of the General Conditions.
CONTRACTOR accepts the determination set forth in
paragraph SC -4.2 of the Supplementary Conditions of the
extent of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled
to rely as provided in paragraph 4.2 of the General
Conditions. CONTRACTOR acknowledges that such reports
and drawings are not Contract Documents and may not be
complete for CONTRACTOR's purposes. 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, explorations, tests, studies and data
with the Contract Documents.
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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
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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 7, inclusive).
8.2. Performance, Payment and other Bonds. N/A
8.3 Notice to Proceed. N/A
8.4. Exhibits to this Agreement. A, B, and C
8.5. General Conditions (pages 1 to
42,inclusive).
8.6. Supplementary Conditions (pages SGC -1 to
SGC- 10,inclusive).
8.7. Specifications bearing the title Village of
Tequesta Well Rehabilitation - Annual Contract
consisting of 2 technical divisions and 16 pages,
and three (3) exhibits as listed in table of
contents thereof.
8.8. Addendum numbers 1 and 2 (bound in back of
contract).
8.09. CONTRACTOR's Bid'(pages P -1 to P -23, inclusive).
8.10. 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 pursuant to paragraphs 3.5 and 3.6
of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above
are attached to this Agreement (except as expressly
noted otherwise above).
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 paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in
Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any.rights
under interests in the Contract Documents will be
binding on another party hereto without the written
consent of the party sought to be bound; and
specifically but without limitation moneys that may
become due and moneys that are due may not be assigned
without such consent (except to the extent that the
effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any
written consent to an assignment no assignment will
release or discharge the assignor from any duty or
responsibility under the Contract Documents.
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
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IN WITNESS WHEREOF, the VILLAGE has hereunto subscribed and
the CONTRACTOR has affixed his, its their names, or name,
and seal the date aforesaid.
This Agreement will be effective on ai ,
19 99 .
OWNER: CONTRACTOR:
Village of Tequesta Aquifer Maintenance
Performance Systems, Inc.
(AMPS)
By- By
Thomas G. Bradford awes Murray
Village Manager esident
[CORPORATE S ]
Attest Attest
Address for giving notices: Address f ing notices:
P.O. Box 3273 3540'SW 46th Avenue
Tequesta, FL 33469 -0273 Davie, FL 33314
(407)575 -6200 (954)792 -5572
License No. 11080
(I CONTRACTOR is rpora-
ti attach evide f
au ority to sign.)
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Mar -25 -99 02:45P Riaese,Macon&As sac
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addendum No. 1 Xarcb 25, 1999
ViIJAGS OF TSQUBSTa
Well Rehabilitation - Annual Contract
This document forms a part of the contract documents and
modifies the original plans and specifications dated March 1999
as noted below. Acknowledge receipt of this Addendum in the
space provided on the bid form. Failure to do so may subject the
bidder to disqualificat.on.
1. YUstlNgtions to sidders - Paragraph 1.22 TBE PROJECT:
Delete in its entirety and INSERT the following;
1.22 THE PROJECT: This project will consist of
the rehabilitation of the Village's surficial
wells as required. The project (contract) " Wi11
expire in September 2000. The Village offers no
guarantee as to the number of wells which will be
rehabilitated during this time 'frame. All work
authorize& will be it writing' Irom the ,
i Village /Engineer in accordance with the work
outlined within the specifications.
2, aar nt t- Article 3, Contr*ct ,Time, ` 6aragraph 3.1.a.
Qelet'e the first sentence g'T" 'the toilowi ng;'
The project is estimated to be for a period of
sixteen,(16)months from the date when the contract
time commencies to run as provided in paragraph ''2 .3
o� the General Conditions.
This Addendum consists of 1 page.
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M ar -26 -99 01:37P RQtes�,Macon &Assoc _ P_U1
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Addendum No. 2 March 26, 1999
VILL Wz OF TSQMTA
We11 aohabilitatioa - Annual contract
This document forms a part of the contract documents and
modifies the original plans and specifications dated March 1999
as noted below. Acknowledge receipt of this Addendum in the
space provided on the bid form. Failure to do so may subject the
bidder to dxsgualificatian,
1. Buy glstare3tary neral Cond _
Article 5,
Bonds and Insurance, 5.1 Performance and other bonds;
g in its entirety and INSERT
',the following;
Payment and performance Bonds are not required for
this project.
This Adddenduw 'consists :of 1 page.
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