2009-42 Lighthouse Drive Bridge RepairsRESOLUTION 2009-42
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA REJECTING ALL BIDS RECEIVED IN
RESPONSE TO THE INVITATION TO BID FOR REPAIR OF THE APPROACH
SLABS TO THE LIGHTHOUSE DRIVE BRIDGE AND APPROVING A
PIGGYBACK CONTRACT AWARD TO C.E.M ENTERPRISES, INC. FOR
REPAIRS TO THE APPROACH SLABS UTILIZING AN ALTERNATE METHOD;
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN
AGREEMENT WITH C.E.M. ENTERPRISES, INC.; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 3, 2009, the Village advertised an Invitation to Bid for repairs to the
approach slabs for the Lighthouse Drive bridge; and
WHEREAS, the Village received eleven sealed bids in response to the Invitation to Bid; and
WHEREAS, because the bids were substantially higher than anticipated and exceeded the funds
available for the repairs, the Village Engineer developed an alternate and less costly method for
repairing the approach slabs; and
WHEREAS, the Village solicited a proposal from the contractor who had previously performed
repairs on the Lighthouse Drive bridge for this alternate method of repair based on pricing
established by an existing contract between the contractor and the Florida Department of
Transportation; and
WHEREAS, Village Administration recommends rejecting all bids received pursuant to the
Invitation to Bid and awarding a piggyback contract to C.E.M. Enterprises, Inc. in an amount not
to exceed $74,260; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section2. The Village Council hereby rejects all bids received pursuant to the Invitation to
Bid for the Lighthouse Drive Bridge Repair and approves a Contract for alternate bridge repair
services to C.E.M. Enterprises, Inc. by piggybacking an existing contract between C.E.M.
Enterprises, Inc. and the Florida Department of Transportation. A copy of the Contract is
• attached hereto and incorporated herein by reference.
Page 1 of 2
Section 3. The cost ofthis contract shall not exceed $74,260 and shall be funded utilizing budgeted
• monies from Account # A7321-66210 (Street Maintenance -Construction & Major Renovation).
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 9th DAY OF JULY, 2009.
(Village Seal)
ATTEST:
~~ - __--
VILLAGE CLERK
•
Page 2 of 2
CONTRACT FOR BRIDGE REPAIR
This Contract is made as of this _~L S~ day of (~ / , 2009, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, FL 33408,
a Florida municipal corporation ("VILLAGE"), and C.E.M. ENTERPRISES, INC., a Florida
corporation ("CONTRACTOR"), whose Federal LD. is 59-1836740.
RECITALS
WHEREAS, the VILLAGE wishes to effectuate repairs to the Lighthouse Bridge by injecting
grout under the approach slabs to address the existing voids; and
WHEREAS, the Village seeks to contract for such services by piggybacking the terms and
pricing set forth in a Contract dated September 11, 2008 between the Florida Department of
Transportation and the CONTRACTOR (Contract No. E1G69) ("FDOT Contract"); and
WHEREAS, the CONTRACTOR provided a proposal utilizing the pricing established by the
FDOT Contract, and the VILLAGE wishes to accept this proposal in accordance with the terms
and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. FDOT Contract Documents. The terms of FDOT Contract, including the conditions and
specifications referenced therein, are expressly made part of this Contract as if fully set forth
herein. A copy of the FDOT Contract is attached hereto as Exhibit "A."
3. Scope of Work. The Scope of Work shall consist of the following documents, which are
attached hereto as Composite Exhibit "B" and incorporated herein by reference:
a. General Requirements (Parts 1 through 3 and consisting of 5 pages)
b. Scope of Work for Lighthouse Bridge Repair (consisting of one page); and
c. Bridge Plan (Approach Slab Repair) (prepared by Bridge Design Associates, Inc.
and consisting of one page).
4. CONTRACTOR's Proposal. Pursuant to the pricing established by the FDOT Contract,
CONTRACTOR shall provide all services as decribed in the Scope of Work as stated in its
Proposal to the VILLAGE, a copy of which is attached hereto as Exhibit "C." The services to be
provided by CONTRACTOR shall be commenced subsequent to the execution and approval of
this Contract by the VILLAGE and upon written notice from the VILLAGE to proceed.
5. Time for Performance. CONTRACTOR shall coordinate the performance of all services
set forth in the Proposal and otherwise required by the Scope of Work no later than five (5) days
after the issuance of the Notice to Proceed.
6. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
a. This Contract
b. Exhibit "B" (Scope of Work)
c. Exhibit "C" (CONTRACTOR's Proposal)
d. Exhibit "A" (FDOT Contract)
7. Compensation to CONTRACTOR. Payments by the VILLAGE to the CONTRACTOR
under this Contract shall not exceed $74,260.00, the amount of compensation stated in the
CONTRACTOR's proposal. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE's representative, indicating that goods and services have been
provided and rendered in conformity with this Contract and then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative's approval. CONTRACTOR waives consequential or incidental
damages for claims, disputes or other matters in question arising out of or relating to this
Contract. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state "final invoice" on the CONTRACTOR'S final/last billing to the VILLAGE. This
certifies that all goods and services have been properly performed and all charges have been
invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by the CONTRACTOR. The
VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days
after the provision of all goods and services.
8. Insurance and Bonds. CONTRACTOR shall obtain and maintain during the term of this
Contract all insurance required under the FDOT Contract, with the VILLAGE named as an
additional insured. Worker's Compensation insurance shall be provided as required by Florida
law. ,
f `~l.i-v~ir~'iv VIII T~l~~ ne raniiiroa 1. `.... y'Ln.'T r...~`. `. ~~
..j
9. Warranty/Guaranty. CONTRACTOR warrants that its services provided under this
Contract will be free of defects in materials and workmanship for a period of one (1) year
following completion of those services, and provides such other warranties as set forth in the
FDOT Contract.
10. Termination. This Contract may be cancelled by the CONTRACTOR upon five (5) days
prior written notice to the VILLAGE'S representative in the event of substantial failure by the
VILLAGE to perform in accordance with the terms of this Contract through no fault of the
CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or
without cause, upon five (5) days written notice to the CONTRACTOR. Unless the
CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work
rendered to the VILLAGE'S satisfaction through the date of termination. After receipt of a
Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR
shall:
a. Stop work on the date and to the extent specified;
b. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
c. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE; and
d. Continue and complete all parts of the work that have not been terminated.
11. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. The persons executing this Contract on behalf of VILLAGE and CONTRACTOR
affirmatively represent that they have the requisite authority to legally bind such party.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
C.E.M. ENTERPRISES, INC.
By:
Print Name: ~~~ ~j-a,~S~ci~f„sc~
Position: ~;~, ~;~~~-
BY: ~
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
LEONARD G. RUBIN
VILLAGE ATTORNEY