R24-030 1 RESOLUTION NO. R24-030
2 .
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD OF BID NO. PWSW24-010, "METAL CONTAINERS
5 AND ROLL-OFFS" TO IRON CONTAINER, LLC, AND AUTHORIZE THE
6 CITY MANAGER TO SIGN A TWO (2) YEAR AGREEMENT WITH IRON
7 CONTAINER, LLC, OF MIAMI, FL, NOT TO EXCEED THE AMOUNT OF
8 $150,000.00 PER YEAR;AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, on November 15, 2023, the Bid for Metal Containers and Roll-Offs was
11 advertised to invite Bidders to provide pricing for multiple sizes of metal containers, lids, and
12 roll-offs; and
13 WHEREAS, on December 7, 2023, Procurement Services received only one (1) bid in
14 response to this Invitation to Bid, which was reviewed by Purchasing Services to ensure the
15 proposal met the Bid Requirements; and
16 WHEREAS, the purpose of this Bid is to establish firm fixed prices for the purchase of
17 metal containers, lids, and roll-offs to be used throughout the City of Boynton Beach for
18 commercial and/or multi-residential accounts for the purpose of refuse collection; and
19 WHEREAS, Iron Container, LLC, has been the vendor for these products for the City of
20 Boynton Beach since October 17, 2018; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation
22 of staff, deems it in the best interest of the citizens of the City of Boynton Beach to approve
23 the award of Bid No. PWSW24-010, "Metal Containers and Roll-Offs" to Iron Container, LLC,
24 and authorize the City Manager to sign a two (2) year Agreement with Iron Container, LLC, of
25 Miami, FL, not to exceed the amount of$150,000.00 per year.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
27 OF BOYNTON BEACH, FLORIDA, THAT:
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28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption.
31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
32 approves the award of Bid No. PWSW24-010, "Metal Containers and Roll-Offs" to Iron
33 Container, LLC, and authorizes the City Manager to sign a two (2) year Agreement with Iron
34 Container, LLC, of Miami, FL, not to exceed the amount of$150,000.00 per year. A copy of the
35 Agreement is attached hereto and incorporated herein as Exhibit "A."
36 Section 3. This Resolution shall become effective immediately.
37 PASSED AND ADOPTED this 6th day of February 2024.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40
41 Mayor—Ty Penserga
42
43 Vice Mayor - Thomas Turkin
44
45 Commissioner—Angela Cruz
46
47 Commissioner—Woodrow L. Hay
48 /
49 Commissioner—Aimee,Kelley ✓
50 VOTE
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND IRON CONTAINER, LLC.
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Iron Container, LLC. a Foreign
Limited Liability Company authorized to do business in the State of Florida, with a business address of
8505 NW 74th Street, Miami, FL 33166, hereinafter referred to as the `VENDOR." In consideration of the
mutual benefits,terms, and conditions hereinafter specified the Parties agree as set forth below.
1. PROJECT DESIGNATION.The VENDOR is retained by the CITY to provide the services,work and all
labor, parts, and materials related as described in the PWSW24-010—Metal Containers and Roll-offs.
2. SCOPE OF SERVICES. VENDOR agrees to provide metal containers and roll-offs as described in Bid
No.: PWSW24-010— Metal Containers and Roll-offs which is incorporated and attached as Exhibit A
("Bid").
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
products required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on
February 6, 2024, and shall remain in effect through February 5, 2026, unless otherwise terminated
in accordance with this Agreement("Initial Term").The CITY reserves the right to renew the agreement
for three(3)additional one-year renewals subject to vendor acceptance,satisfactory performance as
determined by the CITY, and determination by the CITY that renewal will be in the best interest of the
CITY("Renewal").Such Renewals are only effective and valid if in writing and executed by each parties'
authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the
'Term."
Price increase will be subject to the CITY's approval at one (1) year renewals. Any requested price
adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar
days prior to the respective term anniversary date. Price adjustment for any additional one-year term
will be subject to City's Commission approval.The price increase percentage change shall not exceed
the previous one(1)-year's percentage change of the Consumer Price Index for All Urban Consumers
(CPI-U) published by the U.S. Department of Labor's Bureau of Labor Statistics.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
A. Payment for the Work provided by VENDOR shall be made promptly on all invoices submitted to
the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total
contracted price without express written modification of the Agreement signed by the CITY
Manager or designee as approved by the City Commission as required.
B. The VENDOR may submit invoices to the CITY once per month during the progress of the Work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
C. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in
accordance with this Agreement.
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-1
D. Payment as provided in this section by the CITY shall be full compensation for Work performed,
including services rendered and all materials, supplies, equipment and incidentals necessary to
complete the Work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
F. All payments shall be governed by the Local Government Prompt Payment Act,as set forth in Part
VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the VENDOR in connection with the services rendered under this Agreement
shall be the property of the CITY whether the project for which they are made is executed or not. The
VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with VENDOR's endeavors.
7. COMPLIANCE WITH LAWS. VENDOR shall,in performing the Work contemplated by this Agreement,
faithfully observe and comply with all federal,state of Florida and CITY of Boynton Beach, ordinances
and regulations that are applicable to the Work rendered under this Agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys'fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs,judgments, and attorneys'fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect,or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE.
A. During the performance of the Work under this Agreement, VENDOR shall maintain the following
insurance policies, and provide originals or certified copies of all policies to CITY's Risk
Management. All polices shall be written by an insurance company authorized to do business in
Florida.VENDOR shall be required to obtain all applicable insurance coverage,as indicated below,
prior to commencing any Work pursuant to this Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-2
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 12, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury/and
$1,000.000 per occurrence/aggregate for property damage.The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30)days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability(Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must follow form of the General Liability,Auto Liability and Employer's Liability.
This coverage shall be maintained for a period of no less than the later of three (3)years
after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers,officials,employees or volunteers.A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or cancelled by either party, reduced in coverage in limits except after thirty(30) calendar
days prior written notice by either certified mail, return receipt requested, has been given to the
CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Risk Management. The CITY reserves the right to review,
modify, reject, or accept any required policies of insurance, including limits, coverage, or
endorsements throughout the Term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement.The CITY shall not
be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the VENDOR any fee, commission,
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-3
percentage,brokerage fee,gifts,or any other consideration contingent upon or resulting from the award
or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to
annul this Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee,gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement,will not discriminate on the grounds of race, color, national origin, religion, creed,age,sex
or the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement
without the express written consent of the CITY.
14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
A. Termination for Convenience.This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) calendar days of written notice by the terminating party to the other party for
such termination in which event the VENDOR shall be paid its compensation for Work performed
to the termination date, including Work reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause,should VENDOR neglect or fail to perform or observe
any of the terms,provisions,conditions,or requirements herein contained, if such neglect or failure
shall continue for a period of thirty(30)calendar days after receipt by VENDOR of written notice of
such neglect or failure.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
17. NOTICE.All notices required in this Contract shall be sent by certified mail, return receipt requested,
and if sent to CITY shall be mailed to:
Daniel Dugger, City Manager
City of Boynton Beach
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561)742-6000
Copy to:
Shawna G. Lamb, City Attorney
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561)742-6000,
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-4
Notices to VENDOR shall be sent to the following address:
Iron Container, LLC.
Julian Charles
8505 NW 7th Street
Miami, FL 33166
18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda,
represents the entire and integrated agreement between the CITY and the VENDOR and supersedes
all prior negotiations, representations,or agreements written or oral.This Agreement may be amended
only by written instrument signed by both CITY and VENDOR.
19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public
agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public
Records Law. Specifically,the VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the Work;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidentialand exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY;and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR's possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk(a�bbfl.us
20.SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not
participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-5
VENDOR been engaged in business operations in Syria.Subject to limited exceptions provided in state
law, the CITY will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of contract. The
CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false
certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term,VENDOR shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's
determination of false certification was made in error then the CITY shall have the right to terminate the
contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time
to time.
21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section.VENDOR
certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as
may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor"means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor,supplies,or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary,wages, or other remuneration.
iii. "E-Verify system"means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
• ii. All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to
perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting that
the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.
The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure
to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the
statute, the subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than twenty(20)calendar days after the
date of termination.Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a violation of the statute
by the Contractor,the Contractor may not be awarded a public contract for a period of one(1)
year after the date of termination.
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-6
22. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN
GOVERNMENT CONTRACTING. VENDORS are hereby notified of the provisions of section
287.05701, Florida Statutes, as amended,that the CITY will not request documentation of or consider
a VENDOR's social, political,or ideological interests when determining if the VENDOR is a responsible
VENDOR. VENDORS are further notified that the CITY's governing body may not give preference to
a VENDOR based on the VENDOR's social, political, or ideological interests.
23. MISCELLANEOUS.
A. '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 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.
B. CITY and VENDOR each binds itself,their partners,successors,assigns and legal representatives
to the other party hereto, their partners, successors, assigns and legal representatives in respect
of all covenants, agreements and obligations contained in the Contract Documents.
C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and court costs, except as otherwise provided under the indemnification
provisions set forth herein above.
D. Prior to final payment of the amount due under the terms of this Agreement,to the extent permitted
by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all
suppliers and subcontractors whom worked on the project that is the subject of this Agreement.
Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY
from all claims of liability by VENDOR in connection with this Agreement.
E. At all times during the performance of this Agreement,VENDOR shall protect CITY's property from
all damage whatsoever on account of the work being carried on under this Agreement.
F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances,
rules, orders, regulations and requirements of all local, city, state, and federal agencies as
applicable.
G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is intended by the parties hereto to be final expression of this Agreement, and it
constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations,statements, or agreements to the contrary heretofore made.
In the event of a conflict between this Agreement,the solicitation and the VENDOR's bid proposal,
this Agreement shall govern then the solicitation, and then the bid proposal.
H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand
or electronically in multiple originals or counterparts, each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding,valid and effective upon delivery of the executed
documents to the other party through facsimile transmission, email, or other electronic delivery.
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-7
24. DEFAULT OF CONTRACT&REMEDIES.
A. Correction of Work. If, in the judgment of CITY,Work provided by VENDOR does not conform to
the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance
without additional cost to CITY, and/or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and
the quality of workmanship.
B. Default of Contract.The occurrence of any one or more of the following events shall constitute a
default and breach of this Agreement by VENDOR:
I. The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
III. The failure by VENDOR to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by VENDOR, where
such failure shall continue for a period of seven(7)days after written notice thereof
by CITY to VENDOR; provided, however, that if the nature of VENDOR's default
is such that more than seven (7) days are reasonably required for its cure, then
VENDOR shall not be deemed to be in default if VENDOR commences such cure
within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
IV. The assignment and/or transfer of this Agreement or execution or attachment
thereon by VENDOR or any other party in a manner not expressly permitted
hereunder.
V. The making by VENDOR of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against VENDOR of a petition to have
VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy(unless, in the case of a petition filed against
VENDOR, the same is dismissed within sixty (60) calendar days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where
possession is not restored to VENDOR within thirty (30) calendar days; for
attachment, execution or other judicial seizure of substantially all of VENDOR 's
assets, or for VENDOR 's interest in this Agreement, where such seizure is not
discharged within thirty(30)calendar days.
C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the
Performance Bond. If the abandonment,delay,refusal,failure,neglect or default is not cured within
seven (7) business days of when notice was sent by CITY, CITY may declare a default of the
Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The
Surety on the Performance Bond shall within ten (10)business days of such declaration of default,
rectify or cause to be rectified any mismanagement or breach of service in the Agreement and
assume the Work of VENDOR and proceed to perform Work under the Agreement,at its own cost
and expense.
i. Upon such declaration of default,all payments remaining due VENDOR at the time
of default, less all sums due CITY for damages suffered, or expenses incurred by
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-8
reason of default,shall be due and payable to Surety. Thereafter the Surety shall
receive monthly payments equal to those that would have been paid by the
VENDOR had the VENDOR continued to perform the services under the
Agreement.
ii. CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to VENDOR and/or the Surety together with the costs
incident thereto to such default.
iii. In the event CITY completes the Agreement at a lesser cost than would have been
payable to VENDOR under this Agreement, if the same had been fulfilled by
VENDOR, CITY shall retain such differences. Should such cost to CITY be
greater,VENDOR shall pay the amount of such excess to the CITY.
iv. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time,whenever the service provided by VENDOR
fails to meet reasonable standards of the trade after CITY gives written notice to
the VENDOR of the deficiencies as set forth in the written notice within fourteen
(14)calendar days of the receipt by VENDOR of such notice from CITY.
25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity
by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of
sovereign immunity or under Section 768.28, Florida Statutes.
SIGNATURE PAGE FOLLOWS
Bid No.PWSW24-010—Metal Containers and Roll-Offs C-9
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set
forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiple copies,each of
which shall be considered an original on the following dates:
DATED this W day of r--. --b--CLI,C1-(1 , 2024.
CITY OF BOYNTON BEACH IRON CONTAINER, LLC.
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Daniel Dugger,C' anager (Signature Company.
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Print Name of Authorized Official
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Shawna G. Lamb, City Attorney
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Bid No.PWSW24-010—Metal Containers and Roll-Offs
EXHIBIT A
BID No.: PWSW24-010
Invitation to Bid for
Metal Containers and Roll-Offs
C-11
Bid No.PWSW24-010—Metal Containers and Roll-Offs
INVITATION TO BID,
FOR
METAL CONTAINERS AND_
ROLL=OFFS
BID No.: PWSW24-010
ONLINE SUBMISSION ONLY
Boynton-beach.bidsandtenders.net
BID CLOSING DATE: DECEMBER 7, 2023
BID CLOSING TIME: 2:30 P. M.
THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS AS
FOLLOWS:
NOVEMBER-27, 2023, NO LATER THAN 2:30 P.M
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TABLE OF CONTENTS
PAGE#
Notice to Bidders 1 -2
Instructions to Bidders 3-4
Scope of Work 5-7
Standard Terms and General Conditions for Bidders 8- 19
Special Conditions 20-21
Bidders Submission Requirements 22
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Bid Form 24-25
Bid Bond 26-29
Bidder's Qualifications Statement 30-33
Anti-Kickback Affidavit 34
Non-Collusion Affidavit 35-36
Certification Pursuant to Florida Statute§287.135 37-38
Warranties
E-Verify Form 39-40
Bid Proposal 41 -42
DRAFT AGREEMENT:
Draft Agreement 43-53
Insurance Advisor Form 54
When completed and executed,these documents,along with the Plans and Specifications,collectively with
applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor,
forms the Contract for this Project.
Bid No.PWSW24-010—Metal Containers and Roll-Offs TOC
The City of Boynton Beach
G\TY Ocoi\a
c Finance/Procurement Services
4 100 E.Ocean Avenue
r Boynton Beach,FL 33435
03 1 MEM
L\.;—.— P.O.Box 310
2
oV Boynton Beach,Florida 33425-0310
1-.." —Ili - -,,F" Telephone:(561)742-6323
-1-O N FAX:(561)742-6316
INVITATION TO BID
METAL CONTAINERS AND ROLL-OFFS
BID No. PWSW24-010
NOTICE TO BIDDERS
Electronic bids shall be received by the bidding system until December 7,2023, No Later Than 2:30 P.M.
(Local Time).
All BIDs received will be publicly opened and acknowledged receipt. Bids received after the assigned date
and time are not permitted by the bidding system. For the above reasons, it is recommended that bidders
allow sufficient time to complete your online Submission and to resolve any issues that may arise.
ATTENTION,ALL INTERESTED RESPONDENTS:
To obtain documents online, please visit Bovnton-beach.bidsandtenders.net. Documents are not provided
in any other manner.
SCOPE OF SERVICES:
The City of Boynton Beach is to establish firm prices for the purchase of metal containers, lids,and roll-offs
to be used throughout the City of Boynton Beach for commercial and/or multi-residential accounts for the
purpose of refuse collection.
The scope of work is more clearly defined in the Contract Document, Standard Terms, and General
Conditions,which are hereby not listed in any order of precedence.
NO BID CONFERENCE or SITE INSPECTION is scheduled.
At the time of the bid opening,each bidder shall be presumed to have read and be thoroughly familiar with the
contract documents (including all addenda). The failure or omission of any bidder to examine any form,
instrument,or document shall in no way relieve any bidder from any obligation with respect to this bid.
No bids may be withdrawn for a period of ninety(90)calendar days after the Bid opening.
ATTENTION ALL INTERESTED BIDDERS:
All Bidders are required to submit a five percent(5%)Bid Bond with the Bid Form,or the Bid shall be rejected
as non-responsive.
No bids may be withdrawn for a period of ninety(90)days after the Bid opening. Bids must be accompanied
by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and
executed by a surety company of recognized standing, authorized to do business in the State of Florida, and
having a Registered Agent in Florida.The bid bond amount shall be 5%of the bid price and shall constitute a
Bid No.PWSW24-010—Metal Containers and Roll-Offs 1
guarantee that the CONTRACTOR, if awarded the contract, will enter into a written contract with the.City to
perform this work pursuant to the bid.
LOBBYING/CONE OF SILENCE:
Consistent with the requirements of Chapter 2,Article VIII, Lobbyist Registration, of the Palm,Beach County
Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon
each competitive solicitation as of the deadline to submit the proposal,_bid,or other response and shall remain
in effect until the City Commission awards or approves a contract, rejects all bids or responses or otherwise
takes action that ends the solicitation process.While the cone of silence is in effect, no proposer or its agent
shall directly or indirectly communicate with any member of the City Commission or their staff,the Manager,or
any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a
particular contract or member of the Selection Committee in reference to the solicitation,with the exception of
the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.)Failure
to abide by this provision may serve as grounds for disqualification for award of contract to the proposer.
Further,any contract entered into in violation of the cone of silence shall render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid
conferences,oral presentations before Selection Committees,contract negotiations during any public meeting,
presentations made to the City Commission,and protest hearings. Further,the cone of silence shall not apply
to contract negotiations between any employee and the intended awardee, any dispute resolution process
following the filing of a protest between the person filing the protest and any employee, or any written
correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone
of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold
set forth in the Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to section 119.07, Florida Statutes, sealed Bids, Proposal or Responses received by the City in
response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure
requirements until the City provides a notice of decision or thirty(30) calendar days after the opening of
the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue
the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time
as the City provides notice of a decision or intended decision concerning the competitive solicitation or until
the City withdraws the reissued competitive solicitation.A Bid, Proposal, Response,or reply is not exempt
for longer than twelve(12)months after the initial City notice rejecting all Bids, Proposals, or replies.
Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the"Submit a Question"button for this specific Solicitation.
CITY OF BOYNTON BEACH
Bid No.PWSW24-010—Metal Containers and Roll-Offs 2
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METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
INSTRUCTIONS TO BIDDERS
1. The City of Boynton Beach utilizes an electronic online bidding system service for notification and
distribution of its solicitation documents; please visit Boynton-beach.bidsandtenders.net.
2. ELECTRONIC PROPOSAL SUBMISSIONS ONLY shall be received by the City's e-Procurement
Bidding System. Hardcopy submissions are not permitted.
3. Electronic Request for Qualification/Request for Proposal/Invitation for Bid Proposals for this
solicitation shall be received by the City's e-Procurement bidding system no later than December
7,2023, No Later Than 2:30 PM (Local Time).
4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the
proposer to have their Request for Qualification/Request for Proposal/Invitation for Bid submittal
submitted online.
5. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a
box for each addenda and any applicable attachment.
6. It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers
should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and
up until the Bid closing time and date in the event additional addenda are issued.
7. To obtain documents online, please visit Bovnton-beach.bidsandtenders.net.You may preview the
solicitation documents with a Preview Watermark prior to registering for the opportunity.Documents
are not provided in any other manner.
8. Proposers are cautioned that the timing of their Submittal Submission is based on when the
Submittal is RECEIVED by the Bidding System,not when a Submittal is submitted,as the Submittal
transmission can be delayed due to file transfer size,transmission speed, etc.
9. For the above reasons, it is recommended that the Proposer allow sufficient time to complete your
online proposal submission and to resolve any issues that may arise.
10. Proposers should contact bids&tenders support listed below at least twenty-four(24)hours prior to
the closing time and date if they encounter any problems. The Bidding System will send a
confirmation email to the Proposer advising that their submittal was submitted successfully. If you
do not receive a confirmation email,contact bids&tenders support at su000rt(a�bidsandtenders.net.
11. Late Submittal Responses are not permitted by the Bidding System.
12. To ensure receipt of the latest information and updates via email regarding this Request for
Qualification/Request for Proposal/Invitation for Bid, or if a Proposer has obtained this Solicitation
from a third party,the responsibility is on the Proposer to create a Bidding System Vendor account
and register as a Plan Taker for the Solicitation.
13. All expenses for making Submittal responses to the City are to be borne by the Proposer.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 3
14. A sample draft agreement that the City intends to execute with the successful firm(s) is contained
within this Request for Qualification/Request for Proposal/Invitation for Bid for review. The City
reserves the right to modify the contract language prior to execution.
15. Each Proposer,by submission of a proposal response,acknowledges that in the event of any legal
action challenging the award of a Request for Qualification/Request for Proposal/Invitation for Bid,
damages, if any, shall be limited to the actual cost of the preparation of the PROPOSER.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 4
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METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
SCOPE OF WORK
The purpose of this bid is to establish a fixed price for a two-year term for the purchase of metal containers
and roll-offs to be used throughout the City of Boynton Beach for commercial and/or multi-residential
accounts for the purpose of refuse collection. The estimated annual expenditure for the contract is
$150,000.00.
The Bidder should also specify applicable warranty information. The City desires a minimum of one-year
on components and workmanship.Warranty information should be submitted with the bid.
The following are the minimum technical specifications for both the metal containers and roll-off containers.
If you cannot comply with a specification, attach additional information indicating deviation to specification.
All prices to be quoted FOB Destination to:
City of Boynton Beach
Public Works Rolling Green Complex
502 NW 14th Avenue
Boynton Beach, FL 33435
Delivery hours are from 7:00 a.m.to 3:00 p.m., Monday through Friday.
Vendor is required to offload the containers upon delivery.The City desires delivery of specified containers
within 30 calendar days after receipt of Purchase Order or Blanket Purchase Order release.
TECHNICAL SPECIFICATIONS
METAL CONTAINER DESIGN
• Shall be of slope design to prevent damage when emptying
• Shall be of steel box construction
• Watertight with a minimum 1'/z"drain plug flush with the bottom of container
• 10-gauge bottoms
• 12-gauge minimum front, rear, and end walls
• Containers with split lids to be of high-density polyethylene resin
METAL CONTAINER PAINT
• Shall be high-grade industrial enamel; same color
• Prior to applying paint, all surfaces must be thoroughly cleaned to remove all grease, foreign
Bid No.PWSW24-010—Metal Containers and Roll-Offs 5
matter, and weld slag
• Prior to applying paint, rust and rough edges shall be removed by grinding
• Prime coat—1.5 mils thickness when dry, on coat inside and outside.
• Finish coat—High gloss environmentally approved enamel of the same film thickness applied to
outside of container
• Color—Dark Green
METAL CONTAINER OVERALL LOADING HEIGHT
• Shall not exceed 40"for a 2-yard container
• Shall not exceed 44"for a 3-yard container
• Shall not exceed 46"for a 4-yard container
• Shall not exceed 46"for a 6-yard container
• Shall not exceed 48"for an 8-yard container
ACCESSORIES
• Each container shall include plastic lid, minimum of three(3)hinge points per lid section; black
• The Container shall be constructed so that it automatically closes the top lids of containers when
employing the lifting arms without necessitating the operator to leave the cab of the truck
• Container shall be constructed with external deep"V" plates at pickup points
ROLL-OFF METAL CONTAINERS
• Shall be construction/demolition/solid waste collection transport Containers designed for outside
rail and cable loading
• Shall be constructed of high carbon H/R steel
• Sides shall be constructed with min. 10-gauge H/R steel
• Floor plating shall be not less than 7-gauge H/R steel with continuous on all horizontal seams
• Outer rails shall be constructed of 2" x 6" x 2/16" H/R carbon rectangular tubing with the front
corners of the body portion of the rails to be solid 1 '/2" plate inserted 9" into the tubing, each
direction,for a total of 18", and a '/4'rub rail plate welded to the lower or bottom rail,the full length
of the rail shall be continuously welded around the top perimeter
• Floor Supports shall be at least 3"structural channel, located and welded at 16"center
• Rear Door shall be constructed from 10-gauge H/R steel, reinforced with 6" x 2 %" x 10-gauge
formed channels framing the door and reinforced with two channels vertically and divided equally
from center, with continuous welding on all horizontal welds at top of channels. Hinges shall
connect to 8" x 7" gauge formed channel vertical side post, and latch side post shall be 6" x 7"
gauge formed channel post on body sides.
• A safety chain and a safety pin with spring key shall be installed at the bottom of the rear door
• There shall be two large rollers 6"x 9"constructed with not less than %a"thick walls and sides,with
Bid No.PWSW24-010—Metal Containers and Roll-Offs 6
1 %"removable axles,equipped with grease fittings located at both sides of the rear of the container
• There shall be two large rollers located at each side of the front of the container;designed contact
hoist rails equipped with removable axles and grease fittings. Axles shall be retained with cotter
pins
• Pick up hooks must be able to accommodate standard cable hook-up systems such as"Galbreath."
Hooks shall be constructed of 1 '/4"plate steel
• All containers shall be sandblasted,vapor blasted, or air-ground and cleaned to remove mill scale
and weld splatter and slag prior to any painting or sealing.
• The bottoms and insides of containers shall be undercoated with rust preventive; one (1) coat of
industrial primer and two(2)full coats of"Dark Green"high gloss industrial grade enamel paint.
NOTE: Any unpainted surfaces shall be considered reason to reject delivery and
acceptance of any container
• Door hinges shall be constructed and fabricated of%2' thick plate steel and shall be 10" x 9" on
container side and 10" x 7" at the door side with a 1 7/16" solid round hinge pin equipped with a
grease fitting, and shall be welded to the body and door with continuous welds.
WARRANTY
Minimum of one-year(365 calendar days)on components and workmanship
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 7
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METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
STANDARD TERMS AND GENERAL CONDITIONS FOR BIDDERS
1. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance
with all Federal, State, and Local laws,ordinances, rules,and regulations that in any manner affect the
equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way
relieve Bidder of responsibility to adhere to such regulations.
2. BID FORMS:The Bidder will submit a BID on the BID forms provided.The Bidder must state the price
and the time of delivery for which they propose to deliver the equipment or service requested. The
Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the
State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not
submitted on BID forms herein may be rejected.All BIDs are subject to the conditions specified within
this solicitation document. BIDs which do not comply with these conditions are subject to rejection.
3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the
space provided on all affidavits and proposal sheets.
4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement
bidding system.
5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or
at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by
the e-Procurement bidding system.
6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids,waive technical errors,or
to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s)which
represents the most advantageous bid to the City. In determining the"most advantageous bid," price,
quantifiable factors, and other factors are considered. Such factors include, but are not limited to,
specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance
and operation,operating efficiency,training requirements,disposal value,and other factors contributing
to the overall acquisition cost of an item. Consideration may be given but is not necessarily limited to
conformity to the specifications, including timely delivery, product warranty, a bidder's proposed
service, ability to supply and provide service, delivery to required schedules, and past performances in
other contracts with the City or other government entities.
7. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality,minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it if it
is determined that total cost is lower and the overall function is improved or not impaired;
B. Waive any defect, irregularity, or informality in any bid or bidding procedure;
C. Reject or cancel any or all bids;
D. Reissue an Invitation to Bid;
E. Extend the bid deadline time and date;
F. Procure any item by other means;
Bid No.PWSW24-010—Metal Containers and Roll-Offs 8
G. Increase or decrease the quantity specified in the Invitation to Bid;
H. Consider and accept an alternate bid as provided herein when most advantageous to the
City.
8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been
met include whether a prospective bidder has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources
and expertise, or the ability to obtain such, necessary to indicate its capability to meet all
contractual requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified,legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
9. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership,
corporation, or association under the same or different names shall not be considered. All proposals
shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic
disqualifiers are as follows:
a. Not including an executed Proposer signature.
b. Not being licensed to perform the required work or to provide the required product.
c. Not being eligible to submit a proposal due to violations listed under Item No.29, "Public Entity
Crimes."
d. Not completing the BID, RFQ, or RFP Submittal Forms as required.
10. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any
materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue
purchase orders for materials to either the Vendor's or the CITY's suppliers for construction/public
works related materials when deemed in the best interest of the City.
11. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten
(10) calendar days after issuance of the award letter, the successful bidder shall sign and deliver the
Contract with the required bonds and insurance as applicable to the City. After receipt and approval of
such documents,the contract will be executed.Within thirty(30)calendar days thereafter,the City shall
deliver a fully signed and executed Contract to the successful Vendor. At times, a purchase order will
be issued in lieu of a contract agreement. The General Terms and Conditions of the City's purchase
order shall apply and prevail over any conflicting terms or conditions.
12. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in
the spaces provided on the bid form. Further,as may be specified elsewhere,each bidder must submit
for bid evaluation cuts, sketches, descriptive literature, and technical specifications covering the
products offered. Reference to literature submitted with a previous bid or on file with the buyer will not
satisfy this provision.
13. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to
the Purchasing representative through the Bidding System only by clicking on the"Submit a Question"
button for this specific BID no later than ten(10)calendar days prior to the BID deadline. Inquiries must
reference the date by which the BID is to be received.
14. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the
City of Boynton Beach, Palm Beach County, of the State of Florida.
15. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder
must state the name and address of the subcontractor and the name of the person to be contacted on
the attached"Schedule of Subcontractors." The City of Boynton Beach reserves the right to accept or
reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in
Bid No.PWSW24-010—Metal Containers and Roll-Offs 9
the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City
also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously
failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature or
who is not in a position to perform properly under this award. The City reserves all rights in order to
make a determination as to the foregoing.
16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the
meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e-
Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have
received ALL addenda that are issued. Bidders should check online at Boynton-
beach.bidsandtenders.net prior to submitting their bid, and up until the bid closing time and date in the
event,additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date
and an addendum has been issued, the Bidding System shall WITHDRAW the Bidder's submission,
and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal.
The Bidder can view this status change in the"MY BIDS"section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated
bid closing time and date.
17. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid
products or services at the prices bid in this invitation. If additional quantities are not acceptable, the
bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY."
18. SAMPLES: Samples of items, when called for, must be furnished free of expense, and, if not used,
tested, or destroyed upon request, will be returned at the bidder's expense. Request for the return of
samples may be made within ten(10)calendar days following the bid deadline. Each individual sample
must be labeled with the bidder's name, manufacturer's brand name and number,and item reference.
19. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of
the evaluation process in determining the award of the bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one(1)year old.All required staff,to be assigned per
the individual bid product or service application, will form the Bid Award Committee to evaluate and
submit a group award recommendation.The City reserves the right to make separate and independent
awards based on its needs and the combined evaluation results.
20. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected.
21. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s) of the Contract documents may
invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically
noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE
SPECIFICATIONS,"and this sheet shall be attached to the bid.The use of the bidder's standard forms
or the inclusion of the manufacturer's printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
22. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and
may exercise their own prerogative in submitting a bid on alternate items.The Owner reserves the right
to accept or reject the alternates or base bid or any combination thereof. The Owner, or a
representative,further reserves the unqualified right to determine whether any particular item or items
of material, equipment, or the like, is an approved equal and reserves the unqualified right to a final
decision regarding the approval or rejection of the same.
23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any tests
for compliance with specifications are public records and open to examination thereto in accordance
with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected
Bid No.PWSW24-010—Metal Containers and Roll-Offs 10
and returned at the vendor's expense.These items and items not delivered as per delivery date in the
bid and or Purchase Order may result in the bidder being found in default, in which event any and all
procurement costs may be charged against the defaulted Contractor.Any violation of these stipulations
may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing
list.
24. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
25. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers
and agrees that if the bid is accepted, the bidder will convey, sell, assign, or transfer to the City of
Boynton Beach all rights,title,and interest in and to all causes of action it may now or hereafter acquire
under the antitrust laws of the United States and the State of Florida for price-fixing relating to the
particular commodities or services purchased or acquired by the City of Boynton Beach.At the City of
Boynton Beach's discretion, such assignment shall be made and become effective at the time the
purchasing agency tenders final payment to the bidder.
26. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship, or performance of the items
offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to
notify the City at once, indicating in a letter the specific regulation which required an alteration.The City
reserves the right to accept any such alterations, including any price adjustments occasioned thereby,
or to cancel the Contract at no expense to the City.
27. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations
that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no
way be a cause for relief from responsibility.
28. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by section 287.012(11), Florida
Statutes, requests for proposals as defined by section 287.012(16), Florida Statutes, and any contract
document described by section 287.058, Florida Statutes,shall contain a statement informing persons
of the provisions of paragraph (2)(a)of section 287.133, Florida Statutes,which reads as follows:
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity,and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list".
29. SCRUTINIZED COMPANIES LISTS section 287.135, Florida Statutes: By submission of this BID, the
bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that
Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the City will not contract for the provision of goods or services with
any scrutinized company referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination
concerning the false certification.Bidder shall have five(5)calendar days from receipt of notice to refute
the false certification allegation. If such false certification is discovered during the active contract term,
Bidder shall have ninety (90) calendar days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If Bidder does not
demonstrate that the City's determination of false certification was made in error, then the City shall
have the right to terminate the contract and seek civil remedies pursuant to section 287.135, Florida
Statutes,as amended from time to time.
30. NON-COLLUSION AFFIDAVIT: The vendor certifies that it has entered into no agreement to commit
a fraudulent, deceitful, unlawful, or wrongful act or any act that may result in an unfair advantage for
Bid No.PWSW24-010—Metal Containers and Roll-Offs 11
one or more vendors over other vendors.A conviction for the commission of any fraud or act of collusion
in connection with any sale, quote, quotation, proposal, or another act incident to doing business with
the City may result in permanent debarment. No premiums, rebates,or gratuities are permitted, either
with, prior to, or after any delivery of material or provision of services.Any such violation may result in
award cancellation,return of materials,discontinuation of services,removal from the vendor list(s),and/
or debarment or suspension from doing business with the City
Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit the form with their
Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity
and may be cause for rejection of the Proposal.
31. TRADE SECRET:Any language contained in the Bidder's Proposal purporting to require confidentiality
of any portion of the Proposal, except to the extent that certain information is, in the City's opinion, a
Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other
information to the City which the Bidder claims are Trade Secret information and exempt from section
119.07, Florida Statutes (Public Records Laws), the Bidder shall clearly designate that it is a Trade
Secret and that it is asserting that the document or information is exempt.The Bidder must specifically
identify the exemption being claimed under section 119.07, Florida Statutes.The City shall be the final
arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The
City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend,
indemnify, and hold harmless the City its officers, employees, volunteers, and agents against any loss
or damages incurred by any person or entity as a result of the City's treatment of records as public
records. Proposals purporting to be subject to copyright protection in full or in part will be rejected.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS
PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR
CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall
submit this form with their Proposal.The City considers the failure of the Bidder to submit this document
to be a major irregularity and may be cause for rejection of the Proposal.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to
increase the participation of minority-owned businesses in its contracting and procurement programs.
While the City does not have any preference or set-aside programs in place, it is committed to a policy
of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of
Minority-Owned Business Form and shall submit the form with its Bid/Proposal.
34. ADVERTISING: In submitting a bid,the bidder agrees not to use the results as a part of any commercial
advertising.Violation of this stipulation may be subject to action covered under"NONCONFORMANCE
WITH CONTRACT CONDITIONS."
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
become due hereunder are not assignable except with the prior written approval of the City.
36. INSURANCE REQUIREMENTS: If a vendor is providing a service under this agreement/contract,then
the vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this
agreement/contract,insurance coverages,and limits(including endorsements),as required by the City.
These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by
the vendor under this agreement/contract.All coverages shall be provided on a primary basis with the
City endorsed as an Additional Insured as follows: "The City of Boynton Beach." The vendor shall
provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement
of any services and within a time frame specified by the City (normally within two working days of
request). Failure to maintain the required insurance shall be considered a default of
agreement/contract.
37. INDEMNIFICATION: The selected bidder(s)shall hold and save harmless the City of Boynton Beach,
Florida, its officers, agents, volunteers, and employees from liability of any kind in the performance of
Bid No.PWSW24-010—Metal Containers and Roll-Offs 12
this Contract.Further,the selected bidder(s)shall indemnify,save harmless and undertake the defense
of the City, its City Commissioners, agents, servants, and employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's
operation pursuant to this Contract and from and against all costs,counsel fees,expenses and liabilities
incurred in an about any such claims, the investigation thereof, or the defense of any action or
proceedings brought thereon, and from and against any orders or judgments which may be entered
therein. The City shall notify the bidder within ten(10)business days of receipt by the City of any claim,
suit,or action against the City arising directly or indirectly from the operations of the bidder hereunder,
for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of
this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The
bidder shall also be liable to the City for all costs,expenses,attorneys'fees,and damages that may be
incurred or sustained by the City by reason of the bidder's breach of any of the provisions of the
contract. Bidder shall notbe responsible for negligent acts of the City or its employees.
38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a
contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available,
provide to other Florida governmental agencies so requesting the products or services awarded in
accordance with the terms and conditions of the Invitation to Bid and resulting award.
39. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City Commission for the
City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
40. AWARD OF CONTRACT: The low monetary bid will NOT, in all cases, be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City,price,and other factors
considered. Evaluation of bids will be made based on the evaluation factors and standards set forth
herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth
herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an
award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will
the award be made until all necessary investigations have been made into the responsibility of the.
bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work
and has the necessary organization, capital, and equipment to carry out the required work within the
time specified.
41. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that
all items/services delivered must meet the specifications herein. Items/services delivered not as
specified will be returned at no expense or penalty to the City of Boynton Beach.
42. DELIVERY:Prices shall be quoted F.O.B.Boynton Beach, Florida.F.O.B.destination indicates that the
seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to
be included in the bid total.The bidder's invoice payment terms must be shown.
43. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries
are to be made during normal working hours of the City. Time is of the essence, and delivery dates
must be met. Should the vendor fail to deliver on or before the stated dates,the City reserves the right
to CANCEL the order or agreement/contract and make the purchase elsewhere. The vendor shall be
responsible for making any and all claims against carriers for missing or damaged items.
Delivered items shall not be considered "accepted" until an authorized agent for the City of Boynton
Beach has, by inspection or test of such items, determined that they appear to fully comply with
specifications. The City may return, at the expense of the vendor and for full refund or credit at the
discretion of the City, any item(s) received which fail to meet the City's specifications or performance
standards.
44. PURCHASE ORDER REQUIRED:The City will not accept any goods delivered or services performed
unless a duly authorized purchase order has been issued for said goods and/or services.The purchase
order number must appear on all invoices, packing slips,and all correspondence concerning the order.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 13
45. WARRANTY REQUIREMENTS: Each item,including all components and all installed accessories and
equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This
warranty shall be for a period of 365 calendar days or the time designated in the standard factory
warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade
and shall be honored by any of the manufacturer's authorized dealers.Warranty will cover parts, labor,
and any necessary shipping. Warranty repairs may be accomplished on City property if space is
available;this will be at the sole discretion of the City. Contact Procurement Services for permission to
perform warranty service on City property. Warranty to start at the time of acceptance by the City;
however, in cases where vehicles or equipment are not immediately placed in service, the bidder will
provide a delay of warranty start-up time. The period of warranty delay will be coordinated by
Procurement Services.
46. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling,
shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash
discount for prompt invoice payment. Discount time will be computed from the date of satisfactory
delivery at the place of acceptance or from receipt of the correct invoice at the office specified,
whichever is later.
Upon delivery,the City shall make a final inspection.If this inspection shows that the equipment/service
has been delivered/performed in a satisfactory manner in accordance with the specifications, the City
shall receive the same. Final payment due to the bidder shall be withheld until a visual inspection is
made by the CITY'S DESIGNEE and the merits of performance are evaluated. This total acceptance
will be done in a reasonable and timely manner.Acceptance shall not exceed thirty(30)calendar days.
If any equipment/service has to be rejected for any reason,the bidder shall be required to pick up the
equipment, accomplish the necessary repairs, and return the equipment to the City.Warranty repairs
may be accomplished on City property if space is available;this will be at the discretion of the City.Title
to or risk loss or damage to all items shall be the responsibility of the bidder unless such loss or
damages have been proven to be the result of negligence by the City.
47. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment.Time is of
importance to the City, and the bidder is hereby notified that the date of delivery will be considered as
a factor in the evaluation of the bids.
48. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and
specified options shall be installed, and the unit made ready for continuous, heavy-duty service. In
addition to new equipment pre-delivery service,a thorough condition and specification compliance from
these specifications, including manufacturer's standard equipment items and accessory equipment
supplied by the equipment dealer,which is clearly necessary for the complete operation of the vehicle,
shall be considered a requirement although not directly specified in these specifications.
49. CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the City, the vendor
should provide a copy of all applicable certificates of Competency or Licenses issued by the State of
Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If
applicable,the vendor shall also maintain a current Local Business Tax Receipt(Occupational License)
for County and all permits required to complete the agreement/contractual service at no additional cost
to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically
exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications,
licenses, and permits, if required, to complete the services at no additional cost to the City. It is the
responsibility of the vendor to ensure all required certifications, licenses, and permits are maintained
and are current throughout the term of the agreement/contract, inclusive of any renewals. Licenses and
permits shall be readily available for review by the Purchasing Agent and City Inspectors. Failure to
meet this requirement shall be considered a default of the agreement/contract.
50. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required,to complete this service at no additional cost to the City. Licenses and permits
shall be readily available for review by the Purchasing Agent and City Inspectors.
51. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if
Bid No.PWSW24-010—Metal Containers and Roll-Offs 14
awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to
be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring
the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne
by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc., shall comply with all O.S.H.A. and
State safety regulations and requirements.
52. PALM BEACH COUNTY INSPECTOR GENERAL: The vendor is aware that the Inspector General of
Palm Beach County has the authority to investigate and audit matters relating to the negotiation and
performance of any contracts resulting from this solicitation and, in furtherance thereof, may demand
and obtain records and testimony from the contractor and its subcontractors and lower-tier
subcontractors. The contractor understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of the contractor or its subcontractors or lower-tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed by the
municipality to be a material breach of this contract justifying its termination.
53. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt
from public records disclosure until thirty(30)calendar days after the opening of the Bid unless the City
announces intent to award sooner, in accordance with section 119.07, Florida Statutes.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with
Florida's Public Records Law. Specifically,the Consultant shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or
as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the City; and
D. Upon completion of the contract,Contractor shall transfer to the City,at no cost to the City,
all public records in Contractor's possession. All records stored electronically by Contractor
must be provided to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the City.
E. 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 CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6060
CityClerk(a�bbfl.us
Bid No.PWSW24-010—Metal Containers and Roll-Offs 15
54. E-VERIFY: Contractor is aware of and complies with the requirements of section 448.095, Florida
Statutes,as may be amended from time to time and briefly described herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a
public employer to provide labor,supplies,or services to such employer in exchange for salary,wages,
or other remuneration. "Contractor"includes, but is not limited to,a vendor or consultant.
"Subcontractor"means a person or entity that provides labor,supplies,or services to or for a contractor
or another subcontractor in exchange for salary,wages, or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States Department of
Homeland Security that allows participating employers to electronically verify the employment eligibility
of newly hired employees.
2) Registration Requirement;Termination:
Pursuant to section 448.095, Florida Statutes,effective January 1,2021,Contractors shall register with
and use the E-Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of:
a. All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach. The
Contractor acknowledges and agrees that registration and use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the
contract with the City of Boynton Beach; and
c. The Contractor shall comply with the provisions of section 448.095, Florida Statutes,
"Employment Eligibility,"as amended from time to time.This includes, but is not limited to,
registration and utilization of the E-Verify System to verify the work authorization status of
all newly hired employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ,contract with,or subcontract with
an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately.Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20)calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one(1)year after the date
of termination.
55. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this
solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted
according to the laws of Florida.
56. SUCCESSORS AND ASSIGNS: The City and the vendor each binds itself and its successors and
assigns to the other party in respect to all provisions of the Contract. Neither the City nor the vendor
shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of
the other.
57. INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and
incorporated in the award or resulting agreement/contract resulting here from.Any and all legal action
necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the
Bid No.PWSW24-010—Metal Containers and Roll-Offs 16
State of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract
shall be in a court of competent jurisdiction located in Palm Beach County.
58. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other
legal expenses arising from the interpretation or enforcement of the agreement/contractor from any
other matter generated by or relating to the agreement/contract.
59. NO THIRD-PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall
be construed to, create any third-party beneficiary or to provide any rights to any person or entity, not
a party to the agreement/contract,including but not limited to any citizen or employees of the City and/or
vendor.
60. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices,
extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor's
risk.
61. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and State Taxes.
62. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide
that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any
time while, but only so long as either party is hindered in or prevented from the performance by acts of
God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any
cause beyond the reasonable control of such party, provided, however, the City shall have the right to
provide substitute service from third parties or City forces and in such event, the City shall withhold
payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14
business days,the City may,at its option and discretion,cancel or renegotiate the agreement/contract.
63. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately
preceding, during, and after a public emergency, disaster, hurricane,flood, or act of God, City shall be
given "first priority"for all goods and/or services under the agreement/contract. The vendor agrees to
provide all goods and/or services to City immediately preceding, during, and after a public emergency,
disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this
solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City.
Failure to provide the goods and/or services to the City on a first priority basis immediately preceding,
during, and after a public emergency, disaster, hurricane,flood,or act of God shall constitute a breach
of agreement/contract and subject the vendor to sanctions from doing further business with the City.
64. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales
promotions occur during the term of the agreement/contract that lowers the price of the procured item,
the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional
item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in
effect for the duration of the agreement/contract.The vendor warrants that the price(s)shall not exceed
the vendor's price(s)extended to its most favored customer for the same or similar goods or services
in similar quantities or the current market price,whichever is lower. In the event the vendor offers more
favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the
then-current market price,whichever is lower.
65. REMEDIES: 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 now or hereafter existing at law,or in equity,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.
66. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the
vendor in any way, manner, or form.
67. SEAL, LOG, and FLAGS:The vendor shall not use the seal(s), logos, crests,or reproductions of flags
or likenesses of agency officials without specific pre-approval.
68. DRUG-FREE WORKPLACE:The Vendor shall implement and maintain a drug-free workplace program
of at least the following items:
Bid No.PWSW24-010—Metal Containers and Roll-Offs 17
•
a. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession,or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
b. Inform employees about the dangers of drug abuse in the workplace, the Vendor's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
c. Give each employee engaged in providing the services that are under agreement/contract
a copy of the statement specified in Item Number 1 above.
d. In the statement specified in Item Number A above, notify the employees that, as a
condition of providing the services that are under agreement/contract, the employee will
abide by the terms of the statement and will notify the Vendor of any conviction of,or plea
of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any
controlled substance law of the United States or any state,for a violation occurring in the
workplace no later than five(5)calendar days after such conviction or plea.
e. Impose a sanction on, or require satisfactory participation in, a drug abuse assistance or
rehabilitation program if such is available in the employee's community for any employee
who is so convicted or so pleads.
f. Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of section 287.087, Florida Statutes.
69. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach's Purchasing
Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager via hand delivery
or mail, along with a protest cash bond in an amount equal to 5% of the bid or$5,000, whichever is
less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the
solicitation,specify the basis for the protest, and be received by the Purchasing Department within the
deadlines as follows:
A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for
Qualification,the protest shall be received prior to the bid submittal deadline date.
B. If the protest relates to any other matter relating to the bid, including, but not limited to,the
Award of an Agreement/contract, the protest must be received no later than seven (7)
regular business days after the date of notification of award by the Purchasing Staff.
Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a
waiver of proceedings.
70. DEFAULT AND TERMINATION FOR CAUSE:The City may, by written notice of default to the vendor,
terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any
provisions of this agreement/contract or fails to make progress so as to endanger performance under
the terms and conditions of this agreement/contract,or provides repeated nonperformance,or does not
remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton
Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in
part because of default of the vendor, the City may procure goods and/or services similar to those
terminated,and the vendor shall be liable for any excess costs incurred due to this action.
71. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the
agreement/contract, in whole or in part,for the convenience of the City. Purchasing shall give five (5)
business days prior written notice of termination to the vendor, specifying the portions of the
agreement/contract to be terminated and when the termination is to become effective. If only portions
of the agreement/contract are terminated,the vendor has the right to withdraw,without adverse action,
from the entire agreement/contract.
Unless directed differently in the notice of termination, the vendor shall incur no further obligations in
connection with the terminated work and shall stop work to the extent specified and on the date given
Bid No.PWSW24-010—Metal Containers and Roll-Offs 18
in the notice of termination. Additionally, unless directed differently, the vendor shall terminate
outstanding orders and/or subcontracts related to the terminated work.
72. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN
GOVERNMENT CONTRACTING -- F.S. 287.05701: Bidders are hereby notified of the provisions of
section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or
consider a Bidder's social, political, or ideological interests when determining if the Bidder is a
responsible Bidder. Bidders are further notified that the City's governing body may not give preference
to a Bidder based on the Bidder's social, political, or ideological interests.
73. LOCAL BUSINESS PREFERENCE
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference.
"For all acquisitions made pursuant to Sealed Competitive Bid,as provided in Sec. 10.05,the City shall
give preference to a Local Business if the Local Business' bid is determined to be within five percent
(5%)or five thousand dollars($5,000.00),whichever is less, of the lowest responsible and responsive
bidder. In revenue-generating contracts where award, if any, is to be made to the bidder returning the
highest amount to the City, the same preference set forth herein shall be applied with respect to the
highest bid."
In order to be considered for a local business preference,a bidder must include the Local Business
Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid
submittal will result in the bidder being found ineligible for the local business preference for this
solicitation.
Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute
a Default and Breach of the Agreement with the City.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
Bid No.PWSW24-010—Metal Containers and Roll-Offs 19
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METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
SPECIAL CONDITIONS
PURPOSE:The City of Boynton Beach is requesting bids for the purchase and delivery of metal
containers and roll-offs meeting the minimum specifications contained herein.
TERM OF CONTRACT:The initial term of the awarded contract shall be for two(2)years,effective upon
a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the
same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance,
satisfactory performance as determined,and that the renewal will be in the best interest of the City.The
City reserves the right to exercise the option to renew annually.
The City reserves the right to extend automatically for a period not to exceed an additional six(6)months
in order to provide the City with continual service while a new contract is solicited, evaluated, and/or
awarded.
EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the
Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme
or unforeseen volatility in the marketplace that satisfies all the following criteria:
1) the volatility is due to causes wholly beyond the successful BIDDER's control;
2) the volatility affects the marketplace or industry, not just the particular successful BIDER's
source of supply
3) the effect on pricing or availability of supply is substantial;
4) the volatility so affects the successful BIDDER that continued performance of the contract would
result in substantial loss.
Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this
initial bid term. Please consider this when providing pricing for this Bid.
Price increase will be subject to the City's approval at one (1) year renewals. Any requested price
adjustment shall be written, fully documented, and submitted to the City for consideration at least 60
calendar days prior to the bid term anniversary date. The price increase percentage change shall not
exceed the previous 1-year's percentage change of the Consumer Price Index for All Urban Consumers
(CPI-U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price
adjustments shall become effective on the beginning date of the approved bid extension. Price
adjustment for any one-year term will be subject to City's Commission approval.
The City of Boynton Beach reserves the right to approve a price increase within this award. In the event,
after examination, the City does not wish to accept the adjusted price increase and the matter cannot
be resolved to the satisfaction of the City, the contract will be considered canceled on the
contract/agreement expiration date.
If, at the point of exercising a price increase, market media indicators show that the prices have
decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach,the City
reserves the right to place the Awardee in default and cancel the contract/agreement.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 20
AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment,
organization, materials, references,and past performance,etc.,will be provided for this contract to meet
the specifications denoted herein at a paramount level.
Once the sealed bids are opened, the bids will be tabulated and evaluated by the City before
recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to
accept or reject any or all bids for any reason whatsoever.
The City further reserves the right to waive irregularities and technicalities and/or to request resubmission.
There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder.The City
reserves the right to make the award to a responsible bidder submitting a responsive bid most
advantageous and in the best interest of the City. The City shall be the sole judge of the bids, and the
City's decision shall be final.
NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of
commodities/services to be purchased under the agreement.
INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation
insurance, property damage, liability insurance, and vehicular liability insurance during the time any of
bidder's personnel are working on the City of Boynton Beach property.The vendor shall furnish the City
with a certificate of insurance after award has been made prior to the start of any work on City property.
Said insured companies must be authorized to do business in the State of Florida, and the City will not
accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide,
latest edition.
INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a contract
or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be
considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict
accordance with the price(s) and delivery elements as stipulated in the Contract document should be
submitted to:
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Email:AP(a�bbfl.us
All invoices submitted shall consist of as follows:
• Clearly referenced the subject Contract or Purchase Order number;
• Provide sufficient salient description to identify the goods and services for which payment
is requested;
• Contain date of delivery;
• Original or legible copy of a signed delivery receipt, including both manual signature and
printed name of the designated City employee or authorized agent;The invoice
shall contain the Bidder's Federal Employer Identification Number.
The City's terms of payment, unless otherwise stated in the Contract Documents, are "Net 30 Days"
after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any
other items of payment must have been previously approved by the City and appear on the Contract
or Purchase Order document to be binding on the City.Should the City return an invoice for correction,
the Contractor shall re-submit a corrected invoice to the City for processing.
Bid No.PWSW24-010—Metal Containers and Roll-Offs 21
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METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
BIDDERS SUBMISSION REQUIREMENTS
Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when
required and submitted.In addition,all other requests and supporting documentation should be included.
a) Online Acknowledgement
❑Proposer Acknowledgement
['Addenda Acknowledgement
❑Confirmation of Drug-Free Workplace
❑Palm Beach Inspector General
b) Online Forms
❑Letter of Interest
['Confirmation of Minority-Owned Business
❑Local Business Certification
['Schedule of Sub-Consultants
['References
c) Upload Online
['Bid Form
['Bid Bond Documents
['Bidders Qualification Statement
DAnti-Kickback Affidavit
❑Non-Collusion Affidavit of Proposer
❑Certification Pursuant to Florida Statute§ 287.135
❑Submit current Florida Professional License, including evidence of
possession of required licenses or business permits
[IE-Verify Form Pursuant to Florida Statute§448.095
❑W-9
❑Warranty information
['Submit any Supplemental information relative to this BID
Bid No.PWSW24-010—Metal Containers and Roll-Offs 22
THE DOCUMENTS
BEHIND THIS PAGE
MUST ACCOMPANY PROPOSAL
IN ORDER FOR SUBMITTAL
TO BE CONSIDERED
COMPLETE AND ACCEPTABLE
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 23
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BID FORM
METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
TO BE COMPLETED AND UPLOADED ONLINE
The City of Boynton Beach is requesting bids for the purchase and delivery of METAL CONTAINERS AND
ROLL-OFFS.
The City of Boynton Beach is seeking a firm price for Metal Containers and Roll-Offs in accordance with
the terms, conditions, and specifications contained in this Invitation to Bid.
Submitted By: Date:
(BIDDER)
To furnish and deliver all materials in accordance with the Bid Documents, as follows:
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Contract
with the CITY to furnish and deliver all materials, as specified herein for the Contract Price and
within the Contract Period indicated in this Bid.
2. This Bid will remain subject to acceptance for ninety(90)calendar days after the day of Bid opening.
BIDDER will sign and submit the necessary documents required by the CITY within ten (10)
calendar days after the date of CITY's Award Letter.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract,that
a. BIDDER has examined the Bid Documents, including addenda.
Receipt of all of which is hereby acknowledged;
b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality,
and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance,or furnishing of the WORK.
c. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it
has discovered in the Bid Documents, and the written resolution thereof by the CITY is
acceptable to BIDDER.
4. BIDDER proposes to furnish the WORK in conformity with the specifications listed.The Bid Prices
quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall
be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents.
5. Communications concerning this Bid shall be as follows:
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 24
Contact Person
Business Address
City, State,Zip Code
Business Phone Number
Email Address
Cell Phone Number
6. Other pertinent information is as follows:
License Number(Please Attach Copy)
Federal Tax ID#
Federal Employment ID#
Submitted on this day of ,20_
a. (If an individual, partnership, or non-incorporated organization)
Signature of BIDDER
By
b. (If a corporation)
(Affix Seal) Signature of BIDDER
By
Attested by Secretary
Incorporated under the laws of the State of
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 25
v
BID BOND
STATE OF FLORIDA
COUNTY OF PALM BEACH )
KNOW ALL MEN BY THESE PRESENTS,that
as Principal,and ,as Surety,authorized to do business in
the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach, in the penal sum of
Dollars ($ ) lawful
money of the United States,for the payment of which sum will and truly to be made,we bond ourselves, our
heirs,executors,administrators,and successors,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid,dated ,20 ,for:
(METAL CONTAINERS AND ROLL-OFFS)
NOW THEREFORE,
A. If the principal shall not withdraw such Bid within ninety(90)calendar days after date of opening
of the same and shall,within ten (10)calendar days after the prescribed forms are presented to
the principal for signature,enter into a written Contract with the Owner in accordance with the Bid
as accepted, and give bonds with goods and sufficient surety or sureties,as may be required,for
the faithful performance and proper fulfillment of such Contract,then the above obligations shall
be void and of no effect,otherwise to remain in full force and effect.
B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into
such Contract and give such bonds within the time specified, if the principal shall pay the Owner
the difference between the amount specified in such Bid and the amount for which the Owner may
procure the required work and supplies if the latter amount is in excess of the former then the
above obligations shall be void and of no effect,otherwise to remain in full force and effect.
C. This bond is given to comply with section 255.05, Florida Statutes,and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in section 255.05(2), Florida Statutes.
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 26
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their
several seals,this day of ,20 ,being hereto affixed and these presents duly
signed by its undersigned representative,pursuant to the authority of its governing body.
WITNESS: (If Sole Ownership or Partnership,two(2)Witnesses required).
(If Corporation,Secretary only will attest and affix seal).
PRINCIPAL:
Name of Firm
WITNESS:
Signature of Authorized Officer(affixed seal)
Title
Business Address
City and State
SURETY:
Corporate Surety
WITNESS:
Attorney-in-Fact(affix seal)
Business Address
City and State
Name of Local Insurance Agency
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 27
CERTIFICATE AS TO CORPORATE PRINCIPAL
,certify that I am the Secretary of the Corporation named as Principal
in the within bond;that who signed the such Bid Bond on behalf of the Principal
was then of such Corporation;that I know his signature,and his signature hereto is
genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by
authority of its governing body.
Secretary (corporate seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH )
Before me, a Notary Public duly commissioned, qualified, and acting, personally appeared
to me well known,who being by me first duly sworn upon oath,says that he is the
Attorney-in-Fact, for the and that he has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor for the Owner,the City of Boynton Beach.
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 28
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CERTIFICATE AND AFFIDAVIT FOR BONDS
TO: CITY OF BOYNTON BEACH COMMISSIONERS
RE: Bid Number: PWSW24-010
Bidder:
Name:
Address:
City/State: ZIP:
Phone:
Bond Amount:
SURETY BOND COMPANY:
Name:
Address:
City/State: ZIP:
Phone:
This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266), the insurer named
above:
1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida;
2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and
3. Holds a current valid certificate of authority issued by the United States Department of Treasury
under sections 9304 to 9308 of Title 31 of the United States Code.
Date Agent and Attorney-in-Fact
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 29
c tiY 64,
as
BIDDER'S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers to
questions made hereinafter:
Check One
Submitted By: Corporation
Name: Partnership
Address: Individual
City, State,Zip: _ Other
Telephone No.:
Email Address.:
1. State the true,exact,correct,and complete name of the partnership,corporation,trade,or fictitious
name under which you do business and the address of the place of business.
The correct name of the Proposer is:
The address of the principal place of business is:
2. If Proposer is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
c. President's name:
d. Vice President's name:
e. Secretary's name:
f. Treasurer's name:
g. Name and address of Resident Agent:
3. If Proposer is an individual or a partnership,answer the following:
a. Date of organization:
b. Name, address, and ownership units of all partners:
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 30
4. What is the last project of this nature that you have completed?
c. State whether general or limited partnership:
5. If Proposer is other than an individual, corporation, or partnership, describe the organization and give
the name and address of principals:
6. If Proposer is operating under a fictitious name,submit evidence of compliance with the Florida Fictitious
Name Statute.
7. How many years has your organization been in business under its present business name?
Under what other former names has your organization operated?
5. Have you ever failed to complete work awarded to you? If so,when,where, and why?
6. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if
necessary).
7. Indicate registration, License Numbers,or Certificate Numbers for the business or professions,
which are the subject of this Bid.Attach Certificate of Competency and or State Registration.
8. Will you sublet any part of this WORK? If so, give details.
9. State the name and address of the Attorney, if any,for the business.
10. State the names and addresses of all businesses and/or individuals who own and have interest of
more than five percent(5%)of the Bidder's business and indicate the percentage owned of each
such business and/or individual:
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 31
11. State the names, addresses, and the type of business of all firms that are partially or wholly owned by
the bidder: •
12. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter
into a contract after an award has been made, failed to complete a contract during the past five (5)
years,or been declared to be in default in any contract in the last five(5)years?If yes, please explain
below:
13. What will be your turnaround time for written responses to the City's inquiries?
14. Is the financial statement submitted with your bid (if applicable)for the identical organization name for
Question#1?
YES NO
15. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
16. List and describe all bankruptcy petitions (voluntary or involuntary) that have been filed by or against
the Bidder, its parent or subsidiaries, or predecessor organizations during the past five (5) years.
Include in the description the disposition of each petition.
17. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder or
its predecessor organization(s) during the last five (5) years. The list shall include all case names,
case arbitration or hearing identification numbers,the name of the project in which the dispute arose,
and a description of the subject matter of the dispute.
18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank,
financial institution, or other entity? If yes, specify in detail the circumstances and prospects for
resolution.
19. Bank References(include name,job title, address,and telephone number of contact person)—
Minimum 1
20. Annual Average Services Revenue of the Proposer for the last three years as follows:
Revenue Index Number
a. Government Related Work
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 32
b. Non-Governmental Related Work
_ _
Total Work(a +b):
Services Revenue Index Number
1. Less than $100,000
2. $100,000 to less than$250,000
3. $250,000 to less than$500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than$25 million
9. $25 million to less than$50 million
10. $50 million or greater
21. Provide a description of policies and methods for project monitoring and budgeting control as well as
adherence to project schedule.
22. Provide a description of quality assurance/quality control management methods.
The BIDDER acknowledges and understands that the information contained in response to this
Qualification's Statement shall be relied upon by CITY in awarding the contract, and such information is
warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects
the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid and if after
the award,to cancel and terminate the award and/or contract.
The BIDDER also acknowledges that all information listed above may be checked by the CITY and
authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies
the CITY and persons or entities listed above and holds them harmless from any claim arising from such
authorization or the exercise thereof, including the dissemination of information requested above.
•
(Signed)
(Title)
Subscribed and sworn to before me
This day of , 2023
Notary Public(Signature)
My Commission Expires:
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 33
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ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I,the undersigned, hereby duly sworn, depose and say that no portion of the sum herein submitted will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward, or gift, directly or
indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME-SIGNATURE
Sworn and subscribed before me
this day of ,2023
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL"STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 34
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NON-COLLUSION AFFIDAVIT OF PROPOSER
TO BE COMPLETED AND UPLOADED ONLINE
State of •
)
County of
, being first duly sworn, deposes and says that:
1) He/She is of ,the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached BID:
2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free
from collusion;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees,
or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed,
directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in
connection with the Contract for which the attached BID has been submitted or to refrain from bidding
in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communications or conference with any other bidder, integrator or person to fix the price
or prices in the attached BID or of any other bidder,or to fix any overhead, profit or cost element of the
BID price or the BID price of other proposer or to secure through any collusion,conspiracy, connivance
or unlawful agreement any advantage against the City of Boynton Beach or any person interested in
the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents,
representatives,owners, employees, or parties in interest, including this affiant.
6) BIDDER shall disclose below,to their best knowledge, any City of Boynton Beach officer or employee,
or any relative of any such officer or employee as defined in section 112.3135(1)(c), Florida Statutes
(2022), who is an officer of director or, or has a material interest in, the BIDDER's business,who is in
a position to influence this procurement. Any City of Boynton Beach officer or employee who has any
input into the writing of specifications or requirements, solicitation of offers, decision to award,
evaluation of offers,or any other activity pertinent to this procurement is presumed,for purposes hereof,
to be in a position to indirectly own any of the total assets or capital stock of any business entity owned
or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to
this BIDDER.
7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not
eligible for award consideration. In the event the BIDDER does not indicate any names,the CITY shall
interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a
BIDDER to disclose any relationship described herein shall be reason for termination of bid or award,
whichever is applicable,with no time to cure.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 35
NAME RELATIONSHIP
Witnesses: BIDDER:
Signed:
Typed name:
Name:
Title:
Typed name:
Subscribed and sworn to before me
This day of _ ,20
Notary Public(Signature)
My Commission Expires:
(Signed)
(Title)
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 36
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CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES
TO BE COMPLETED AND UPLOADED ONLINE
I, , on behalf of certify
Print Name and Title Company Name
that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,
in writing, to the Consultant of the City's determination concerning the false certification. The Consultant
shall have ninety(90) calendar days following receipt of the notice to respond in writing and demonstrate
that the determination of false certification was made in error. If the Consultant does not demonstrate that
the City's determination of false certification was made in error,then the City shall have the right to terminate
the contract and seek civil remedies pursuant to section 287.135, Florida Statutes.
Section 287.135, Florida Statutes, prohibits the City from:
1)Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for,
or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel
List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;and
2) Contracting with companies for goods or services that are on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector list, created pursuant to section 215.473, Florida Statutes,or
are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified
above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed
on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I
understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may
subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract
with the City for goods or services may be terminated at the option of the City if the company is found to
have submitted a false certification or has been placed on the Scrutinized Companies with Activities in
Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 37
COMPANY NAME SIGNATURE
PRINT NAME TITLE
DATE
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 38
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CITY OF BOYNTON BEACH
E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES
TO BE COMPLETED AND UPLOADED ONLINE
Project Name: METAL CONTAINERS AND ROLL-OFFS
Solicitation No.: BID: PWSW24-010
1. Definitions:
"Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public
employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other
remuneration."Contractor" includes, but is not limited to, a vendor or consultant.
"Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or
another subcontractor in exchange for salary,wages, or other remuneration.
"E-Verify system"means an Internet-based system operated by the United States Department of Homeland
Security that allows participating employers to electronically verify the employment eligibility of newly hired
employees.
2. Effective January 1, 2021, Contractors shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees.Contractor shall register for and utilize
the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;and
b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to
perform work pursuant to the contract with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
City of Boynton Beach;and
c) Should vendor become the successful Contractor awarded for the above-named project, by
entering into the contract, the Contractor shall comply with the provisions of Section 448.095,
Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not
limited to, registration and utilization of the E-Verify System to verify the work authorization
status of all newly hired employees. Contractor shall also require all subcontractors to provide
an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 39
an unauthorized alien.The Contractor shall maintain a copy of such affidavit for the duration of
the contract.
3. Contract Termination
a) If the City has a good faith belief that a person or entity with which it is contracting has
knowingly violated section 448.09 (1), Florida Statutes,the contract shall be terminated.
b) If the City has a good faith belief that a subcontractor knowingly violated section 448.095 (2),
Florida Statutes, but the Contractor otherwise complied with section 448.095 (2), Florida
Statutes,shall promptly notify the Contractor and order the Contractor to immediately terminate
the contract with the subcontractor.
c) A contract terminated under subparagraph a)or b)is not a breach of contract and may not be
considered as such.
d) Any challenge to termination under this provision must be filed in the Circuit Court no later than
20 calendar days after the date of termination.
e) If the contract is terminated for a violation of the statute by the Contractor,the Contractor may
not be awarded a public contract for a period of 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title
Date:
Phone:
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of o physical presence or o online
notarization, this day of , by on behalf of
. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC
(Name of Notary Typed, Printed or Stamped)
Title or Rank
Serial number, if any
THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bid No.PWSW24-010—Metal Containers and Roll-Offs 40
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tr
METAL CONTAINERS AND ROLL-OFFS
BID No.: PWSW24-010
BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
TO BE ENTERED INTO BIDDING SITE ONLINE
The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar
with its provisions and with the quality, type, and grade of products/services called for, and with full
knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to
deliver as indicated, FOB,City Facility Location,with all transportation charges prepaid,and for the prices
quoted thereon as follows
The undersigned proposes to deliver the service in accordance with the specifications for:
"METAL CONTAINERS AND ROLL-OFFS".
DESCRIPTION
EST.
UNIT UNIT
PRICE TOTAL Manufacturer/Model No.
Metal Containers;2
C.Y., green,with black 10 EACH $ $
plastic lids
Metal Containers; 3
C.Y.,green,with black 10 EACH $ $
plastic lids
Metal Containers;4
C.Y., green,with black 20 EACH $ $
plastic lids
Metal Containers; 6
C.Y., green,with black 20 EACH $ $
plastic lids
Metal Containers;8
C.Y., green,with black 20 EACH $ $
plastic lids
Lids, black plastic with
rods for 2 C.Y 10 EACH $ $
containers
Lids, black plastic with
rods for 3 C.Y 10 EACH $ $
containers
Lids, black plastic with
rods for 4 C.Y 10 EACH $ $
containers
Lids, black plastic with
rods for 6 C.Y 10 EACH $ $
containers
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 41
Lids, black plastic with
rods for 8 C.Y 10 EACH $ $
containers
Container, roll-off, 1 EACH $ $
open 10 C.Y., green
Container, roll-off, 1 EACH $ $
open 20 C.Y.,green
Container, roll-off, 1 EACH $ $
open 30 C.Y., green
Container, roll-off, 1 EACH $ $
open 40 C.Y.,green
Container, recycling
roll-off,with plastic 1 EACH $ $
doors,40 C.Y.,green
TOTAL COST
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 42
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hT0N 6.
DRAFT - SUBJECT TO REVISIONS PRIOR TO SIGNING
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name]
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and [INSERT ENTITY NAME] a [
INSERT type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of
Florida, with a business address of [INSERT ADDRESS], hereinafter referred to as the "VENDOR." In
consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set
forth below.
1. PROJECT DESIGNATION.The VENDOR is retained by the CITY to provide the services,work and all
labor, parts,and materials related as described in the PWSW24-010—Metal Containers and Roll-offs.
2. SCOPE OF SERVICES. VENDOR agrees to perform the Work required for the PWSW24-010—Metal
Containers and Roll-offs which is incorporated and attached as Exhibit A("Work").
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work product required pursuant to this Agreement.
4. TERM.The initial Agreement period shall be for an initial term of two (2)years, commencing on [insert
date] and shall remain in effect through [insert termination date] unless otherwise terminated in
accordance with this Agreement("Initial Term").The CITY reserves the right to renew the agreement for
three (3) additional one-year renewals subject to vendor acceptance, satisfactory performance as
determined by the CITY, and determination by the CITY that renewal will be in the best interest of the
CITY("Renewal").Such Renewals are only effective and valid if in writing and executed by each parties'
authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the
"Term."
Price increase will be subject to the CITY's approval at optional year renewals. Any requested price
adjustment shall be fully documented and submitted to the City for consideration at least 60 days prior
to the respective term anniversary date. Price adjustment for any additional year term will be subject to
City's Commission approval.The price increase percentage change shall not exceed the previous year's
percentage change of the Consumer Price Index for All Urban Consumers(CPI-U)published by the U.S.
Department of Labor's Bureau of Labor Statistics.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 43
A. Payment for the Work provided by VENDOR.shall be made promptly on all invoices submitted to
the CITY properly,provided that the total amount of payment to VENDOR shall not exceed the total
contracted.price without express written modification of the Agreement signed by the CITY
Manager or designee as approved by the City Commission as required.
B. The VENDOR may submit invoices to the CITY once per month during the progress of the Work
for partial payment. Such invoices will be checked by the CITY, and upon approval thereof,
payment will be made to the VENDOR in the amount approved.
C. Final payment of any balance due the VENDOR of the total contract price earned will be made
promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in
accordance with this Agreement.
D. Payment as provided in this section by the CITY shall be full compensation for Work performed,
including services rendered and all materials, supplies, equipment and incidentals necessary to
complete the Work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part
VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the VENDOR in connection with the services rendered under this Agreement
shall be the property of the CITY whether the project for which they are made is executed or not.The
VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with VENDOR's endeavors.
7. COMPLIANCE WITH LAWS. VENDOR shall,in performing the Work contemplated by this Agreement,
faithfully observe and comply with all federal,state of Florida and CITY of Boynton Beach, ordinances
and,regulations that are applicable to the Work rendered under this Agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys'fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs,judgments, and attorneys'fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 44
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE.
A. During the performance of.the Work under this Agreement, VENDOR shall maintain the following
insurance policies, and provide originals or certified copies of all policies to CITY's Risk
Management. All polices shall be written by an insurance company authorized to do business in
Florida.VENDOR shall be required to obtain all applicable insurance coverage,as indicated below,
prior to commencing any Work pursuant to this Agreement:
is Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 12, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury/and
$1,000.000 per occurrence/aggregate for property damage.The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30)days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain,for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability(Errors and Omissions)Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3)years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers.A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or cancelled by either party, reduced in coverage in limits except after thirty(30) calendar
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 45
days prior written notice by either certified mail, return receipt requested, has been given to the
CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Risk Management. The CITY reserves the right to review,
modify, reject, or accept any required policies of insurance, including limits, coverage, or
endorsements throughout the Term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement.The CITY shall not
be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR,or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or.
retained any company or person, other than a bona fide employee working solely for the VENDOR,to
solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the VENDOR any fee, commission,
percentage,brokerage fee,gifts,or any other consideration contingent upon or resulting from the award
or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to
annul this Agreement without liabilityy or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee,gift,or contingent fee.
12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement,will not discriminate on the grounds of race, color, national origin, religion, creed, age,sex
or the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement
without the express written consent of the CITY.
14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
A. Termination for Convenience.This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) calendar days of written notice by the terminating party to the other party for
such termination in which event the VENDOR shallbe paid its compensation for Work performed
to the termination date, including Work reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause,should VENDOR neglect or fail to perform or observe
any of the terms,provisions,conditions,or requirements herein contained, if such neglect or failure
THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY
Bid No.PWSW24-010—Metal Containers and Roll-Offs 46
shall continue for a period of thirty(30)calendar days after receipt by VENDOR of written notice of
such neglect or failure.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
17. NOTICE.All notices required in this Contract shall be sent by certified mail, return receipt requested,
and if sent to CITY shall be mailed to:
Daniel Dugger, City Manager
City of Boynton Beach
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561)742-6000
Copy to:
Shawna G. Lamb, City Attorney
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561)742-6000
Notices to VENDOR shall be sent to the following address:
ATTN:
Address:
Phone:
Email:
18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda,
represents the entire and integrated agreement between the CITY and the VENDOR and supersedes
all prior negotiations, representations,or agreements written or oral.This Agreement may be amended
only by written instrument signed by both CITY and VENDOR.
19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public
agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public
Records Law. Specifically,the VENDOR shall:
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 47
A. Keep and maintain public records required by the CITY to perform the Work;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR's possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CitvClerkAbbfl.us
20. SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not
participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
VENDOR been engaged in business operations in Syria.Subject to limited exceptions provided in state
law, the CITY will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of contract. The
CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false
certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term,VENDOR shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's
determination of false certification was made in error then the CITY shall have the right to terminate the
contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time
to time.
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 48
21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR
certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes,as
may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor,supplies,or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary,wages, or other remuneration.
iii. "E-Verify system"means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors,shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to
perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees.Contractor shall also require all subcontractors to provide an affidavit attesting that
the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.
The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure
to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the
statute, the subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than twenty(20)calendar days after the
date of termination.Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a violation of the statute
by the Contractor,the Contractor may not be awarded a public contract for a period of one (1)
year after the date of termination.
22. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN
GOVERNMENT CONTRACTING. VENDORS are hereby notified of the provisions of section
287.05701, Florida Statutes, as amended,that the CITY will not request documentation of or consider
a VENDOR's social, political,or ideological interests when determining if the VENDOR is a responsible
VENDOR. VENDORS are further notified that the CITY's governing body may not give preference to
a VENDOR based on the VENDOR's social, political, or ideological interests.
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 49
23. MISCELLANEOUS.
A. 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 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.
B. CITY and VENDOR each binds itself,their partners,successors,assigns and legal representatives
to the other party hereto, their partners, successors, assigns and legal representatives in respect
of all covenants, agreements and obligations contained in the Contract Documents.
C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and court costs, except as otherwise provided under the indemnification
provisions set forth herein above.
D. Prior to final payment of the amount due under the terms of this Agreement,to the extent permitted
by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all
suppliers and subcontractors whom worked on the project that is the subject of this Agreement.
Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY
from all claims of liability by VENDOR in connection with this Agreement.
E. At all times during the performance of this Agreement,VENDOR shall protect CITY's property from
all damage whatsoever on account of the work being carried on under this Agreement.
F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances,
rules, orders, regulations and requirements of all local, city, state, and federal agencies as
applicable.
G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is intended by the parties hereto to be final expression of this Agreement, and it
constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations,statements, or agreements to the contrary heretofore made.
In the event of a conflict between this Agreement,the solicitation and the VENDOR's bid proposal,
this Agreement shall govern then the solicitation, and then the bid proposal.
H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand
or electronically in multiple originals or counterparts, each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding,valid and effective upon delivery of the executed
documents to the other party through facsimile transmission, email, or other electronic delivery.
24. DEFAULT OF CONTRACT&REMEDIES.
A. Correction of Work. If, in the judgment of CITY,Work provided by VENDOR does not conform to
the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance
without additional cost to CITY, and/or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and
the quality of workmanship.
B. Default of Contract.The occurrence of any one or more of the following events shall constitute a
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 50
default and breach of this Agreement by VENDOR:
I. The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
II. The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
III. The failure by VENDOR to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by VENDOR, where
such failure shall continue for a period of seven(7)days after written notice thereof
by CITY to VENDOR; provided, however, that if the nature of VENDOR's default
is such that more than seven (7) days are reasonably required for its cure, then
VENDOR shall not be deemed to be in default if VENDOR commences such cure
within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
IV. The assignment and/or transfer of this Agreement or execution or attachment
thereon by VENDOR or any other party in a manner not expressly permitted
hereunder.
V. The making by VENDOR of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against VENDOR of a petition to have
VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy(unless, in the case of a petition filed against
VENDOR, the same is dismissed within sixty (60) calendar days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where
possession is not restored to VENDOR within thirty (30) calendar days; for
attachment, execution or other judicial seizure of substantially all of VENDOR 's
assets, or for VENDOR 's interest in this Agreement, where such seizure is not
discharged within thirty(30)calendar days.
C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the
Performance Bond. If the abandonment,delay,refusal,failure,neglect or default is not cured within
seven (7) business days of when notice was sent by CITY, CITY may declare a default of the
Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The
Surety on the Performance Bond shall within ten (10)business days of such declaration of default,
rectify or cause to be rectified any mismanagement or breach of service in the Agreement and
assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own cost
and expense.
i. Upon such declaration of default,all payments remaining due VENDOR at the time
of default, less all sums due CITY for damages suffered, or expenses incurred by
reason of default,shall be due and payable to Surety. Thereafter the Surety shall
receive monthly payments equal to those that would have been paid by the
VENDOR had the VENDOR continued to perform the services under the
Agreement.
ii. CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to VENDOR and/or the Surety together with the costs
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 51
incident thereto to such default.
iii. In the event CITY completes the Agreement at a lesser cost than would have been
payable to VENDOR under this Agreement, if the same had been fulfilled by
VENDOR, CITY shall retain such differences. Should such cost to CITY be
greater,VENDOR shall pay the amount of such excess to the CITY.
iv. Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time,whenever the service provided by VENDOR
fails to meet reasonable standards of the trade after CITY gives written notice to
the VENDOR of the deficiencies as set forth in the written notice within fourteen
(14)calendar days of the receipt by VENDOR of such notice from CITY.
25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity
by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of
sovereign immunity or under Section 768.28, Florida Statutes.
SIGNATURE PAGE FOLLOWS
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Bid No.PWSW24-010—Metal Containers and Roll-Offs 52
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set
forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiple copies, each of
which shall be considered an original on the following dates:
DATED this day of ,2023.
CITY OF BOYNTON BEACH COMPANY
Daniel Dugger, City Manager (Signature), Company
Print Name of Authorized Official
Title
(Corporate Seal)
Attest/Authenticated:
Witness
Print Name
Approved as to Form:
Shawna G. Lamb, City Attorney
Attested/Authenticated:
Maylee De Jesus, City Clerk
Bid No.PWSW24-010—Metal Containers and Roll-Offs 53
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The
following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE:
This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or
lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
54
Bid No.PWSW24-010—Metal Containers and Roll-Offs