R25-026 1 RESOLUTION NO. R25-026
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. PWE24-024
5 FOR THE FIRE STATION #5 EMERGENCY GENERATOR REPLACEMENT
6 PROJECT TO J.T. EQUIPMENT SERVICE COMPANY; APPROVING AN
7 AGREEMENT BETWEEN THE CITY AND J.T. EQUIPMENT SERVICE
8 COMPANY FOR AN AMOUNT OF $744,307 PLUS A TEN PERCENT
9 CONTINGENCY OF $74,430.70 THAT WILL BE UTILIZED FOR
10 UNFORESEEN CONDITIONS TOTALING AN AMOUNT NOT TO EXCEED
11 $818,737.70; AND FOR ALL OTHER PURPOSES.
12
13 WHEREAS, the City of Boynton Beach's Fire Department requires a new generator to
14 power the firehouse in the event of an emergency; and
15 WHEREAS, an emergency generator is crucial for ensuring uninterrupted power during
16 emergencies, particularly in critical facilities such as fire stations, hospitals, and schools. It provides
17 a reliable backup power source, maintaining essential operations and safeguarding public safety
18 when the main power supply is disrupted, especially during natural disasters or other unforeseen
19 events; and
20 WHEREAS, the City's Public Works Department developed specifications to seek a
21 contractor to install a new emergency generator as outlined in the project plans. The scope of
22 work included the selective demolition of the existing generator enclosure, removal of the current
23 generator, installation of the new generator and the necessary infrastructure; and
24 WHEREAS, on September 12, 2024, the Purchasing Division issued Invitation to Bid (ITB)
25 No. PWE24-024 for the Fire Station #5 Emergency Generator Replacement Project; and
26 WHEREAS, a pre-bid meeting was held on September 23, 2024, accompanied by a site
27 visit, which was attended by several interested bidders; and
28 WHEREAS, the ITB closed on November 7, 2024, with two bid submissions; and
29 WHEREAS, after reviewing the submissions, the Purchasing Division determined that J.T.
30 Equipment Service Company ("Contractor") was the lowest responsive and responsible bidder;
31 and
32 WHEREAS, the City has selected the Contractor to perform construction services related
33 to the Fire Station # 5 Emergency Generator Replacement Project; and
34 WHEREAS, after reviewing the submissions, the Purchasing Division determined that the
35 Contractor was the lowest responsive and responsible bidder; and
36 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
37 best interests of the city's citizens and residents to award Invitation to Bid No. PWE24-024 for the
38 Fire Station #5 Emergency Generator Replacement Project to J.T. Equipment Service Company,
39 and approve an Agreement between the City and J.T. Equipment Service Company for an amount
40 of $744,307 plus a ten percent contingency of $74,430.70 that will be utilized for unforeseen
41 conditions totaling an amount not to exceed $818,737.70.
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
44 BEACH, FLORIDA, THAT:
45 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
46 being true and correct and are hereby made a specific part of this Resolution upon adoption.
47 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
48 award Invitation to Bid No. PWE24-024 for the Fire Station #5 Emergency Generator Replacement
49 Project to J.T. Equipment Service Company ("Contractor").
50 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
51 approve an Agreement between the Contractor and the City for an amount of $744,307 plus a ten
52 percent contingency of $74,430.70 that will be utilized for unforeseen conditions totaling an
53 amount not to exceed $818,737.70 (the "Agreement"), in form and substance similar to that
54 attached as Exhibit A.
55 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
56 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
57 ancillary documents required under the Agreement or necessary to accomplish the purposes of
58 the Agreement and this Resolution.
59 SECTION 5. The Mayor-executed Agreement shall be forwarded to Andrew
60 Rozwadowski to obtain execution of the Agreement by the Contractor. Andrew Rozwadowski
61 shall be responsible for ensuring that one fully executed Agreement is returned to the City to be
62 provided to the Office of the City Attorney for forwarding to the City Clerk for retention as a public
63 record.
64 SECTION 6. This Resolution shall take effect in accordance with law.
65
66 PASSED AND ADOPTED this .1( 54 day of 14huckry 2025.
67 CITY OF BOYNTON BEACH, FLORIDA
68 YES NO
69 Mayor-Ty Penserga
70 ,�
71 Vice Mayor-Aimee Kelley
72 g -
73 Commissioner-Angela Cruz
74 t�
75 Commissioner-Woodrow L. Hay
76 L .
77 Commissioner-Thomas Turkin
78
79 VOTE cc
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90 1 Shawna G. Lamb
91 ,‘`% Fl-O = City Attorney
City of Boynton Beach Purchasing Division
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
J.T. EQUIPMENT SERVICE CO.
PWE24-024 - FIRE STATION # 5 EMERGENCY GENERATOR REPLACEMENT PROJECT
THIS AGREEMENT is entered into by and 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 J.T.
Equipment Service Company,a Florida Profit Corporation authorized to do business in the State
of Florida, with a business address of 14258 SW139th Court, Miami, Florida 33186 hereinafter
referred to as the "CONTRACTOR," each a "Party" and collectively the "Parties."
WHEREAS, the City of Boynton Beach's Fire Department requires a new generator to
power the firehouse in the event of an emergency.
WHEREAS, an emergency generator is crucial for ensuring uninterrupted power during
emergencies, particularly in critical facilities such as fire stations, hospitals, and schools. It
provides a reliable backup power source, maintaining essential operations and safeguarding
public safety when the main power supply is disrupted, especially during natural disasters or
other unforeseen events.
WHEREAS, the City's Public Works Department developed specifications to seek a
contractor to install a new emergency generator as outlined in the project plans. The scope of
work included the selective demolition of the existing generator enclosure,removal of the current
generator, installation of the new generator, and the necessary infrastructure.
WHEREAS, on September 12, 2024, the Purchasing Division issued Invitation to Bid
(ITB) No. PWE24-024 for the Fire Station #5 Emergency Generator Replacement Project.
WHEREAS, a pre-bid meeting was held on September 23, 2024, accompanied by a site
visit,which was attended by several interested bidders.
WHEREAS, the ITB closed on November 7, 2024, with two bid submissions.
WHEREAS, after reviewing the submissions, the Purchasing Division determined that
J.T. Equipment Service Co. was the lowest responsive and responsible bidder.
WHEREAS,the CITY has selected the CONTRACTOR to perform construction services
related to the Fire Station# 5 Emergency Generator Replacement Project; and,
WHEREAS, after reviewing the submissions, the Purchasing Division determined that
J.T. Equipment Service Co. (CONTRACTOR) was the lowest responsive and responsible
bidder.
WHEREAS, at its meeting of January 21, 2024. by Resolution No. RS-o2.4the CITY
Commission approved this award to CONTRACTOR and authorized the proper CITY officials to
execute this Agreement hereinafter referred to as Contract No.: PWE24-024 and used
interchangeably with "contract".
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, equipment, services,
Mc:24.024•Fire Station a 5 Emerpenq Generator Replacement Protea J T Equ pment Service Company
City of Boynton Beach Purchasing Division
and incidents necessary to perform all "WORK" described in the Contract Documents (as
defined in Article 7 below) and related thereto for the Project. The terms and conditions of Bid
No. PWE24-024 and CONTRACTOR's bid are expressly incorporated into this Agreement by
reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. PWE24-
024. and CONTRACTOR's bid, shall be resolved pursuant to the following order of
precedence (1)this Agreement, (2) Bid No. PWE24-024: and 3 CONTRACTOR's bid.
Article 2. CONSULTANT. Shall mean the City of Boynton Beach, which has designed the Project
and will assume all duties and responsibilities and will have the rights and authority
assigned to CONSULTANT in connection with the completion of the WORK in accordance
with the Contract Documents.
Article 3. CONTRACT TIME: TERMINATION:LIQUIDATED DAMAGES.
3.1 Contract Time. Upon receipt of materials including the generator, the WORK will be
substantially completed within Ninety ($Q,1 calendar days from the effective date of this
Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of
the General Conditions and completed and ready for final inspection and payment in
accordance with paragraph 14.9 of the General Conditions within Thirty (30) calendar
days from the date of Substantial Completion.
3.2 Termination for Convenience. This Agreement may be terminated by CITY for
convenience, upon providing fourteen (14) business days of written notice to
CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall
be paid its compensation for services performed until the termination date, including
services reasonably related to termination. In the event that CONTRACTOR abandons
this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY
against loss pertaining to this termination
3.3 Termination for Cause. In addition to all other remedies available to CITY, this
Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR
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)days after receipt by CONTRACTOR of written notice of such neglect or failure.
3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge
that time is of the essence of this Contract and that the CITY will suffer financial loss if
the WORK is not completed within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions.Each
of the parties acknowledges that it has attempted to quantify the damages, which would
be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a
timely manner, but neither one has been capable of ascertaining such damages with
certainty. CITY and CONTRACTOR also recognize and acknowledge the delays,
expense, and difficulties involved in proving in a legal preceding the actual loss suffered
by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any
such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay the CITY. Eight Hundred Dollars
($800.00) for each day that expires after the time specified in paragraphs 3.1 for
substantial completion until the WORK is substantially complete. After Substantial
Completion. if CONTRACTOR shall neglect, refuse or fail to complete the remaining
WORK within the Contract Time or any proper extension thereof granted by the CITY,
CONTRACTOR shall pay CITY Two Hundred Dollars [$200.00] for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
'WE24-024.Fire SOt,on*5 Emergency Generator Replacement Protect 1 J Y Equipment Service Company
City of Boynton Beach - Purchasing Division
Article 4. CONTRACT PRICE
CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of
the United States of America. and subject to the additions and deductions as provided in the
Contract Documents, a total sum as follows:
Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently
revised and as stated herein, a copy of such Bid Form being a part of the Contract
Documents,the aggregate amount of this Contract(obtained from either the lump sum price.
the application of unit prices to the quantities shown in the Bid Form or the combination of
both) not to exceed: Seven Hundred Forty-Four Thousand Three Hundred Seven
Dollars ($744,307.00).
Contingency Funds - ALL CONTINGENCY SUMS ARE CITY'S CONTINGENCY AND
REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price
shall not include any contingency amounts. If the Contract or schedule of bid prices includes
an agreed sum as a contingency, such amount is identified solely for budget purposes and
remains the city's funds. The city may approve the use of contingency funds only for the
purpose of defraying the expenses due to unforeseen conditions, extra work, and
circumstances relating to construction unless otherwise agreed. Such contingency funds are
not for use by the Contractor to cover shortfalls in the Contractor's bid amount and not for
use by the City to increase the scope of work.
Contractor shall obtain prior written approval from City prior to the expenditure of contingency
funds, and Contractor will be required to furnish documentation evidencing expenditures
charged to contingency and/or allowances prior to the release of such funds by City. All
uncommitted contingency funds remain the funds of City
Contingency. City and Contractor agree the Project budget shall include City's contingency,
which shall be utilized as outlined above, The Contingency shall be ten percent or
$74,430.70 to account for any unforeseen conditions only approved by the City
Manager.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions CITY will process Applications for Payment as provided in the General
Conditions.
Si Progress Payments. CONTRACT may submit an Application for Payment as
recommended by CONSULTANT. for WORK completed during the Project at intervals of
not more than once a month. All progress payments will be on the basis of the progress
of WORK measured by the schedule of values established in Paragraph 2.9.1 of the
General Conditions and in the case of Unit Price Work based on the number of units
completed or, in the event there is no schedule of values, as provided in the General
Requirements.
5.2 Prior to Substantial Completion progress payments will be made in an amount equal to
90% of WORK completed. but, in each case, less the aggregate of payments previously
made and less such amounts as CONSULTANT shall determine, or CITY may withhold.
in accordance with paragraph 14.5 of the General Conditions.
5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress
schedule acceptable to the CITY and a Warranty of Title/Release of Liens relative to the
Work that is the subject of the Application Each Application for Payment shall be
submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR
within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S
Application for Payment and submission of an acceptable updated progress schedule.
PNE24-024.Fee Stiton to 5 Emerg.ocy Generator RepIaoemen P,Pea
City of Boynton Beach Purchasing Division
8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of
Proposer/Bidder, and all required certificates, affidavits, and other documentation)
8.4 Contract
8.5 CONTRACTOR's Bid Bond, Performance. and Payment Bond
8.6 General Conditions for Construction
8.7 Special Terms and Conditions
8.8 City Construction Standards and Details (available online at: https.//www.bovnton-
beach.ora/engineerinWpew-construction-department-public-works-engineering-division)
8.9 Attachment "A"— Emergency Generator ARCH SS— Bid Set/Drawings
8.10 Attachment "B"— Emergency Generator ELEC SS — Bid Set/Drawings
ARTICLE 9.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
Arid if sent to the CONTRACTOR shall be mailed to:
J.T Equipment Services Co.
14258 SW 139th Court
Miami, Florida 33186
305-238-0023
Article 10.INDEMNITY.
10.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers,
employees, agents, instrumentalities, and the State of Florida, Division of Emergency
Management from liability, losses or damages, including attomeys' fees and costs of
defense through the conclusion of any appeals, 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 or resulting from the negligence,
recklessness,or intentional wrongful misconduct of CONTRACTOR, its employees,agents.
partners, principals or subcontractors during the term of this Agreement or resulting
thereafter. The CONTRACTOR 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. The CONTRACTOR expressly
understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the CONTRACTOR shall in no way limit the responsibility to
indemnify,keep, and save harmless and defend the CITY or its officers.employees, agents,
and instrumentalities as herein provided.
10.2 CONTRACTOR's aggregate liability pursuant to this indemnification provision shall not exceed
one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per
occurrence, whichever is greater.
10.3 Upon completion of all services,obligations, and duties provided for in this Agreement, or in
the event of termination of this Agreement for any reason, the terms and conditions of this
Article shall survive indefinitely.
10.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
CONTRACTOR.
PWF24.024•Fire Station N 5 Emergency Generator Reptacenent Protea J T Equipment Servioe Company
City of Boynton Beach ` - Purchasing Division
10.5 Nothing contained herein is intended nor shall be construed as a contractual waiver of the
CITY's rights, limits, and immunities under the common law or Section 768.28. Florida
Statutes, as may be amended from time to time, nor a waiver of any defense the CITY may
have and shall not be construed as consent to be sued by third parties based on any claims
arising under this Contract. CONTRACTOR and CITY agree that any liability of the CITY
under this Contract shall be limited to the amounts set forth in Sec. 728.68. Florida Statutes.
Article 11.REIMBURSEMENT OF CONSULTANT EXPENSES.
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection
incurred by the CITY during the period between said specified or adjusted time and the actual
date of final completion.All such expenses for consulting and inspection incurred by the CITY
will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR
as provided by this Contract. Said expenses shall be further defined as CONSULTANT
charges associated with the construction contract administration, including resident project
representative costs
Article 12. FLORIDA'S PUBLIC RECORDS LAWS
The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR
shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall:
12.1 Keep and maintain public records required by the CITY to perform the service;
12.2 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 Statue or as otherwise provided by law;
12.3 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,
12.4 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.
12.5 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 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-606
CIityCierkgbbti.US
Article 13.g-VERIFY,
PWE24.024•F,re Station 15 Emergency Generator Replacement Prgect 5 .« .... ...r r_r..
City of Boynton Beach Purchasing Division
13 1 CONTRACTOR 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.
13.1.1 Definitions for this Section:
A. "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 a salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies,
or services to or for a contractor or another subcontractor in exchange
for a salary, wages, or other remuneration.
C. "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.
13.1.2 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, 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.
PVVE24-024-Fire Station M 5 Emegency Generator Replacement Project J T Equipment Service Company
City of Boynton Beach ^-° Purchasing Division
Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701.
CONTRACTOR is hereby notified of the provisions of section 287.05701, Florida
Statutes. as amended,that the CITY will not request documentation of or consider
CONTRACTOR's social, political, or ideological interests when determining if the
CONTRACTOR is a responsible CONTRACTOR CONTRACTOR is further
notified that the CITY's governing body may not give preference to a
CONTRACTOR based on the CONTRACTOR's social, political, or ideological
interests.
Article 15.5CRUT1NJZED COMPANIES,
By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is
not participating in a boycott of Israel. CONTRACTOR further certifies that
CONTRACTOR 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
CONTRACTOR 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 the CONTRACTOR of the CITY's determination
concerning the false certification. CONTRACTOR 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,the CONTRACTOR 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 CONTRACTOR 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.
Article 16. COVENANT AGAINST CONTINGENT FEES.
The CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the CONTRACTOR 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 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.
Article 17.JIAISCELLANEOUS.
17.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms
of this Agreement shall be submitted to a court of competent jurisdiction located
exclusively in Palm Beach County.
17.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound: and specifically but without limitation, moneys that may
PWE24-024 Fre Station It 5 Emergency Generator Replacement Protect 8 J T Equpment Service Company
Ca
City of Boynton Beach Purchasing Division
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.
17.3 City and CONTRACTOR 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.
17.4 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.
17.5 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
CONTRACTOR, 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
CONTRACTOR in connection with this Agreement.
17.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
17.7 It shall be the CONTRACTOR'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.
17.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR 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
CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and
then the bid proposal.
17.9 This Agreement will take effect once signed by both parties. 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
Article 18. DEFAULT OF CONTRACT& REMEDIES.
18.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR 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.
18 2 Default of Contract_ The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
18.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
18.2.2 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-
Py 24-024.Fire Station#5 Emergency Generator Replacement Pro;ec' c' .;I f- .mmer.t tiervice Compar,
City of Boynton Beach '' . Purchasing Division
18.2 3 The failure by CONTRACTOR to observe or perform any of the terms,
covenants or conditions of this Agreement to be observed or performed by
CONTRACTOR, where such failure shall continue for a period of seven (7)
calendar days after written notice thereof by CITY to CONTRACTOR;
provided, however, that if the nature of CONTRACTOR's default is such that
more than seven (7) calendar days are reasonably required for its cure, then
CONTRACTOR shall not be deemed to be in default if CONTRACTOR
commences such cure within said seven (7) calendar day period and
thereafter diligently prosecutes such cure to completion.
18.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly
permitted hereunder.
18.2.5 The making by CONTRACTOR of any general assignment or general
arrangement for the benefit of creditors, or the filing by or against
CONTRACTOR of a petition to have CONTRACTOR 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 CONTRACTOR, the
same is dismissed within sixty (60) days); or the appointment of a trustee or
a receiver to take possession of substantially all of CONTRACTOR's assets,
or for CONTRACTOR's interest in this Agreement, where possession is not
restored to CONTRACTOR within thirty (30) days; for attachment, execution
or other judicial seizure of substantially all of CONTRACTOR's assets, or for
CONTRACTOR's interest in this Agreement, where such seizure is not
discharged within thirty (30) days.
18.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or
default and direct CONTRACTOR 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)days of when notice was sent by CITY,CITY may declare a default of the Agreement
and notify CONTRACTOR of such declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) 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 CONTRACTOR and proceed to perform services
under the Agreement, at its own cost and expense.
18.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR
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 CONTRACTOR had the CONTRACTOR
continued to perform the services under the Agreement.
18.3.2 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 CONTRACTOR and/or the Surety
together with the costs incident thereto to such default.
18.3.3 In the event CITY completes the Agreement at a lesser cost than would have
been payable to CONTRACTOR under this Agreement, if the same had been
fulfilled by CONTRACTOR. CITY shall retain such differences. Should such
cost to CITY be greater, CONTRACTOR shall pay the amount of such excess
to the CITY.
18.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time. whenever the service provided by
CONTRACTOR fails to meet reasonable standards of the trade after CITY
PWE24-024 Ere Station p 5 Emergency Generator Replacement Protect t v !I Equipment Service Company
City of Boynton Beach �r,•r Purchasing Division
gives written notice to the CONTRACTOR of the deficiencies as set forth in
the written notice within fourteen calendar (14) days of the receipt by
CONTRACTOR of such notice from CITY.
Article 19. SOVEREIGN r MWA'MTY. ccwta'ned aenetiv'is rti^ierOeu iv 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.
Article 20. UNCONTROLLABLE FORCES.
Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by
the exercise of reasonable diligence, the non-performing party could not avoid The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non-performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
Neither party shall, however, be excused from performance if non-performance is due to forces
which are preventable, removable. or remediable, and which the non-performing party could
have. with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non-performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
Article 21. 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.
Article 22. INDEPENDENT CONTRACTOR. The CONTRACTOR and the CITY agree that the
CONTRACTOR 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 CONTRACTOR nor any employee of
CONTRACTOR 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
CONTRACTOR, or any employee of CONTRACTOR.
Article 23. INSURANCE. During the performance of the Work under this Agreement.
CONTRACTOR shall maintain the insurance policies required by the Insurance Advisory in the
Contract Documents, and provide originals or certified copies of all policies to CITY's Risk
Management. All policies shall be written by an insurance company authorized to do business
in Florida. CONTRACTOR shall be required to obtain all applicable insurance coverage prior to
commencing any Work pursuant to this Agreement.
Article 24. OWNERSHIP AND USE OF DOCUMENTS All documents, drawings,
specifications and other materials produced by the CONTRACTOR 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 CONTRACTOR shall be permitted to retain
copies, including reproducible copies, of drawings and specifications for information, reference
and use in connection with CONTRACTOR's endeavors.
Article 25. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the Work
contemplated by this Agreement,faithfully observe and comply with all federal, State of Florida.
PWE2I.024.Fire Station•5 Emergency Generator Replacement Protea '' J T Equpment Service Company
„..- . - :
City of Boynton Beach Purchasing Division
and City of Boynton Beach ordinances and regulations that are applicable to the Work rendered
under this Agreement.
This Agreement will take effect once signed by both parties This Agreement may be signed by
the parties in counterparts, whether signed physically or electronically. which together shall
constitute one and the same agreement among the parties.A facsimile signature shall constitute
an original signature for all purposes.
PWE.24-024.Fire Station M 5 Emergency Generator RepJacement Project 12 J I Equipment Service Company
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City of Boynton Beach ',>o.•`• Purchasing Division
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
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CITY OF BOYNTON BEACH J.T. Equipment Service .mpany
(CONTRACTOR) /
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"V Ao ZS— James Thurmond
Date Print Name of Authorized Official
President
Title
Approved as to Form- — / )422'5
Date v
k4a1V4a $ 16'd.117e
Office of the City Attorney
(Corporate Seal)
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Maylee Ileus, City Cler
PWE24-074 Fre Stanon 1 5 Emergency Generator Replacement Protea 13 J 7 E0apmen1 Serwce Canpany
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City of Boynton Beach '
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11 CORPORATE ACKNOWLEDGEMENT
STATE OF hoc RC1� )
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COUNTY OF ‘A s t �P )
The foregoing instrument was acknowledged before me by means of :✓ysical presence or -
online notarization, this 2 1 day of-Z,-,,,,-)i, 202 , by Sc. - k .4on behalf of
.. �" 4,,r,.w•t/,SNcvkc (v , a . He/she is persona/ nown to me or
has produced R Drt,r:L,c•tas identification.
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(Name of Notary Typed, Printed or Stamped)
Title or Rank
Serial number, if any
PWE24-024.Fre Statron Y 5 Emergency Generator Neptacemert Project 14 .l I Equpment Service Company