R25-044 RESOLUTION NO. R25-044
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. UTL 25-002
5 FOR WEST WATER TREATMENT PLANT WATER QUALITY
6 LABORATORY RENOVATION TO EAST COAST CONSTRUCTION
7 GROUP, INC.; APPROVING AGREEMENT BETWEEN THE CITY AND THE
8 AWARDED VENDOR; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the Water Quality Laboratory at the City West Water Treatment Plant ("Plant")
11 requires significant interior improvements and upgrades to ensure continued proper operation
12 and compliance with current codes and City standards; and
13 WHEREAS, the Plant's existing air conditioning system and components have reached the
14 end of their useful life and require replacement, and the Plant's facility rooms and equipment are
Is in poor condition, showing wear and corrosion; and
16 WHEREAS, the Plant requires upgrades in the form of replacement of lighting, walls,
17 flooring, and ceilings, including mechanical, electrical, and plumbing work necessary to
18 accommodate a redesigned layout on both the first and second floors; and
19 WHEREAS, the improvements to the Plant are essential to maintaining the laboratory's
20 ability to support water quality testing and to ensure the uninterrupted delivery of safe and
21 reliable water services to the community; and
22 WHEREAS, the scope of the work necessary for the improvements includes the furnishing
23 of all labor, materials, and equipment required to complete the project rapidly, safely, and in a
24 manner that minimizes disruptions to City services; and
25 WHEREAS, on December 10, 2024, three (3) bids were received for the West Water
26 Treatment Plant Water Quality Laboratory Renovation project, in reference to Invitation to Bid No.
27 UTL 25-002; and
28 WHEREAS, upon review and evaluation of the three submitted bids, East Coast
29 Construction Group, Inc. was the lowest bidder and was found acceptable to meet the minimum
30 requirements for the project; and
31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
32 best interests of the City's citizens and residents to award Invitation to Bid No. UTL 25-002 for the
33 renovation of the Plant to East Coast Construction Group, Inc., and approve Agreements between
34 the City and the awarded Vendor.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
37 BEACH, FLORIDA, THAT:
38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
39 being true and correct and are hereby made a specific part of this Resolution upon adoption.
40 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
41 award Invitation to Bid No. UTL 25-002 for the renovation of the Plant to East Coast Construction
42 Group, Inc.
43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
44 approve the Agreement between East Coast Construction Group, Inc. and the City for Invitation
45 to Bid No. UTL 25-002 for the renovation of the Plant, in form and substance similar to that
46 attached as Exhibit A.
47 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
48 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
49 ancillary documents required under the Agreement or necessary to accomplish the purposes of
50 the Agreement and this Resolution.
51 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record
52 of the City.A copy of the fully executed Agreement shall be provided to Eduardo Garcia to forward
53 to the Vendor.
54 SECTION 6. This Resolution shall take effect in accordance with law.
55
56
57 [SIGNATURES ON THE FOLLOWING PAGE]
58
59 PASSED AND ADOPTED this L1 day of 1-eb irtkewa 2025.
60 CITY OF BOYNTON BEACH, FLORIDA
61 YE NO
62 Mayor-Ty Penserga
63
64 Vice Mayor-Aimee Kelley
65 C/
66Commissioner-Angela Cruz
67
68 Commissioner-Woodrow L. Hay
69 4./
70 Commissioner-Thomas Turkin
71
72 VOTE -0
73 A ES :
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74
75 • 211r V 411-
76 Mayl=- sus, MP MMC '- Terga
77 City Cleo M• for
78
79 —•"`�.� APPROVED AS TO FORM:
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CONSTRUCTION CONTRACT
WEST WATER TREATMENT PLANT -WATER QUALITY
LABORATORY RENOVATION
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 East Coast Construction Group, Inc.
a corporation authorized to do business in the State of Florida, with a business address of 7700 Congress
Avenue Ste 1139, Boca Raton, FL 33487, hereinafter referred to as the "CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related to
the West Water Treatment Plant-Water Quality Laboratory Renovation Project;gg"" and,
WHEREAS, at its meeting of February 4, 2025, by Resolution Na C7- '/the CITY Commission
approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement
hereinafter referred to as Contract No.: UTL25-002 and used interchangeably with "Contract".
NOW, THEREFORE, CITY and VENDOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
Article 1. SCOPE OF WORK. VENDOR shall furnish all labor, materials, equipment, services, and
incidents necessary to perform all "WORK" described in the Contract Documents (as defined in Article 8
below) and related thereto for the Project.
Article 2. CONSULTANT. Shall mean the CITY of Boynton Beach / West Architecture + Design, LLC
("CONSULTANT"), 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. The WORK will be substantially completed within (210) [two hundred
ten] 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 payment in accordance with paragraph 14.9 of the General Conditions
within 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 VENDOR
for such termination. In the event of termination,VENDOR shall be paid its compensation
for services performed until the termination date, including services reasonably related to
termination. In the event that VENDOR abandons this Agreement or causes it to be
terminated, VENDOR 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 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) days
after receipt by VENDOR of written notice of such neglect or failure.
3.4. Liquidated Damages.The CITY and VENDOR 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
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-1
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 VENDOR to perform in a timely manner,
but neither one has been capable of ascertaining such damages with certainty. CITY and
VENDOR 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
VENDOR agree that as liquidated damages for delay (but not as a penalty) VENDOR
shall pay the CITY, [One Thousand Two Hundred] Dollars ($1,200.00) for each day of
that expires after the time specified in paragraphs 3.1 for substantial completion until the
WORK is substantially complete. After Substantial Completion, if VENDOR shall neglect,
refuse or fail to complete the remaining WORK within the Contract Time or any proper
extension thereof granted by the CITY, VENDOR shall pay CITY [Three Hundred]
Dollars [$300.00] for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
CITY shall pay VENDOR,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:
One Million Eight Hundred Ninety-Eight Thousand Two Hundred Ninety Dollars and Zero Cents $1,898,290.00
(Written) (Numerical)
Contingency Funds —ALL CONTIGENCY SUMS ARE CITY'S CONTINGENCY AND REMAIN THE CITY'S
PROPERTY UNTIL EXPENSE IS APPROVED.The Contract price shall not include any contingency amounts.
If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified
solely for budget purposes and remains the CITY's funds.The CITY may approve the use of contingency funds
only to defray the expenses due to unforeseen conditions,extra work,and circumstances relating to construction
unless otherwise agreed. Such contingency funds are not for use by the CONTRACTOR to cover shortfalls in
the CONTRACTOR's bid amount and not for use by the CITY to increase the scope of work.
CONTRACTOR shall obtain prior written approval from the CITY prior to the expenditure of contingency funds,
and CONTRACTOR will be required to furnish documentation evidencing expenditures charged to contingency
and/or allowances prior to the release of such funds by CITY. All uncommitted contingency funds remain the
funds of the CITY.
CONTINGENCY. CITY and CONTRACTOR agree the Project budget shall include CITY's contingency, which
shall be utilized as outlined above. The Contingency shall be up to ten percent (10%) or One Hundred
Eighty-Nine Thousand Eight Hundred Twenty-Nine Dollars and Zero Cents ($ 189,829.00)to account for
any unforeseen conditions only approved by the City Manager or designee.
Article 5.PAYMENT PROCEDURES.
VENDOR 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.
1.1 Progress Payments. VENDOR 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.
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-2
A
1.2 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.
1.3 VENDOR 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 VENDOR within
thirty (30) days after approval by the CITY of VENDOR'S Application for Payment and
submission of an acceptable updated progress schedule.
1.4 Five percent(5)of all monies earned by the VENDOR shall be retained by the CITY until
Final Completion of the construction services purchased (defined as that point at which
one hundred (100) percent of the construction of the work as defined in the Contract
Schedule of Values has been performed under the contract by the VENDOR) has been
reached and acceptance by CITY.
1.5 The CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against VENDOR.
c. Failure of VENDOR to make payments properly to
SUBCONTRACTORS or for material or labor.
d. Damage to another VENDOR not remedied.
e. Liquidated damages and costs incurred by the CITY for extended construction
administration.
When the above grounds are removed or resolved or VENDOR provides a surety bond
or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount
withheld, payment may be made in whole or in part.
1.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with
paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the
Contract Price as recommended by CONSULTANT as provided in paragraph 14.10.
1.7 All payments shall be governed by the Local Government Prompt Payment Act, as set
forth in Part VII, Chapter 218, Florida Statutes.
Article 6.RETAINAGE,
Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the
City/Owner and the Vendor will inspect the work and develop a punch list covering those items required
to render complete, satisfactory, and acceptable construction services purchased by the City/Owner.
The punch list will include a schedule of values that provides the estimated cost to complete each item
on the punch list. If the City/Owner and Vendor are unable to agree on an item or value, the City/Owner
has final discretion whether to include an item and the amount for valuation of the cost to complete each
item on the punch list. Within 20 business days after the creation of the punch list, the remaining contract
balance, including retainage, will be paid to the Vendor less an amount equal to 150 percent of the cost
to complete the items on the punch list. Upon reaching final acceptance for an item or all items, the 150
percent withheld for each item will be released with final payment. For projects valued at $10 million or
more, the 30-calendar day period may be extended to 45 days.
Article 7. CONTRACTOR GUARANTEE,
VENDOR warrants all work, materials, and equipment shall be free from damages and/or defects owing
to faulty materials or workmanship for a period of one (1)year after completion of the WORK covered by
this Contract. The VENDOR, free of all costs to the CITY, shall replace any part of the equipment,
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-3
materials, or work included in this Contract, which proves to be defective by reason of faulty materials,
damages, and/or workmanship within twelve (12) month period.
Article 8.CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract, and they are as fully a part of the Contract as
if attached hereto:
8.1 Request for Bid
8.2 Instructions to Proposers/Bidders
8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of
Proposer/ Bidder, and all required certificates, affidavits, and other documentation)
8.4 Construction Contract
8.5 VENDOR'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.boynton-beach.orq/691/Utilities-Enqineerinq-Division
https://www.boynton-beach.orq/enqineerinq/new-construction-department- public-
works-engineerinq-division
8.9 Appendix A—West Architecture + Design LLC—Architecture Demo Plans
8.10 Appendix B—Air Flow Consultants LLC— Hood Plans H1-H5
8.11 Appendix C—Warren J Von Werne, PE— Structural Framing Plan S-1
8.12 Appendix D— Berlin Consulting Inc.— MEP Plans
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
And if sent to the VENDOR shall be mailed to:
East Coast Construction Group, Inc.
Att: Anthony Virzi
7700 Congress Avenue Ste 1139
Boca Raton, FL 33487
Telephone#: (561)245-5044
Email: avirzi@eccbuilders.com
Article 10.)NDEMNITY.
10.1 The VENDOR 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 attorneys'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 VENDOR, its employees, agents,
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-4
partners, principals or subcontractors during the term of this Agreement or resulting
thereafter. 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. The VENDOR expressly
understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the VENDOR 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 VENDOR'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 VENDOR.
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. VENDOR 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, VENDOR
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 VENDOR and be deducted from
payments due VENDOR 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 LAW,
The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with
Florida's Public Records Law. Specifically, the VENDOR 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, 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,
12.4 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.
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-5
12.5 IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, 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
561-742-606
CityClerk(a�bbfl.us
Article 13.F-VERIFY
1.1 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.
1.1.1 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.
1.1.2 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
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-6
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.
Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701.
VENDOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, that the CITY will not request documentation of or consider VENDOR's social,
political, or ideological interests when determining if the VENDOR is a responsible
contractor. VENDOR is 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.
Article 15. 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 the 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, the 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 the 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.
Article 16. 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 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.TRUTH IN NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the date of
the Agreement and no higher than those charged to the VENDOR's most favored customer for
the same or substantially similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall
exercise its rights under this"Certificate"within one (1)year following payment.
Article 18.ENTITIES OF FOREIGN CONCERN,
The provisions of this section apply only if Vendor or any subcontractor will have access to an
individual's personal identifying information under this Agreement.Vendor represents and certifies:
Bid No.UTL25-o02 WWTP Water Quality Laboratory Renovation C-7
(i)Vendor is not owned by the government of a foreign country of concern; (ii)the government of a
foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not
organized under the laws of and does not have its principal place of business in, a foreign country
of concern.Prior to Vendor and any subcontractor having access to personal identifying information
pursuant to this Agreement,Vendor and any subcontractor shall submit to City executed affidavit(s)
under penalty of perjury, in a form approved by City attesting that the entity does not meet any of
the criteria in Section 287.138(2),Florida Statutes.Compliance with the requirements of this section
is included in the requirements of a proper invoice.Terms used in this section that are not otherwise
defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138,
Florida Statutes.
Article 19.ANTI-HUMAN TRAFFICKING,
On or before the Effective Date of this Agreement, VENDOR shall provide CITY with an affidavit
attesting that the VENDOR does not use coercion for labor or services,in accordance with Section
787.06(13), Florida Statutes.
Article 20.MISCELLANEOUS,
20.1 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.
20.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent(except to the extent that the effect
of this restriction may be limited by 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.
20.3 City and VENDOR each bind 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.
20.4 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.
20.5 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 VENDOR,
as well as all suppliers and subcontractors who worked on the project that is the subject
of this Agreement. Payment of the invoice and acceptance of such payment by VENDOR
shall release City from all claims of liability by VENDOR in connection with this Agreement.
20.6 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.
20.7 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.
20.8 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 the 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
4 Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-8
then the solicitation, and then the bid proposal.
20.9 U.S. Produced Iron and Steel. VENDOR shall comply with the requirements of Section
255.0993, Florida Statutes, which requires any iron or steel product permanently
incorporated in the project must be produced in the United States.
20.10 Waiver of Chapter 558, Florida Statutes. Pursuant to Section 558.005(1), VENDOR and
CITY agree to opt out of the requirements of Chapter 558, Florida Statutes.
20.11 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 21. DEFAULT OF CONTRACT&REMEDIES.
21.1 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.
21.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by VENDOR:
21.2.1 The abandonment of the project by VENDOR for a period of more than seven (7)
business days.
21.2.2 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.
21.2.3 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.
21.2.4 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.
21.2.5 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) days); or the appointment of a trustee or a receiver to take possession of
substantially all of VENDOR's assets, or for VENDOR's interest in this Agreement, where
possession is not restored to VENDOR within thirty(30)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) days.
21.3 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) days of when notice was sent by
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-9
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)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 services under the Agreement, at its own cost and expense.
21.3.1 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.
21.3.2 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
VENDOR and/or the Surety together with the costs incident thereto to such default.
21.3.3 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.
21.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the
Agreement at any time, whenever the service provided by 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 thirty calendar(30)days after the receipt
by VENDOR of such notice from CITY.
SIGNATURE PAGE FOLLOWS
Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-10
"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."
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
CITY OF BOYNTON BEACH EAST C ' •�
O' ' STRUCTION GROUP, INC.
215** ../ V/ ..". Arie i 1110.6 -
T d'- .--'Mayor (Signa . - ' ast Coast Construction Group, Inc.
Date: s111 Zf /I 04,
er e of A thorized Official
res �f
Title
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Dat
f'Dat
(Corporate Seal)
Attest/Authenti r ated:
F
,r 0-4 's - '1.1?
Witness
/ 004J 1K7-/
Print Name
Appr ved as to Fo :
Shawna G. Lamb, Office of the City Attorney
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Atte- es 1 uth--ticate•- • ' c •• a
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<r� i
Maylee D�dil�-sus, City Clerk '1 OQ-O
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Bid No.UTL25-002 WWTP Water Quality Laboratory Renovation C-11