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R26-010
RESOLUTION NO. R26-010 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-082B FOR 3 SANITARY SEWER GRAVITY MAIN-CIPP PROJECT, TO COBRA 4 ENVIRONMENTAL, INC., APPROVING THE CONSTRUCTION 5 AGREEMENT BETWEEN THE CITY AND COBRA ENVIRONMENTAL, 6 INC., IN THE AMOUNT OF $599,565, PLUS AN ADDITIONAL 10% 7 CONTINGENCY IN THE AMOUNT OF $59,956.50 FOR STAFF- 8 AUTHORIZED CHANGE ORDERS TO ADDRESS UNFORESEEN 9 CONDITIONS, BRINGING THE TOTAL NOT-TO-EXCEED AMOUNT TO 10 $659,521.50, AND APPROVING A BUDGET TRANSFER TO ALLOCATE I1 SUFFICIENT FUNDING FOR THIS PROJECT; AND FOR ALL OTHER 12 PURPOSES. 13 14 WHEREAS, the City of Boynton Beach's Utilities Department requires cured-in-place 15 piping (CIPP) for sewer infrastructure improvements; and 16 WHEREAS, the City's Utilities Department developed specifications to seek a qualified 17 contractor to provide cured-in-place pipelining installation of existing sanitary sewer pipes and 18 service lateral; and 19 WHEREAS, on August 22, 2025, the Purchasing Division issued an Invitation to Bid ("ITB") 20 No. 25-082B for the Sanitary Sewer Gravity Main - CIPP Project (the "Project"); and 21 WHEREAS, Cobra Environmental, Inc. ("Contractor") responded to the ITB by submitting 22 its Bid dated October 24, 2025; and 23 WHEREAS, the City has selected the Contractor to perform construction services related 24 to the Project; and 25 WHEREAS, this work will be completed in the San Castle, Brighton Lakes, and various 26 locations in the western communities of the City of Boynton Beach; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the City's citizens and residents to award ITB No. 25-082B for Sanitary Sewer 29 Gravity Main-CIPP Project, to Cobra Environmental, Inc., approve the Construction Agreement 30 between the City and Cobra Environmental, Inc., in the amount of $599,565, plus an additional 31 10% contingency in the amount of $59,956.50 for staff-authorized change orders to address 32 unforeseen conditions, bringing the total not-to-exceed amount to $659,521.50, and approve a 33 budget transfer to allocate sufficient funding for this project. RESOLUTION NO. R26-010 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 award ITB No. 25-082B for Sanitary Sewer Gravity Main-CIPP Project, to Cobra Environmental, Inc. 40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve a Construction Agreement between the City and Cobra Environmental, Inc., for ITB No. 42 25-082B for Sanitary Sewer Gravity Main-CIPP Project (the "Agreement"), in form and substance 43 similar to that attached as Exhibit A. 44 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 45 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 46 ancillary documents required under the Agreement or necessary to accomplish the purposes of 47 the Agreement, including any term extensions as provided in the Agreement, provided such 48 documents do not modify the financial terms or material terms. 49 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 50 of the City. A copy of the fully executed Agreement shall be provided to Andrew Rozwadowski 51 and Charles Phoenix to forward to the Contractor. 52 SECTION 6. The City Commission of the City of Boynton Beach, Florida, does hereby 53 approve a budget transfer to allocate sufficient funding for this project. 54 SECTION 7. This Resolution shall take effect in accordance with the law. 55 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 RESOLUTION NO. R26-010 58 PASSED AND ADOPTED this (9-0441 day of fll QQI�t,� 2026. .J 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor— Rebecca Shelton 62 63 Vice Mayor—Woodrow L. Hay 64 65 Commissioner—Angela Cruz 66 67 Commissioner—Thomas Turkin 68 69 Commissioner—Aimee Kelley 70 71 VOTE 72 A ES' : t/ 73 74 • • 75 Maylee De a's, MPA, C Rebecca Shelton 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: r c3pYNT0,1)‘‘‘ 79 (Corporate Seal) pFGORppRgT14 • 810 SEAL 19= d7aa/.7Ya/ie • iINCORPORATED:82 1920 ; Shawna G. Lamb 83 ' ; City Attorney % ••......• t1%. FCORION_r r City of Boynton Beach �`y Purchasing Division AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COBRA ENVIRONMENTAL, INC. FOR SANITARY SEWER GRAVITY MAIN — CIPP PROJECT This Construction Contract (the "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 Cobra Environmental, Inc., a Corporation authorized to do business in the State of Florida, with a business address of 15896 Mellen Lane, Jupiter, FL 33478, hereinafter referred to as the "Contractor," (each a "Party" and collectively the "Parties"). WHEREAS, the City of Boynton Beach's Utilities Department requires cured-in-place piping (CIPP) for sewer infrastructure improvements; and WHEREAS, the City's Utilities Department developed specifications to seek a qualified contractor to provide cured-in-place pipelining installation of existing sanitary sewer pipes and service lateral; and WHEREAS, on August 22, 2025, the Purchasing Division issued an Invitation to Bid No. 25-082B (the "ITB") for the Sanitary Sewer Gravity Main - CIPP Project (the "Project"); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated October 24, 2025 (the "Bid"); and WHEREAS, the City has selected the Contractor to perform construction services related to the Project; and, WHEREAS, at its meeting of January alb 2026, by Resolution No. t22t,-010 , the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Contractor shall furnish all construction services necessary for the complete and proper construction of the Project, if not expressly indicated or called for in the Contract Documents (as defined in Article 10 below), and includes all labor, equipment, machinery, tools, materials, manufactured articles, supplies, documents, permits, traffic control, transportation, security, and other services and incidentals, including fuel, power, light, water. sanitary facilities, temporary facilities, and essential communications, and the costs of bonds, insurance, permitting, taxes warranties, general conditions. overhead and miscellaneous costs or expenses, necessary to construct the Project as described in the ITB and shown in the Contract Drawings and described in the technical specifications for the Project, and to fulfill Contractor's obligations under this Agreement as described in the Scope of Work detailed in the ITB (collectively the "Project" or the "Work"). 25-0828 Sanitary Sewer Gravity Mani-CIPP Prosed ' City of Boynton Beach Purchasing Division Article 2. CONSULTANT. Shall mean the City of Boynton Beach, who has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to the 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. Time is of the essence for this Agreement. The Contractor shall proceed with the Work and conform to the Project Schedule attached as Exhibit A. Work shall commence on the date Notice to Proceed is issued by the City and be fully completed in accordance with the General Conditions, with such extensions of time as are provided in the General Conditions (the "Contract Time"). The Work will be substantially completed within Sixty (60) calendar days from the issuance of Notice to Proceed 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 (the "Contract Time"). 3.2 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Conditions. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits, arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed. Those Agreement provisions that. by their nature, survive final payment shall remain in full force and effect. 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 or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty (30)days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City's costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City's costs to finish the Work, the City shall retain the excess. If the City's costs exceed the unpaid balance, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. If the Contractor's Surety is directed or agrees to complete the Work, all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has 25.0828 Sanitary Sewer Gravrty Main-CiPP Protect 2 City of Boynton Beach Purchasing Division been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Agreement, and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City's convenience. 3.4 Contractor Obligations Upon Termination. Upon receipt of written notice from City of termination, Contractor shall: (i)cease operations as directed by City in the notice; (ii)take actions necessary, or that City may direct for the protection and preservation of the Work; (iii)except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps. including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 3.5 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor's performance of this Agreement 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. The Contractor shall pay the City Eight Hundred Dollars and Zero Cents ($800.00) per calendar day for each day or part of a day after scheduled substantial completion, as specified in Paragraph 3.1 that Substantial Completion is not achieved 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 and Zero Cents ($200.00) per calendar day for each day or part of a day that final completion is not achieved after the time specified in Paragraph 3.1 for final completion and readiness for final payment. (the "Liquidated Damages"). The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the 25.0828 Sanitary Sewer Gravity Main-CiPP Project 3 City of Boynton Beach Purchasing Division Contractor shall pay the difference to the City. This obligation for payment shall survive the expiration or termination of this Agreement and final payment. The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor's default and continuation of the Work by City or Surety. The Parties agree that the amounts established in this section are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor's failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties' desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion. or both, on time. These Liquidated Damages shall apply separately to each portion of the Project for which a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 13. Article 4. CONTRACT PRICE. The City agrees to pay the Contractor for the completion of all Work and the Project, and the Contractor will accept, as full compensation for the completion of the Work, a total sum as follows: Based on the Contract Price(s) shown in the Bid Form submitted to the City as may have been subsequently negotiated and as stated herein, a copy of such Bid Form attached hereto as Exhibit B, the aggregate amount of this Agreement (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: Five Hundred Ninety-Nine Thousand Five Hundred Sixty-Five Dollars and Zero Cents ($599,565.00) (the "Contract Price"), subject only to adjustment as provided in the General Conditions. Contingency Funds. All contingency sums are the City's contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement 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 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, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. 25-082B Sanitary Sower Gravity Main-CIPP Protect •. City of Boynton Beach Purchasing Division Contingency. City and Contractor agree that the Project budget shall include City's contingency, which shall be utilized as outlined above. The Contingency shall be 10% or$59,956.50 to account for any unforeseen conditions only approved by the City Manager. Article 5. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. A. The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month. All progress payments will be based on 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. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B. Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed. but. in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine, or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. 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 pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor's Application for Payment and submission of an acceptable updated progress schedule. 5.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: A. Defective Work or material is not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. C. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. D. Damage to the City or another Contractor that remains unresolved. E. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. F. Reasonable evidence that the Work cannot be completed within the schedule. G. Repeated failures to carry out the Work in accordance with the Contract Documents. H. The Contractor is in default of any condition of this Agreement. I. The Contractor fails to submit information required by this Agreement. J. Lapse of Contractor's insurance coverage. K. Claims filed or reasonable evidence indicating public filing of claims by the City or third City of Boynton Beach Purchasing Division parties against the Contractor. L. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. M. Failure of Contractor to provide any document(s) required by the Contract Documents. When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, 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. 5.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent(100%)of the Work) has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work. 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 and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent (150%)of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage. the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 3 above. 5.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final payment shall be forfeited. The City shall provide written notice to the Contractor at least sixty (60) days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedingi. 25.0828 Sanitary Sewer Gravity Main-CiFP Project ii to City of Boynton Beach Purchasing Division 5.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 5.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. Article 6. BONDS, The Contractor shall provide bonds in accordance with Article 5 of the General Conditions. 6.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor's performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: "The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. T e Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, ncluding claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary." 6.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by. or acceptable to, the City, instead of the Public Construction Bond. 6.3 Recording of Bond. Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05, Fla. Stat. 6.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: 25-082B Sanitary Sewer Gravity Maui-CiPP Progect tor _. , 7 City of Boynton Beach Purchasing Division (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance. authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have a 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. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 7. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the "Warranty Period"), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or under the Contractor, improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 8. CHANGE ORDER. Except as otherwise provided in the General Conditions, this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work. It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. Execution of this Agreement by the Contractor is a representation that the Contractor has visited 25-082B Sanitary Sewer Gravity Main-CiPP Protect 8 City of Boynton Beach ^` ^` Purchasing Division the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and review of information furnished by the City to be an adequate investigation. The Contractor represents that the plans and specifications are consistent, practical, feasible, and constructible within the scheduled construction time. The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 10. CONTRACT DOCUMENTS. The term "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which, taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached. 10.1 Contract 10.2 Insurance Advisory 10.3 General Provisions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers / Bidders 10.6 Contractor's Bid (including the Bid, Schedule(s), Submission Requirements of Proposer/ Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 City Construction Standards and Details (available online at: PW Engineering: https:/lwww.boynton-beach.org/760/Engineerinq-Standards-Manual and Utilities Engineering: https://www.boynton-beach.org/691/Utilities-Engineering-Division) 10.9 Technical Specifications / Special Conditions for Construction 10.10 Contractor's Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict, the more specific or more recent document shall control, generally in the order provided above. Article 11. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave 250828 Sanitary Sewer Gravity Main-CIPP Project o City of Boynton Beach Purchasing Division Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If sent to the Contractor, it shall be mailed to: 16 c'1 ;S:- -r rl- E 33418 50-31B-111/ E(,t F►..c, Article 12. JNDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents ('Indemnified Parties"), from and against any and all claims, obligations, liability. expenses, losses, and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work: or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor's indemnification shall be limited to one and one-half (1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties' own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla.Stat., 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 Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 13. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also 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 deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this 25-0828 Sanitary Sewer Gravity Main-CIPP Protect 10 W4. City of Boynton Beach Purchasing Division Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. Article 14. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor 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, 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, 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, the Contractor shall transfer to the City all public records in the Contractor's possession at no cost to the City. All records stored electronically by the Contractor must be provided to the City, upon request from the City's custodian of public records. in a format compatible with the City's information technology systems. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk(a�bblfLUS Article 15. F-VERIFY. The Contractor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat., shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for the Contractor's violation of the statute, the Contractor may not be awarded a public contract for one (1) year after the termination date. Article 16. REPRESENTATIONS OF CONTRACTOR. 16.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the 25-0828 Sanitary Sewer Gravity Main-CIPP Project 1 1 City of Boynton Beach Purchasing Division execution nor performance of this Agreement constitutes a breach of any agreement that the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that execution of this Agreement is within the Contractor's legal powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 16.2 Duly Licensed. The Contractor represents that it is duly licensed to perform the services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 16.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect. It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 16.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 16.5 Non-Collusion. In accordance with Section 838.22, Fla. Stat., the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 16.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex. gender identity or expression. genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 16.7 Entities of Foreign Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual's personal identifying information under this Agreement. The Contractor represents and certifies: (i) the Contractor 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 the Contractor; and (iii) the Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, the Contractor and any subcontractor that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the 25.0828 Sanitary Sewer Gravity Main-GIPP Protect 1? City of Boynton Beach - Purchasing Division City attesting that the entity does not meet any of the criteria in Section 287.138(2), Fla. Stat. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of payment. 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, Fla. Stat. 16.8 Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 16.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Fla. Stat., and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 16.10 Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Contractor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Fla. Stat., and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725. Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 16.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or ;unemployment tax, social security and Medicare tax. wage or hour, or prevailing rate lbws within the past 5 years. 16.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 16.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, appli ble environmental laws, and any other applicable rules, regulations, and permits. T e Contractor bears full responsibility for training, safety, and providing necessary quipment for all Contractor personnel throughout the term of this Agreement. Upon r quest, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 25-082B Sanitary Sewer Gravity Main-CiPP Project 13 City of Boynton Beach Purchasing Division 16.14 Contingency Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for the Contractor, any fee, commission. percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055. Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 16.15 Truth-In-Negotiation Representation. The Contractor's compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor's compensation, including, without limitation, in the negotiation of this Agreement, are accurate. complete. and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor's compensation may be reduced by the City to correct any inaccurate, incomplete. or noncurrent information provided to the City as the basis for the Contractor's compensation in this Agreement. Article 17. LIENS,. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, the Contractor agrees to keep the project, the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City's costs and reasonable attorneys' fees incurred. Article 18. IRON AND STEEL PRODUCTS. If this Agreement is for a "public works project" as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 19. INSURANCE. During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City's Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 20. DEFAULT OF CONTRACT & REMEDIES. 250828 Sanitary Sewer Gravity Main-CIPP Project r A,. ly City of Boynton Beach Purchasing Division 20.1 Correction of Work. If in the judgment of the City, Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the 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 per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 20.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 20.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 20.2.2 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. 20.2.3 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 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. 20.2.4 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. 20.2.5 The making by the 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 apetition 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 l'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. 20.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct the 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 thirty (30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3.3 of 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 the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity, or as otherwise described in the General Conditions. 25-0828 Sanitary Sewer Gravity Main-CIPP Project 15 i City of Boynton Beach Purchasing Division Article 21. 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 Section 768.28, Fla. Stat. Article 22. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed: provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60)consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. Article 23. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation outlined in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall;not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. Article 24. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under 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, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 25. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and Shall not be used by the Contractor for any other purpose without written authorization by thel City. This prohibition shall survive the 25-082B Sanitary Sewer Gravity Main-CIPP Project 16 City of Boynton BeachPurchasing Division completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City's prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7) days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 26. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees, expenses, and court costs through trial and appeal. Article 27. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 28. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment. Article 29. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. Article 30. THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. Article 31. GOVERNING LAW; JURISDICTION; VENUE; LITIGATION. 25-082B Sanitary Sewer Gravity Mam-CiPP Project ' City of Boynton Beach Purchasing Division 31.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined. in accordance with Florida law without regard to conflicts of law provisions. 31.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 31.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE. CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Article 32. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following prder: (1) this Agreement, (2) the ITB; and (3) the Bid. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions oo the various documents. Article 33. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. Article 34. PRIOR AGREEMENTS, AMENDMENTS, ENTIRE AGREEMENT. 25-0828 Sanitary Sewer Gravity Main-CiPP Protect City of Boynton Beach Purchasing Division This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment duly executed by the authorized representatives of the City and Contractor. Article 35. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Article 36. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent of the City, which may be withheld, conditioned, or delayed at the City's sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor's Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not beer}fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 37. NO WAIVER. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 38. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Article 39. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement (the "Effective Date"). The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 25-0828 Sanitary Sewer Gravity Main-CIPP Project '9 City of Boynton Beach 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. CITY OF BOYNTON BEACH, FLORIDA COBRA ENVIRONMENTAL, INC. VShelton, Mayor (Sign. - we a vironmental, Inc. ,)01f1WADate 3 Print Name of Authorized Official Title Approved as to Form: 1 I� ih,,,otogi. 2S�21 DateShawna G. Lamb. City Attorey (Corporate Seal) \\\0 J;R�ON�`.,��. MF. Cr: c,ORPOR4,. ''..1.7.:::- = CO i c°�' SEAL :: ',,,✓(�''•• ..... 'i\,\\NNS ii oi TEIR‘`;‘0, \ Attested/Authenticated: Attest/Authenticated:�� r_Aon I 0,,i — fitness'"---O (Signature), Maylee peSus City Cle Va se1 bumrlPrinName" gOY N Tp;%t • n I SEAL _ , $ :INCORPORATED: i 'i, 1920 • s ; • ' , FLORID '.F. r :s - 25-0828 Sanitary Sewer Gravity Main-CIPP Protect 20 City of Boynton Beach Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF l(;VI ( 6 COUNTY OF Pa[rin P '1L('1 ) The foregoing instrument was acknowledged before me by means of 4hysical presence or online notarization, this 25111 day of N,1 t t , 20 , by TIASh,.1 LUSS , as 4�Y[S t<l�►�t of (t 4yt'tt (i"Vt v-al tvi eo l -tj , a FL• (Cr p• , on behalf of the company. They are personally known to me or have produced as identification. NOTARY PU LIC =' '•'�'""tr KASEY DOWNEY MY COMMISSION#HH 485795 !c••c#:• EXPIRES:March 4.2028 (Name of Notary Typed, Printed, or Stamped) r Commission No. 25.082B Sar,tary Sewer Gravity Main-CIPP Project 21 7). 6 = City of Boynton Beach "7.0e Purchasing Division EXHIBIT A PROJECT SCHEDULE The Work will be substantially completed within Sixty (60) calendar days from the issuance of Notice to Proceed 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 (the "Contract Time"). 25-082B Sanitary Sewer Gravity Main-CIPP Project 22 City of Boynton Beach Purchasing Division EXHIBIT B CONTRACT PRICE BID FORM 25-0828 Sanitary Sewer Gravity Main-COPP Project 23 25-082B - Sanitary Sewer Gravity Main - CIPP Project Opening Date: August 22, 2025 3:10 PM Closing Date: October 24, 2025 3:00 PM Vendor Details Company Name: Cobra Environmental Inc Does your company conduct business under any other name?If FL yes,please state: 15896 Mellen Ln Address: Jupiter, FL 33478 Contact: Justin Lusk Email: justin@cobraenvironmental.com Phone: 561-398-1122 HST#: 26-4468336 Submission Details Created On: Thursday September 25,2025 09:05:47 Submitted On: Thursday October 23,2025 06:47:08 Submitted By: Justin Lusk Email: justin@cobraenvironmental.com Transaction#: 0b758d6b-b3a0-48c8-bee9-76facf918727 Submitter's IP Address: 147.243.183.45 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form". Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No. Description Quantity Unit Unit Price Total IN-1 Indemnification 1 Lump Sum $25.0000 $25.00 Subtotal: $25.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc General Conditions Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No. Description Quantity Unit Unit Price Total GC-1 Mobilization/Demobilization, Bonds, 1 LS $20,000.0000 $20,000.00 Insurance, Permits Subtotal: $20,000.00 Furnish and Install CIPP Rehabilitation Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No. Description Quantity Unit Unit Price` Total A-1 6" Diameter - Sanitary Sewer 730 LF $46.0000 $33,580.00 6.0 mm normal thickness (.236) B-1 8" Diameter - Sanitary Sewer 6700 LF $50.0000 $335,000.00 6.0 mm normal thickness (.236) C-1 10" Diameter - Sanitary Sewer 580 LF $53.0000 $30,740.00 6.0 mm normal thickness (.236) D-1 12" Diameter - Sanitary Sewer 910 LF $57.0000 $51,870.00 6.0 mm normal thickness (.236) Subtotal: $451,190.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Cleaning and Inspection Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No. Description Quantity Unit Unit Price Total E-1 Light Cleaning and Inspection - 0% to 9% or 730 LF $2.2500 $ 1,642.50 LESS ACCUMULATE DEBRIS 6" Diameter E-2 Light Cleaning and Inspection - 0% to 9% or 6700 LF $3.2500 $21,775.00 LESS ACCUMULATE DEBRIS 8" Diameter E-3 Light Cleaning and Inspection - 0% to 9% or 580 LF $3.2500 $ 1,885.00 LESS ACCUMULATE DEBRIS 10" Diameter E-4 Light Cleaning and Inspection - 0% to 9% or 910 LF $3.2500 $2,957.50 LESS ACCUMULATE DEBRIS 12" Diameter F-1 Medium Cleaning and Inspection - 10% to 29% 700 LF $2.2500 $ 1,575.00 ACCUMULATED DEBRIS 6" Diameter F-2 Medium Cleaning and Inspection - 10% to 29% 5500 LF $3.2500 $ 17,875.00 ACCUMULATED DEBRIS 8" Diameter F-3 Medium Cleaning and Inspection - 10% to 29% 500 LF $3.2500 $ 1,625.00 ACCUMULATED DEBRIS 10" Diameter F-4 Medium Cleaning and Inspection - 10% to 29% 910 LF $3.2500 $2,957.50 ACCUMULATED DEBRIS 12" Diameter G-1 Heavy Cleaning and Inspection - 30% or 700 LF $2.2500 $ 1,575.00 Greater ACCUMULATED DEBRIS 6" Diameter G-2 Heavy Cleaning and Inspection - 30% or 6000 LF $3.2500 $ 19,500.00 Greater ACCUMULATED DEBRIS 8" Diameter G-3 Heavy Cleaning and Inspection - 30% or 500 LF $3.2500 $ 1,625.00 Greater ACCUMULATED DEBRIS 10" Diameter G-4 Heavy Cleaning and Inspection - 30% or 910 LF $3.2500 $2,957.50 Greater ACCUMULATED DEBRIS 12" Diameter H-1 Specialty Cleaning - Removal of Hardened 700 LF $3.2500 $2,275.00 Debris, Roots, Grease, Clarification, and Tuberculation 6" Diameter H-2 Specialty Cleaning - Removal of Hardened 6000 LF $3.7500 $22,500.00 Debris, Roots, Grease, Clarification, and Tuberculation 8" Diameter H-3 Specialty Cleaning - Removal of Hardened 500 LF $4.2500 $2,125.00 Debris, Roots, Grease, Clarification, and Tuberculation 10" Diameter H-4 Specialty Cleaning - Removal of Hardened 800 LF $5.0000 $4,000.00 Debris, Roots, Grease, Clarification, and Tuberculation 12" Diameter Subtotal: $ 108,850.00 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Ancillary Services Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Item No. Description Quantity Unit Unit Price* Total I-1 Bypass Pumping Setup 15 DAY $100.0000 $ 1,500.00 1-2 Traffic Control - City Right of Way 15 DAY $1,200.0000 $ 18,000.00 Subtotal: $19,500.00 Summary Table Bid Form Amount Indemnification $25.00 General Conditions $20,000.00 Furnish and Install CIPP Rehabilitation $451,190.00 Cleaning and Inspection $108,850.00 Ancillary Services $ 19,500.00 Subtotal Contract Amount: $599,565.00 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid. We (I)certify that we (I) have read the entire document, including the Specifications,Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Description Response Options Item 1 Company Name Cobra Environmental Inc 2 Address 15896 Mellen Ln. 3 Telephone 561-398-1122 4 City Jupiter 5 State Florida 6 Zip Code 33478 7 Contractor's License CUC1226434 Number 8 Federal Tax ID Number 26-4468336 9 Email address for above Justin@CEFL.co signer 10 Indicate which type of S-Corp Corporation organization from the list in the Options Column Bid Number: 25-082B Vendor Name: Cobra Environmental Inc VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS- Preference may be given to businesses with drug-free workplace programs.Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 1. Inform employees about the dangers of drug abuse in the workplace, the business'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. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 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) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Description Response Item 1 I Hereby Acknowledge the Drug Free Information Above and Will Yes Abide by Everything in this Section. BIDDER'S QUALIFICATION STATEMENT Line Description Response Item 1 How many years has your organization been in 10 Years business under its present name? 2 If Vendor is operating under Fictitious Name, submit NA evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business American Rooter Plumbing & Cobra Jet Drain Cleaning Company Inc operated? Also list former address(es) of that 13475 150th Ct N. Jupiter, Fl 33478 business, if any. 6671 W. Indiantown Rd. Ste 50-253 Jupiter, Fl 33458 4 Have you ever been disbarred or suspended from NO doing business with any govemmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to YES submission package. 6 Has your company ever declared bankruptcy? If Yes, NO explain. Bid Number: 25-082B Vendor Name: Cobra Environmental Inc SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, 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, nor 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 CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Description Response* Item 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 r. Yes Information Above and Will Abide by Everything Outlined in this Section. r No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Description Response* Item 1 I Hereby Acknowledge the E-VERIFY Information Above and Will r. Yes Abide By Everything in this Section. r No Bid Number: 25-082B Vendor Name: Cobra Environmental Inc FIRM'S PRIMARY OWNERSHIP Line Item Description Response 1 Does your firm employ more than 50 persons (including full-time and part-time No employees) 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your No firm for the past three years greater than $9 million? 4 Which of the following best describes the gender of your firm's primary owner Male (at least 51% ownership) 5 Which of the following best describes the ethnicity of your firm's primary Caucasian owner (at least 51%) 6 Please select the current certification your firm holds: (Note: Proof of None Certification must be included in Document Upload Section) 7 Indicate the agency or agencies that have granted the certification to your firm. None PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded Contractor, 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Description Response Item 1 I Hereby Acknowledge the Palm Beach County Inspector General Yes Information Above and Will Abide by Everything in this Section. REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Company Name Legal Address" Contact Name* Phone Number° Email Address Item 1 City of Boca Raton 1401 Glades Rd. Benjamin Kisielewski 561-289-0733 bkisielew@myboca.us Boca Raton FL 33431 2 City of Bartow 300 E Church St Corbett Watson 863-209-5297 cwatson.pw@cityofbartow. Bartow, FL 33830 net 3 City of Pinellas Park 6250 82nd Avenue North Ryan Mendrala 727-369-5623 rmendrala@pinellas- Pinellas Park, FL park.com 33781 4 City of Riviera Beach 800 West Blue Heron Joseph Jackson 561-543-5409 JJackson@rivierabeach.o blvd. rg Riviera Beach FL 33404 5 Baxter & Woodman 477 S Rosemary, Ste Rick Adams 561-351-3451 RAdams@baxterwoodma 228,W Palm Beach, FL n.com 33401 Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined)or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder/Proposer shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders/ Proposers shall not indicate "TBD" (To Be Determined) or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. F By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s)and the Bidder shall perform the project with their "OWN FORCES". Line Work to be Performed %Total Contract Contractor License Subcontractor Name/Address Subcontractor Phone/Email Item No. 1 2 3 4 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1)document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 25-082B Vendor Name: Cobra Environmental Inc • Non Collusive Affidavit&Acknowledgement- Non Collusion Affidavit Signed.pdf-Sunday October 12, 2025 10:17:43 • Scrutinized Companies and E-Verify Affidavits -Scrutinized Company and E Verify.pdf-Sunday October 12, 2025 10:16:26 • Bid Bond and Bid Bond Acknowledgement-Bid Bond PKG.pdf- Sunday October 12, 2025 10:18:55 • Foreign Entity Ownership Affidavit&Anti Human Trafficking Affidavit-Foreign Entity Affidavit.pdf- Sunday October 12, 2025 10:19:22 • Litigation and Legal History Disclosure Requirement& Litigation History Form -Anti Human Trafficking.pdf-Sunday October 12, 2025 10:19:35 • Proof of State Certified or County Competency Licenses - license8907176.pdf-Tuesday September 30, 2025 12:28:42 • Florida State Business Registration -Sunbiz .pdf-Thursday September 25, 2025 11:30:32 • Certificate of Insurance-COl.pdf-Tuesday September 30, 2025 14:05:43 • IRS Form W-9 -fw9 2025.pdf-Thursday September 25, 2025 11:24:04 • Anti Kickback Affidavit&Trench Safety Act Affidavit-Anit Kickback and Trench Safety.pdf- Sunday October 12, 2025 10:21:54 • Additional Document(optional) Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 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. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 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. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-082B Vendor Name: Cobra Environmental Inc 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s)or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor 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 Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-082B Vendor Name: Cobra Environmental Inc As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder'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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer 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. 3.18.5 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. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty(30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Bid Number: 25-082B Vendor Name: Cobra Environmental Inc Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant 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, 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 Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor's possession. All records stored electronically by the 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. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 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. r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Justin Lusk, President, Cobra Environmental Inc The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 25-082B Vendor Name: Cobra Environmental Inc I have reviewed the File Name below addendum and Pages attachments(if applicable) Addendum No.7-Sanitary Sewer Gravity Main -CIPP Project rJ 166 Fri October 17 2025 02:53 PM Addendum No.6-Sanitary Sewer Gravity Main -CIPP Project 1 Mon October 13 2025 12:09 PM Addendum No.5-Sanitary Sewer Gravity Main-CIPP Project l 32 Thu October 2 2025 03:22 PM Addendum No.4-Sanitary Sewer Gravity Main -CIPP Project 1 Fri September 26 2025 11:22 AM Addendum No.3-Sanitary Sewer Gravity Main -CIPP Project 1 Mon September 22 2025 11:04 AM Addendum No.2-Sanitary Sewer Gravity Main-CIPP Project Tue September 9 2025 08:29 AM 18 Addendum No. 1 -Sanitary Sewer Gravity Main -CIPP Project Thu September 4 2025 01:21 PM Bid Number: 25-082B Vendor Name: Cobra Environmental Inc ------i ... .. .. - of— / (.,t Sr COBRA irJ ENVIRONMENTAL prit� . 4,,�"q1 Ir 'Yk101 4 ,1 Cobra Environmental Inc 15896 Mellen Ln Jupiter FL 33478 561-398-1122 Justin@CEFL.co 10/31/2025 Cobra Environmental Inc .� 15896 Mellen Ln COBRA Jupiter FL 33478 ENVIRONMENTAL Cobra Environmental has successfully completed cipp projects for multiple municipalities and private communities totaling over 1,500,000 Linear feet installed. Below are just a few. • City of Boca Raton FL • City of Boynton Beach FL • City of Oakland Park FL • City of Ft Lauderdale FL • Broward County Utilites • District 5 FDOT Volusia County • District 5 FDOT New Smyrna • FDOT District 7 Bradenton • Collier County Public Works • City of Edgewater • City of Ft Pierce • BNSF Railroad Lincoln Nebraska • Nettles Island, Jensen Beach • Holiday Out, Jensen Beach FL • Natalie Estates Stuart FL • City of Riviera Beach FL • City of Plantation FL • City of Bal Harbor FL • City of Miami Beach FL • St Lucie County FL • City of Jacksonville FL • City of Orlando FL • City of Wildwood FL • City of Bartow FL • City of Lakeland • City of Tampa • Orlando International Airport • Town of Davie FL • City of Ft Meyers FL • City of Pembroke Pines FL • City of Delray Beach FL • City of Tampa FL • Broward County Treatment Plant • City of Pinellas Park FL Justin Lusk President Cobra Environmental Inc Manufactured Technologies Corporation l� JJ 17988 Edison Avenue•St. Louis, MO 63005 (636)530-3330•manufacturedtechnologles.com Manufactured Technologies Corporation - - September 20, 2017 RE: COBRA ENVIRONMENTAL—CERTIFIED INSTALLER OF MTUBE® To Whom It May Concern, I am writing this letter on behalf of Manufactured Technologies Corporation, an AEGION company,to confirm that our organization is in its 12th year of operation as a material supplier for the cured-in-place pipe (CIPP) industry. Since our inception, we have supplied more than 10 million linear feet of coated felt tube to certified installers across North America such as Cobra Environmental of 15896 Mellen Ln, Jupiter, FL 33458 and we are proud to call them our customer. If you should have any additional questions, please do not hesitate to contact me at your convenience. I am available at (636) 530-3355 or mwetzel@aegion.com. Best regards, Mark Wetzel Senior Director, MTC DISCLAIMER OF WARRANTY: AS INSTALLATION CONDITIONS(INCLUDING, AMONG OTHERS, PIPE TYPE &CONDITION,GROUNDWATER DEPTH & TEMPERATURE,DEPTH OF COVER&SOIL TYPE,LIVE LOADS,SITE ACCESS AND WEATHER)AND INSTALLER EXPERIENCE,TECHNIQUES AND TYPE OF EQUIPMENT VARY GREATLY,MTC EXCLUDES ANY WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,WITH RESPECT TO THE GOODS SOLD HEREUNDER AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR USE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS. MTC HAS NOT PROVIDED ANY DESIGN SPECIFICATIONS OR COMPUTATIONS,AND ACCORDINGLY,MTC DOES NOT WARRANT THE DESIGN .14 ' .F0 Matt Linton 06/19/2025 NOF-1750356929-2409-114736 0 6/1 9/2 0 2 7 NOF-1750356929-2409-114736 06/19/2025 06/19/2027 Matt Linton 11111111.111111111 PACP I LACP I MACP Version 8 N CERTIFICATE NAISCO OF COMPLETION PROUDLY PRESENTED TO Matt Linton Certification Number: P0053336-032025 Expiration Date: 3/20/2028 c;Asseo e, 4,(LP') q.P� ,LO0 ZaoCN kola, trIti.-• . aON�. raSheila Joyr,' ��y a'' / J,v y NA ''1b3� LN� ,,1��3� yN 1tf3� LN3Executive Director Note:The individual Is not an employee or partner of NA$SCO.The btdhrid al admowledages and aims that NASSCO does not supervise or control the indivtduaI and that NASSW shall not he.respolathle for any acts or ornlasloro of the indMdrteL 1IV ze- COBRA .! ENVIRONMENTAL �• Drniart rnnc*r.,r*inn - Rofpronra PROJECT NAME: CITY OF BARTOW 2022 Collection System Rehabilitation COBRA JOB #: 2022-090 OWNER: City of Bartow Contact: As Sub for Envirowaste Services Grout) Address Corbet Watson Assistant Public Works Director PH # 863-534-7088 FX # Email cwatson.pw@cityofbartow.net Duration: 3 Total Days Start February 2022 Schedule Compliance: Yes Finish Ongoing MSA Cost: Original Final $ Budget Compliance: Yes Project Description: Pre-Clean and cctv 8" & 10" 25,000LF of Sanitary Sewer pipe. Install CIPP in sanitary sewer and reconnect laterals internally. Provide post installation inspection videos to the client. Prnjert manager-Kaccy Dnwney Project SupPrintPndentc - Matthew 1 intnn Dnwney ' COBRA lig ENVIRONMENTAL it.74 Project Construction - Reference PROJECT NAME: City of Boca Raton 2017-004 Wastewater Collection System Rehabilitation COBRA JOB #: Group #'s 1-10 OWNER: CITY OF BOCA RATON FL Contact: JIMMY GEORGIEVSKY Address 1401 GLADES RD BOCA RATON FL PH # 561-239-3061 FX Email JGeorgievski@ci.boca-raton.fl.us Duration: 50 Total Days Start MAY 12 2018 Schedule Compliance: Yes Finish Ongoing MSA Cost: Original Final Ongoing MSA Budget Compliance: Yes Project Description: Pre-Clean and cctv 8,10,12,15,18" 312,127LF of Sanitary Sewer pipe. Install CIPP in sanitary sewer and reconnect laterals internally. Provide post installation inspection videos to the client. Key Project Personnel: V Ow \ V 0 �tON NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE State of FLORIDA County of PALM BEACH JUSTIN LUSK . being first duly sworn, deposes and says that 1) He/She is PRESIDENT of COBRA ENVIRONMENTAL INC , 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 non-responsive 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 1 HIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE relationship described herein shall be reason for termination of bid or award. whichever is applicable. with no time to cure NAME RELATIONSHIP Witnesses: ' BIDDER: .1. /. A ' • _, AP . Typed name- Name: JUSTIN L •1'tsh a j. - i _ ��.•Ilt�' Title: (PRESIDENT Typed name: STATE OF r- 4 ( 45:1-4.., ) COUNTY OF eat w- 6.41t_ The foregoing instrument was acknowledged before me, by means ofphysical presence or 0 online nota, 3 day of 0 ej 6 3L/ , 203S—by cJ(Lt f, .A (_1.k_ V-- , who is sonally k n to me or who has produced as identification. Subscribed and sworn to before me This ?J day of 20 t)-S--(..-.4...\ S TRACY FELNET N ry Publignature)(. i ,- ..,otary Public,State of Florida } �' —a Commission#HH 688981 My Commission Expires: J 1" �vMy comm.expires Aug.21.2029 THIS PAGE IS TO BE SUBMI1 TED ALONG WITH 1 HE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE • 44. n e CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 10 BE COMPLETED AND UPLOADED ONLINE JUSTIN LUSK , on behalf of COBRA ENVIRONMENTAL INC certify Print Name and Title Company Name that COBRA ENVIRONMENTAL INC 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 Vendor of the City's determination concerning the false certification The Vendor 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 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 Florida Statute §287.135. 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 s 215.473. or are engaged in business operations in Syria As the person authorized to sign on behalf of the Vendor. I hereby certify that the company identified above in the section entitled 'Vendor 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 /��— COBRA ENVIRONMENTAL.INC COMPANY NAME SI AT itrgaTIOP JUSTIN LUSK PRESIDENT PRINT NAME TITLE /0/3/20 DATE The foregoing instrument was acknowledged before me, by means of 'physical presence or ❑ online C.'� notarization, this _ day of lQ L ; —-, , 20 J by L k. k t , L 1k5 who is •-rsonally k owh to me or who has produced as identification. Subscribed and sworn to before me This day of 0 Ckti- . . 2025 r .OPAA Notary • blic(•••n.ture) ��,.. ,� TRACY FELMET I $ Notary Public,State of Florida ''wI` Commission-St H Commission-St 688981 My comm.expires Aug.21,2029 My Commission Expires: I p J vy M1rGI+ P E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AND UPLOADED ONLINE Project Name: Sanitary Sewer Gravity Main-CIPP Project Solicitation No.. ITB 25-082B 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. "SUB-CONTRACTOR-means a person or entity that provides labor, supplies. or services to or for a CONTRACTOR or another SUB-CONTRACTOR 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 SUB-CONTRACTORS to provide an affidavit attesting that the SUB-CONTRACTOR 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. 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 s. 448.09 (1) Fla Stat.. the contract shall be terminated. b) If the City has a good faith belief that a SUB-CONTRACTOR knowingly violated s. 448.095 (2), but the CONTRACTOR otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the CONTRACTOR and order the CONTRACTOR to immediately terminate the contract with the SUB-CONTRACTOR. 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: Cobra Environments-c _ 1 Authorized Signature: �/1 Print Name: Justin Lus WNW Title President Date: 09/25/2025 , Phone: 561-398-1122 STATE OF F O ( t ct_A-- ) COUNTY OF P c`t w- I u4-- The foregoing instrument was acknowledged before me by means of -physical presence or online 6: notarization, this day of ip.c - S, by JJlLkS t t`\ L1S "Z3n behalf of 0...() [v`V k v'C yv vv`4----`4 she is sa ally own to le or has produced as identification --- . in a N TA Y PUBLIC r. oG TRACY FELMET 4 r(�. �P 1 1�-� ok Notary Public,State of Florida (Name of Notary T ed, Printed or Stamped) Commission#HH 688981 '�^'' My comm.expires Aug.21,2029 0 t 0--e-LI D I t L Title or Rank t-t N 4. Q 'i Serial number, if any CERTIFICATE AS TO CORPORATE PRINCIPAL 1.-U 311— , certify that I am the Secretary of the Corporation named as Principal in // the within bond;that ��'SZ ,' (ASK— who signed the such Bid Bond on behalf of the Principal,was then 712E 5 19t, r.rl of such Corporation;that I know their signature,and their signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corpora iioi,aylautilpfi of its " governing ��Ro body. �� Ai •.• tiJ Secr:ta (CmporategR A7;., 0 ., SEAL • STATE OFUCARKA Michigan ) v2•.. • 0\ COUNTY OF XLxf �§ Oakland ) -1/ , (TER, I.0\\\\\� Before me, a Notary Public duly commissioned, qualified and acting, personally appeared by means of X physical presence or online notarization Angelo G. Zervos to me well known, who being by me first duly sworn upon oath, says that they are the Attorney-in-Fact, for the Old Republic Surety Company and that they have been authorized by Old Republic Surety Company to execute the foregoing bond on behalf of the VENDOR named therein in favor for the City of Boynton Beach. CA-A k, COURTNEY SAUNDERS Notary Public,State of Michigan County of Wayne My Commission Expires 03.02-2032 Acting In the County of T 1F BID BOND STATE OF FLORIDA COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS, that Cobra Environmental, Inc as Principal, and Old Republic Surety Company , 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 FIVE PERCENT OF BID AMOUNT Dollars ($ 5% ) 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 September 25,20 25 ,for: Sanitary Sewer Gravity Main -CIPP Project ITB No 25-082B NOW THEREFORE, A If the principal shall not withdraw such Bid within(120)calendar days after date of opening of the same, and shall within ten (10)business days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the City 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 lime specified,if the principal shall pay the City the difference between the amount specified in such Bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect,otherwise to remain In full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this 25th day of _September ,2025, being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership,two(2)Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Cobra Environmental, Inc Name of Firm WITN \ \ � A � •• . •.ti Egractit ` Q: OFtPORgl .fir Sign. :• f:r(affixett§ial) U SEAL .: C) E President V Title S� ��,••,IR ....•••' w\\` ' TE , \ 15896 Mellen Ln. Business Address Jupiter, FL 33478 City and State SURETY: Old Republic Surety Company Corporate Surety AttorAey-in-Fact(affix seal) Angelo G. Zervos B PO Box 1635 • $� Business Address Milwaukee, WI 53201 City and State Z@NOS Insurety Services _ Name of Local Insurance Agency I 1Y 0, • m \4. 0. u roN O CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: 25-0826 Vendor: Cobra Enviromental, Inc Name: Justin Lusk Address: 15896 Mellen Ln. city/state: Jupiter, FL ZIP: 33478 Phone: (800) 652-9077 Bond Amount: FIVE PERCENT OF BID AMOUNT (5%) SURETY BOND COMPANY: Name: Old Republic Surety Company Address: PO Box 1635 city/state: Milwaukee, WI ZIP: 53201 Phone: (262) 797-2640 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. September 25, 2025 .4t , Date Agen and Attorney-in-Fact Angelo G. Zervos • °O. rr m \ 1t i1 ,.. r r,n M AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned. on behalf of the entity listed below("Entity"). hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138. Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity_ (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: §287.138(2)(c), Florida Statutes) 4 The undersigned is authorized to execute this affidavit on behalf of Entity. Date: 14 I , 20 D 5 Signed: /j��� Entity. Cobra Environmental Inc Name: Justin Lusk w.' Title President STATE OF FlC (t (L:- COUNTY OF eco ,•- ck LA-- The foregoing instrument was acknowledged before me, by means of fk physical presence or D online notarization, this 3 day of t Ctt LA--c . 20 ?-c-, py J u`S1 t.^ Lt�S K as Ire s r ti!--e-,•--i- for C c b G- .. V kr c vs w-elv-* r , who i p rsonall -known to me or who has produced _ as identification ' 1 Notary Public Signature: : State of Florida at Large (Seal) Print Name. l Yc�e� F(J M . . v o TRACY FELMET My commission expires. _�- % Notary Public,State of Florida 'jai: My HH 688981 My comm.expires Aug.21,2029 AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, Ole undersigned. on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury that Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled 'Human Trafficking." I Date I 20 5 Signed: r� �_ Entity Cobra Environmental Inc Name, Justin Lusr�� Title: President STATE OF F to (t cLt.. COUNTY OF P . The foregoing instrument was acknowledged before me, by mens of 4-physical presence or El online notarization, this 3 day of C C 1u> , 20 ')S by JuST\n L.u_'S K . as for , who' r nown to me or who has produced as identification. PSNotary Public Signature State of Florida at Large (Seal) Print Name: ----(Ca-c..1 c-t • • TRACY FELMET My commission expires: V la I I ':!ie NotaryCommissioPublicn#,StateHH of Florida688981 "--"' My comm.expires Aug.21,2029 pec_., y� i9TF� Ron DeSantis, Governor Melanie S. Griffin, Secreta a., .,____ ..„.... . -_ Secretary _ Florida t, -1111:-", "� y ` 4a° STATE OF FLORIDA a C � ..,C00 It' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTIONMUURy LICENSING BOARD THE UNDERGROUND UTILITYEXCA'CATION-CQyHEREIN CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FL ' DA STATUTES iii _24 =-.. .,',1,1 .:: z--- .=_- _ •.. ii, 4iir 11:-.71:"41441. rr 'lC:rT - • / i, i rami � ' ' . . - sin• • L TO 1 MATTiligkHEW DONAL,' ', COBRA ENVIfONMENTAL INC 'Ib: 0110 15886 MELLEN LANE ` ,'. *JUPITER FL 33478 * /it. .,„ "A>.......,-_-_-_. .ii, .....' : I LICENSE N a'' omparc 'A' r. ' 34 is EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com Q,• ; 3 ❑■ ISSUED: 09/15/2025 =L a} '• ,.'.1 Do not alter this document in any form. � ' a This is your license. It is unlawful for anyone other than the licensee to use this document. 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Sea v Emile tiamalletrair Detail by Entity Name Florida Profit Corpora0on COBRA ENVIRONMENTAL INC Filing Information Document Number P09000023404 FELEIN Number 26-4468336 Date Flied 03/13/2009 State FL Status ACTIVE Last Evert AMENDMENT Event Data Filed 02/062020 Event Effective Date NONE PAncloal Address 15896 Mellen Ln Jupiter.FL 33478 Changed,03/17/2021 Milling Address 15896 Msibn Ln Jupter.FL 33478 Chrped:02/112025 @pla(arad Assent Name 8 Addrana LUSK.JUSTIN A 15896 Wen Ln Joplin.FL 33478 Name Changed'02/06/2020 Andres.Changed'03/172021 Qtardialeecleatetall Nam.&Address Etle PST.CEO LUSK.JUSTIN 15896 Mellen Ln Jupiter,FL 33478 TAe Dulcin Downey.Justin 697 SW Kayak St Port SI Lucie.FL 34963 Tip.Seminary Downey.Kasey 697 SW Kayak SI Port St Lucie.FL 34953 Annual Report' Report Veer Flied D.9. 2023 01/23/2023 2024 01/12202/ 2025 02/11/2025 Document Images 22/21/2025_-MN_ /A/OLEO/;I View imago In PDF bnnat 21/12/2024 WiNSJAL BECORT %kw 91919.19 PDF edrrot 21232023-ANNUAL RF PORT New 4n.90 In PDF lomat 21/17/2022-ANNUAL RE PORT Vim Image In PDF boost 03/172021-ANNUAL REPORT Vi...Wig.In PDF fennel 97/062020-Amoncmenl View Mata in PDF lomat Q1,14i7020-ANNUAL RF PORT View Imp.In PDF kunst 21114,12014=M1IUAL REPORT Blew Wwge In PDF lomat 011162016,ANNUALREPORI New Image WPM lomat 51/11/7017--ANNUAL RFPORT blew Wap.In PDF lomat 10.27/2016-Amegitmool view Meg.in PDF formal 061152016-AmeAneM Vow Wap.W POF fomes 511152010-ANNUAL RF PORI Vim linage W PDF lomat 0120/2015-Name Charm Woo Wes.W PDF lomat 21496/2015-ANNUAL RE PORT View Wage In PDF brined__J 091/02014-AmerMment Now Ylfap.W PDF lomat 0128/7014-ANNUAL REPORT Now.Imp.4.PDF brtra1 01222013-ANNUAL REPORT Vlnv Wage In PDF b0rl.t 02/012012-ANNUAL REPORT New Im.g.In PDF lomat 91/1977011-REINSTATEMENT blew image In PDF forret 031301309-Domestic Pad Nw Inag.W PDF lomat Previous On I lit 9.18 On Lar Ret+m to I St lobe er..rronmenu1 Sea,,, Ennis Name.tlist71y -----"I1 COBRENV-01 CEMERY ACCPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4..------ 9/30/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1CONTACT Angelo Z@NOS NAME: Zervos Insurety Services PHONE FAX 4443 Lyons Road,Suite D-212 (MC,No,Ext):(248)2784067 (A/C,No): Coconut Creek,FL 33073 E-MAIL AngeloiizerVosins.com INSURER(S)AFFORDING COVERAGE NAIC I , ------------ - INSURER A:Continental insurance Company 35289 INSURED INSURER B:National Fire insurance Hartford 20478 Cobra Environmental Inc INSURER c:Navigators Specialty Insurance Company 36056 6671 West lndiantown Road,Suite 50-253 INSURER 0: Jupiter,FL 33458 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR TYPE OF INSURANCE ADM SUER POLICY NUMBER POLICY EFF POLICY EXP LIMBS LTR SD IIND IMM/DDNYYYI IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 ' CLAIMS-MADE X]OCCUR X 6076477778 2/28/2025 2/28/2026 p M SEs E occurrence) $ 100,000 X Contractual MED EXP(Any one person) $ 15,000 X X,Cr U PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 1 POLICY X 5Ea LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ COMBIB MitlIg BantiED SINGLE LIMIT—3 AUTOYOBkE LIABILITY 1,000,000 X ANY AUTO X 6076477750 2/28/2025 2/28/2026 BODILY INJURY(Per person) $ _ OWNED SCHEDULED _ AUTOSRE� ONLY AUTOS pBpRORDILY INJURYp (Per accident) $ _ X AUTOS ONLY X AUOTOS ONLDY (Perraaccldent)_ GE –3 _ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1,000,000 EXCESS UAB CLAIMS-MADE X 6076477800 2/28/2025 2/28/2026 AGGREGATE _3 1,000,000 1 DED X RETENTION$ 0 S B WORKERS COMPENSATION XOTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE Y/N x 6076477795 2/28/2025 2/28/2026 500,000 OFFICER/MEMBER EXCLUDED? N I NIA E.L EACH ACCIDENT $ (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A 1L&R Equip 6076477778 2/28/2025 2/28/2026 $100,000 C Pollution Liability NY25ECPX00479NC 2/28/2025 2/28/2026 =1M/$2M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Boynton Beach is additional insured for general liability,automobile liability and umbrella liability as respects to work performed by the named insured under written contract.Coverage is primary and non-contributory. A waiver of subrogation applies for workers compensation coverage in favor of the additional insured 30 day notice of cancellation applies,10 days for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 100 E.Ocean Ave. — - Boynton Beach,FL 33435 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Departmentof the Treasury send to the IRS. IntemalRevenueService •Go towww.irs.gov/FormW9forinstructionsandthelatestinformation. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. COBRA ENVIRONMENTAL INC 2 Business name/disregarded entity name,if different from above `o 3 Check appropriate box for federal tax classification of theperson whose name is entered on line 1.Check onlyone of the 4 Exemptions(codes apply onlyb P PPY following seven boxes. certain entities,not individuals;see co n instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation 13 S Corporation ❑ Partnership ❑ Trust/estate single-member LLC (if code payee Exemptany) • c ao ❑ Limited liability company.Enter the tax classification(C=C corporation.S=S corporation,P=Partnership)• `p 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner.Do not check Exemption from FATCA reporting • m ( code(if any) if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is y) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions) U.S.) � (applros to accounts meintemon outsrae the U.S. N 5 Address(number,street,and apt.or suite no.)See instructions Requester's name and address(optional) a 15896 Meilen LN cn 6 City,state,and ZIP code JUPITER FL 33478 _ 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other – - entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN, later. or Note: If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 2 6 - 4 4 6 8 3 3 6 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S. person(defined below);and 4. The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions,item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of 4411.0 Here U.S.person - = Date 01/01/2025 1 General Instructi• • Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an • Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number • Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption - Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return. Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might • Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No.10231X Form W-9 (Rev.10-2018) Y "J� I '2'014 0 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 of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: //oi/l-� Clip ATURE STATE OF ,l crtdb... ) COUNTY OF r` ,1 n..- Q 0cl.), The foregoing document was acknowledged before me, by means of rphysical presenceor ❑ or}line notarization, this day of DC "ub --� , 20 by �,] t�.S"i" t .• i,�t,L.S k- , as 'r-e S ► clt w1- of Cbrc- 4..,✓ ,(V vK aM _ �_ is .-rso - "I'm,n• • n to me or who has produced as i.e- i ica ion. Sworn and subscribed before me this '5 day of e C , 2025 Printed Information: Justin Lusk NAME President (.....t.v (),. ., TITLE ci_ \ k- NOTA Y P41IC, State of Florida at Large Cobra Environmental Inc r-iII COMPANY rA- "OFFICIAL NOTARY SEAL" STAMP �'qr 4,, TRACY PELMET iq ,. Notary Public,State of Florida ir—:: Commission#HH 688981 �a My comm.expires Aug.21,2029 i 0 %,e-_,. .-c„ e TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards The Proposer, by virtue of its signature below, affirms that it is aware of this Act. and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES. NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE' THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer ,aiiiiiree Autho ' ed • - .. . .: • roposer `COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS. Description Unit Quantity Unit Price Extended Price Method 0-10' DEPTH LF 1 5.00 5.00 10-20' DEPTH LF 1 5.00 5.00 OVER 20'DEPTH LF 1 5.00 5.00 SHORING METHOD SF 1 5.00 5.00 LITIGATION AND LEGAL HISTORY DISCLOSURE REQUIREMENT A.Scope of Disclosure All Proposers must disclose all "material" litigation, claims, legal proceedings, or cases—whether filed, pending, or resolved—during the last five (5) years prior to the solicitation response due date. This requirement applies to: 1. The proposing firm/entity 2. Any parent company, subsidiary, or predecessor organization of the Proposer 3. All principals, owners, officers, directors, or partners of the Proposer 4. Any proposed subcontractors or subconsultants who will perform work under this contract 5. All companies in which the Proposer, or any principal/officer/director thereof, has held an ownership interest or has been listed as a Registered Agent or Officer/Director in the Florida Division of Corporations (SUNBIZ) B. Definition of"Material" Cases A case is considered "material" if it relates, in whole or in part, to any of the following: 1. A similar type of work that the Proposer is seeking to perform for the City under this solicitation 2. An allegation of fraud, negligence, errors and omissions, malpractice, or breach of fiduciary duty against the Proposer or any of its principals or agents who would be performing work under this solicitation 3. The Proposer's default, termination, suspension, failure to perform, or improper performance in connection with any public or private contract 4. The financial condition of the Proposer, including any bankruptcy petition (voluntary or involuntary), receivership, or insolvency proceedings 5. Any criminal proceeding or administrative hearing concerning business-related offenses in which the Proposer or its principals (including officers and directors) were/are defendants or respondents 6. Any cases involving the City of Boynton Beach and Proposer, its principals or agents, or any of the Proposer's proposed subcontractors or subconsultants C. Entity Identification Requirements For the Proposer and each affiliated entity subject to disclosure under Section A above, provide the following information: 1. Company Legal Name 2. Florida Division of Corporations Document Number(SUNBIZ) 3. Federal Employer Identification Number(FEI/EIN) 4. Authorized Persons: Full names and titles of all corporate officers and directors, including President (P), Vice-President (V), Director (D), Trustee (TR), Chairman or Chief Executive Officer (CEO), Secretary (S), and Treasurer (T). If any individual holds multiple positions, indicate each title. Include all surnames and married names for accurate identification. 5. Copies of all Amendments filed with the Florida Division of Corporations (SUNBIZ) reflecting any changes in officers, registered agent, or other material changes 6. Current SUNBIZ Status (must be "Active") 7. Principal Business Address 8. Mailing Address (if different) 9. Registered Agent Name and Address D. Litigation Disclosure Requirements For each material case identified under Section B, the Proposer must provide the following information using the Litigation History Form attached: 1. Party name(s) and relationship to Proposer 2. Case number, case name, and date filed 3. Name of court or administrative tribunal and jurisdiction 4. Type of case (bankruptcy, civil, criminal, administrative) 5. Nature of the dispute or allegations 6. Current status or final disposition 7. Copy of any judgment, settlement agreement, or final order Confidentiality: Redactions of confidential portions of settlement agreements are permitted only upon certification by the Proposer that such redactions are required under the express terms of a pre-existing confidentiality agreement or provision. E.Joint Ventures and Subcontractors 1. If the Proposer is a joint venture, the disclosure requirements apply to the joint venture entity and each constituent member of the joint venture. 2. The Proposer must disclose any and all material cases that exist between the City of Boynton Beach and Proposer, its principals or agents, or any proposed subcontractors or subconsultants during the last five (5)years. F. Compliance and Verification 1. The City reserves the right to audit and verify SUNBIZ records, court records, and other public filings to confirm compliance with this requirement. 2. All information will be verified by the Procurement Division and presented to the evaluation committee as part of the evaluation process. 3. The City will consider a Proposer's litigation history in its review and determination of responsibility. 4. The entity MUST maintain "Active" status in SUNBIZ to be eligible for contract award. G. Consequences of Non-Disclosure 1. Failure to disclose any material case as defined herein, or failure to identify all affiliated entities and provide all requested information, may result in the Proposer being deemed non-responsive and disqualified from consideration. 2. Discovery of any omission, incomplete disclosure, or misrepresentation after contract award may result in immediate contract termination and/or pursuit of other legal remedies available to the City. 3. All disclosures and any omissions will be presented to and reviewed by the evaluation committee. H.Timing of Submission The completed Litigation History Form(s) must be submitted with the Proposer's initial response. If not included with the initial submittal, the Proposer must provide the completed form(s) within three (3) business days of the City's request. Failure to comply within the stated timeframe may result in the Proposer being deemed non-responsive. CERTIFICATION STATEMENT By signing below, the undersigned affirms under penalty of perjury that: 1. All information provided in response to this Litigation and Legal History Disclosure Requirement is true, complete, and accurate to the best of their knowledge. 2. The undersigned has disclosed all material cases and all affiliated entities as defined in this requirement. 3. The undersigned has disclosed all companies in which they, or any partner, principal, officer, or director of the proposing entity, have held ownership interest or have been listed as a Registered Agent or Officer/Director in the State of Florida (SUNBIZ) during the applicable disclosure period. 4. The undersigned understands that failure to fully disclose such information, or the discovery of any omission or misrepresentation, may result in immediate disqualification, contract termination, and/or other remedies as determined by the City. ®There are no material cases to disclose for this Proposer. O Material case(s) are disclosed in the attached Litigation History Form(s). Authorized Signature: ` Printed Name: Justin Lusk Title: President Date: 11/03/2025 CITY OF BOYNTON BEACH LITIGATION HISTORY FORM INSTRUCTIONS: The completed form(s) must be returned with the Proposer's submittal. If not provided with the submittal, the Proposer must submit within three (3) business days of the City's request. Proposer may be deemed non-responsive for failure to fully comply within stated timeframes. Complete one form for each material case.Attach additional forms as necessary. DISCLOSURE STATEMENT(check one): ®There are no material cases for this Proposer; OR ❑ Material Case(s) are disclosed below and on attached forms PROPOSER INFORMATION: Proposer Legal Name: COBRA ENVIRONMENTAL INC Florida Division of Corporations Document Number(SUNBIZ): P09000023404 Federal Employer Identification Number (FEI/EIN): 2 6 - 4 4 6 8 3 3 6 Is this for a: (check type) If Yes, name of Parent/Subsidiary/Related Entity/Predecessor: ❑ Parent, El Subsidiary, ❑ Other Or No ❑ Related Entity, or Cl Predecessor Firm? Party Case Number, Name, and Date Filed Name of Court or other tribunal Type of Case Bankruptcy ❑ Civil El Criminal ❑ Administrative/Regulatory❑ Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending ❑ Settled ❑ Dismissed ❑ Relationship to City Solicitation (Attach copy of any applicable Judgment Proposer's Favor❑ Judgment Against Proposer❑ Judgment, Settlement Agreement and Satisfaction If Judgment Against, is Judgment Satisfied? El Yes ❑ No of Judgment.) Opposing Counsel Name: Email: Telephone Number: Proposer Name: City of Boynton Beach Procurement Division, Revised: October 2025 10/28/25,2:27 PM DBPR-LINTON,MATTHEW DONALD;Doing Business As:COBRA ENVIRONMENTAL INC,Certified Underground Utility and Ex... THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION 3 ti rtment of Business HOME CONTACT US MY ACCOUNT &Professional Regulation ONLINE SERVICES LICENSEE DETAILS 2:27:29 PM 10/28/2025 Apply for a License Licensee Information Verify a Licensee I Name: LINTON, MATTHEW DONALD(Primary Name) View Food& Lodging Inspections COBRA ENVIRONMENTAL INC (DBA Name) I Main Address: 13001 40TH LN N File a Complaint WEST PALM BEACH Florida 33411 County: PALM BEACH Continuing Education Course Search License Location: 15886 MELLEN LANE View Application Status JUPITER FL 33478 County: PALM BEACH Find Exam Information Unlicensed Activity Search License Information AB&T Delinquent Invoice&Activity License Type: Certified Underground Utility and Excavation List Search Contractor Rank: Cert Under License Number: CUC1226434 Status: Current,Active Licensure Date: 05/22/2025 Expires: 08/31/2026 Special Qualification Effective Qualifications Construction 09/15/2025 Business Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road,Tallahassee FL 32399 :: Email:Customer Contact Center::Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright©2023 Department of Business and Professional Regulation-State of Florida.Privacy Statement Under Florida law,email addresses are public records. If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact https://www.myfloridalicense.com/LicenseDetail.asp?SID=Bid=D8A4B11 C97FCFACOD623E6C080A37B21 1/2 Alaska i MI Ki\--- ill . i ti jiMilif 4 rp"' ,.Pli! .. i se ©Mapbox C OSM .... itp - l'," 1. l Hawaii E-Verlfy Hiring Sites Q 1 416,140 C Mapbox C OSM 1 0 I vap.ox o•pen reetMap Map based on search tool's full data set Data refreshes every day at midnight Color shows Total Hiring Sites by State Map will act as a filter to the table Search Filters [Table Only filter-Table data shows records by Last Updated Date in descending order and default filtered to show employers enrolled this year] Business Name[Input Employer's legal name or DBA name] Industry Type Contains"Cobra Environmental" All Account Status Opted into E-Verify+ State/Territory Date Enrolled[Select last 30 years for all data] Open se No All 01/01/2023 to 12/31/2025 Terminated .' Yes Total Records Filtered: 1 E-Verify Participating Employer List Opted Last Updated Doing Account into Date Date Workforce Hiring Site , Date Employer Business As Status E-Verify+ Enrolled Terminated Size Locations /2023 ,i Cobra Environmental Inc Cobra Envi.. Open No 1/23/2023 1 10/28/25,2:25 PM Detail by FEI/EIN Number DIVISION OF CORPORATIONS 1/151011 UJ �� . rg CJs?PDf__) I`)" I/07 an official State of Florida I«b,Nr Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation COBRA ENVIRONMENTAL INC. Filing Information Document Number P09000023404 FEI/EIN Number 26-4468336 Date Filed 03/13/2009 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/06/2020 Event Effective Date NONE Principal Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 03/17/2021 Mailing Address 15896 Mellen Ln Jupiter, FL 33478 Changed: 02/11/2025 Registered Agent Name&Address LUSK, JUSTIN A 15896 Mellen Ln Jupiter, FL 33478 Name Changed: 02/06/2020 Address Changed: 03/17/2021 Officer/Director Detail Name &Address Title PST, CEO https://search.sunbiz.ore/Inquiry/CorporationSea rch/Search ResultDetai l?inquirytype=FeiN umber8directionType=l nitia l&search NameOrder=264468336... 1/3 10/28/25,2:25 PM Detail by FEI/EIN Number LUSK, JUSTIN 15896 Mellen Ln Jupiter, FL 33478 Title Officer Downey, Justin 697 SW Kayak St Port St Lucie, FL 34953 Title Secretary Downey, Kasey 697 SW Kayak St Port St Lucie, FL 34953 Annual Reports Report Year Filed Date 2023 01/23/2023 2024 01/12/2024 2025 02/11/2025 Document Imagea 02/11/2025—ANNUAL REPORT View image in PDF format 01/12/2024—ANNUAL REPORT View image in PDF format 01/23/2023—ANNUAL REPORT View image in PDF format 01/17/2022—ANNUAL REPORT View image in PDF format 03/17/2021—ANNUAL REPORT View image in PDF format 02/06/2020—Amendment View image in PDF format 01/14/2020—ANNUAL REPORI View image in PDF format 01/14/2019—ANNUAL REPORT View image in PDF format 01/16/2018--ANNUAL REPORT View image in PDF format 01/11/2017—ANNUAL REPORT View image in PDF format 10/27/2016--Amendment View image in PDF format 08/15/2016--Amendment View image in PDF format 01/15/2016—ANNUAL REPORT View image in PDF format 01/26/2015—Name Change View image in PDF format 01/06/2015—ANNUAL REPORT View image in PDF format 99/15/2014—Amendment View image in PDF format 02/28/2014—ANNUAL REPORT View image in PDF format 01/29/2013--ANNUAL REPORT View image in PDF format 02/09/2012--ANNUAL REPORT View image in PDF format 01/19/2011—REINSTATEMENT View image in PDF format J 03/13/2009--Domestic Profit View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?i nquirytype=FeiNumber&directionType=1 nitial&search NameOrder--264468336... 2/3 10/28/25,2:25 PM Detail by FEI/EIN Number Florida Depart,., ..).. .. ., ... https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui rytype=FeiN umber&directionType=l nitial&sea rch NameOrder=264468336... 3/3 ATTACHMENT "A" The City of Boynton Beach O GST ' � �� DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beach,Florida 33435 tp \ (P):561-742-6271 I(F):561-742-6274 0 VENDOR INSURANCE REQUIREMENTS — PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury,Personal Injury,and Advertising Injury • SI,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes.Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable. AMERI(1A'S GATEWAY TO THE GETLFSTREANI For any Contractor who has exempt status as an individual, the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees,volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risks Coverage must be afforded in an amount not less than 100% of the total project cost,including soft costs,with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized,pressurized,or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage,and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy,the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date,which should be the same date of the initial contract or prior. 1. The City shall be named as an Additional Insured on all liability policies,with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' AMERICA'S GATEWAY TO THE GULFSTREAM Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach,FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible,co-insurance penalty,or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. lithe Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City,its officials,employees,or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition,Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident(occurrences)associated with this Contract,shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GITLFSTREAM ATTACHMENT "B" SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1)all Contracts: (2)all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either "marginal" or "unsatisfactory"even when this is not within the normal review cycle. In the event the Average Rating Score is "marginal"or "unsatisfactory"even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores(Line 11)for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Evaluation Period 0 Interim El Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8(the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning&Approach 0 1 0 2 ❑ 3 El 4 El 5 2. Staff Capability 0 1 ❑ 2 0 3 0 4 0 5 3. Staff Effectiveness 0 1 0 2 0 3 ❑ 4 0 5 4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 0 5 5. Promptness of Deliverables/Milestones/Reports 0 1 ❑ 2 0 3 El 4 0 5 6. Report and Drawings Quality ❑ 1 0 2 0 3 0 4 0 5 7. Quality of Work Completed 0 1 ❑ 2 0 3 0 4 0 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 0 2 0 3 0 4 0 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score(Total row 9.) 11. Average Rating Score(Divide line 10 by the number 8.) In Lines 12 through 21, provide any additional detail, as deemed necessary,to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20.Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: ❑ Yes ❑ No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: D Yes ❑ No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over$ and reason: ❑ Yes ❑ No 4. Contractor strengths: 5. Contractor weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-contractor utilization: 10. Currently recommend firm for future contracts/work orders of this type?If"No"or"Possibly",an explanation must be provided in Line 22 below. 1 0 Yes Project Manager(sign) Date Section Administrator(sign) Date 0 No ❑ Possibly 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8)on Page 1 -explain marginal/unsatisfactory performance; if either"No"or "Possibly"apply to Question 21, an explanation must be provided here.Additional sheets may be attached if necessary. Number Remarks CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks Evaluation Number/Score: Comments: Running Average Score: Procurement Representative(sign) Date Other Required Approval (sign) Date