R19-0081
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RESOLUTION NO. R19-008
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN AWARD OF BID NO. 036-2413-
18/IT AND AUTHORIZING THE CITY MANAGER TO SIGN
A CONTRACT WITH CERRITO ELECTRIC, INC., FOR
SARA SIMS PARK ELECTRICAL IMPROVEMENTS IN
THE AMOUNT OF $511,774.00 PLUS A 10%
CONTINGENCY IN THE AMOUNT OF $51,177.00 FOR A
TOTAL ESTIMATED AMOUNT OF $562,951.40; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 22, 2018, Procurement Services issued a bid for "Sara Sims
Park Electrical Improvements" with a Mandatory Pre -Bid Meeting held on August 29, 2018
to review the project with interested and qualified contractors; and
WHEREAS, on October 26, 2018, Procurement Services opened bids from two (2)
bidders and after reviewing the two (2) bid submittals, Staff has recommended the project be
awarded to Cerrito Electric, Inc. as the lowest, responsive, responsible bidder; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award
Bid No. 036-2413-18/IT to Cerrito Electric, Inc., for Sara Sims Park Electrical Improvements
in the amount of $511,774.00 plus a 10% contingency in the amount of $51,177.00 for a total
estimated amount of $562,951.40 and authorize the City Manager to sign a Contract with
Cerrito Electric, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
CAProgram Files (x86)\neevia.comldocConverterPro\tempWVDC\35DFAE30-A8FB-4FE4-ADIF-FE636A25E6DI\Boynton
Beach. 14317.I.Award Bid and Contract to Cerrito Electric for Sara Sims Park - Reso.docx
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Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award of Bid No. 036-2413-18/IT to Cerrito Electric, Inc., for Sara Sims Park
Electrical Improvements in the amount of $511,774.00 plus a 10% contingency in the amount
of $51,177.00 for a total estimated amount of $562,951.40 and authorize the City Mariager to
sign a Contract with Cerrito Electric, Inc., a copy of which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this ��`day of A 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Aimee Kelley
VOTE
ATTEST:
�-d4- 4-� Z� I
A. Pyle, CMC
(Corporate Seal)
C ,Program Files (x86)\neevia.Xo dq*6nverterPro\temp\NVDC\35DFAE30-A8FB-4FE4-ADIF-FE636A25E6D1\Boynton
Beach. 14317. I.Award_Bia_an& L'antract to_Cerrito_Electric_for_Sara_Sims_Park_-_Reso.doex
-2-
008
SUBJECT TO REVISIONS PRIOR TO SIGNING
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 28th day of January, 2019, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and
CERRITO ELECTRIC, INC.
a Florida Corporation ( Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
hereinafter called "CONTRACTOR".
WITNESSETH that under the due procedure of law, bids were heretofore received by the City
Commission of said City for the performance of work and supplying materials, hereinafter
described, and said Commission having canvassed said bids, had determined that the bid in the
total amount of $511,774.00 submitted by the aforementioned CONTRACTOR was the best and
most desirable bid submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants
contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated October 26, 2018, which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does agree
to furnish the necessary labor, tools, equipment, materials and supplies, etc., and
to perform all the work provided in the bid, contract documents, bond documents,
plans and specifications for:
Bid Title: SARA SIMS PARK ELECTRICAL IMPROVEMENTS
Bid Number: 036-2413-18/IT
the City of Boynton Beach, Florida, all of which are incorporated herein by
reference price as specified in CONTRACTOR'S bid in the amount of:
$511,774.00.
2.0 SCOPE OF SERVICES
2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the conditions and
prices as stated in the contract, General Conditions for Construction, and
Supplementary Conditions for Construction, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory matter thereof as
contained in the bid, contract documents and specifications for the project.
2.2 All the work and labor performed under this contract shall be performed, and all of
the material furnished shall be, in strict conformity with said plans and
specifications, and CONTRACTOR accepts and consents to the conditions
contained in said plans and specifications and expressly agrees to comply with
every requirement
and stipulation therein contained to be performed by the party
y
p
contracting to do said work.
2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in the
office of the City Engineer of the City and strictly in accordance with the
specifications, general stipulations and plans which are hereby referred to and
made a part of this contract, as well as to the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions which
may be given by the City Manager or his authorized representative, at and for the
prices herein plainly set forth.
2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty
work or materials which may appear within one (1) year after completion of the
contract and receipt of final payment. CONTRACTOR shall make the necessary
corrections within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and
about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be supplied by CITY.
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2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or portion
is completed and ready for use, leaving the same in a neat and presentable
condition.
Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project will not be made until the site is satisfactory to the CITY.
2.8 The CONTRACTOR shall at all times observe and comply with the provisions of
the charter, ordinances, codes and regulations of the City of Boynton Beach,
Florida.
2.9 Upon completion of the work, the City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the City Engineer is so
satisfied, he shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment application to
City Commission for review and vote to formally accept the project. The right of
3.5 CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with City Engineer in writing, the names of subcontractors as originally proposed
for principal parts of work, and for such others as City Engineer may direct.
Contractor shall not employ and that City Engineer may, within a reasonable time,
object to as incompetent or as unfit.
4.0 PROTECTION OF EXISTING FACILITIES
4.1 The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also all
pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and
every one of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance.
4.2 The CONTRACTOR shall assume full responsibility and expense for the protection
of all public and private property, structures, water mains, sewers, utilities, etc.,
both above and below ground, at or near the site or sites of the work being
performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having charge of any property or utilities owned by the
CITY and to other owner or owners of public or private property or utilities when
they shall be affected by the work to be performed under the contract, and shall
make all necessary arrangements with such department, departments, owner or
owners for the removal and replacement or protection of such property or utilities.
5.0 INDEMNIFICATION
5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause
of action of whatsoever kind or nature arising out of error, omission or negligent
act of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements,judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
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incorporated in this original bid, which constitutes the contract sum payable by the
CITY to the CONTRACTOR, specific additional consideration sufficient to support
this obligation of indemnification provided for in this paragraph. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Florida Statute 725.06.
5.3 The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well as
the insurance provisions which are set forth herein. However, the indemnification
provision, and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct from the other.
5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any
offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
6.0 PAYMENT BY CITY
6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the
specifications.
7.0 CHANGES IN THE WORK
7.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made in
writing at the time such change is ordered.
7.2 All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be
allowed.
7.3 The General Contractor and all of his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work under
the Contract:
7.3.1 Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
7.3.2 Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
7.3.3 No claim for extra work will be allowed unless and until authority for same
by written Change Order has been obtained from the City Manager or the
City Commission of Boynton Beach, if necessary, which authorization will
be signed by the Mayor.
7.3.4 Changes in the work directed in writing by the CITY'S Representative under
the following procedures shall become a part of the Contract by a written
Change Order.
7.3.5 Information regarding changes in the work involving claims to the CITY for
additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY'S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
7.4 The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the following
procedures before a written Change Order is issued:
7.4.1 By such applicable unit prices, if any, as are set forth in the Contract except
in those cases where increases in quantities exceed fifteen (15) percent of
the original bid quantity and the total dollar change of that bid item is
significant in the opinion of the Engineer, the unit price shall be subject to
review to determine if a new unit price should be negotiated; or
7.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the CONTRACTOR; or
7.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead,
materials, supplies, equipment and other services necessary to complete
the work plus fifteen (15) percent to cover the cost of general
overhead and profit. For all labor and foreman in direct charge of the
authorized operations, the CONTRACTOR shall receive the current local
rate of wages to be agreed upon in writing before starting such work, for
each hour said labor and foreman are actually engaged thereon. An upper
limit of total cost and of profit shall be agreed upon and shall not be
exceeded unless approved by the CITY.
7.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to
enable the Engineer to determine the necessity and
reasonableness of costs and amounts proposed and the
allowability and eligibility of costs proposed.
7.4.3.2 The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, accumulation and segregation of allowable and
unallowable Change Order costs.
7.4.3.3 Where it is indicated that the Contract is federally or State assisted,
the CONTRACTOR'S attention is directed to the applicable rules
and regulations relative to cost principles which must be used for
the determination and allowability of costs under grant.
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7.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
7.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general office expenses.
7.4.3.6 In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5) percent of the subcontractors' cost not
including subcontractors' profit.
7.4.3.7 For special equipment and machinery such as power driven pumps,
concrete mixers, trucks, and tractors, or other equipment, required
for the economical performance of the authorized work, the
CONTRACTOR shall receive payment based on the agreed rental
price for each item of equipment and the actual time of its use on
the work provided that the rental price shall not exceed the current
rates published by the Equipment Guide Book Company in the Blue
Book, "Rental Rates for Construction Equipment". Rate shall be
daily, weekly or monthly as appropriate.
7.4.3.8 Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted daily records shall be made, signed by the
4 CONTRACTOR and the Engineer and one copy retained by each.
7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
7.10 No Field Change Directive or Change Order shall be authorized by the Project
Manager if the Contractor has added language to the Field Change Directive or
Change Order or to any cover letter, e-mail, facsimile, or other written document
which accompanies the Field Change Directive or Change Order in which the
contractor attempts to reserve any future right or claim arising out of the work which
is the subject of the Field Change Directive or Change Order.
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8.0 INSURANCE
8.1 The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the CITY,
covering the work contracted and all operations connected herewith, and
whenever any of the work in the contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance requirement
schedule included in the bid documents and naming the City of Boynton Beach as
an "Additional Insured" with respect to General Liability.
8.2 Required insurance shall be documented in a certificate of insurance which
provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days
in advance of cancellation, nonrenewal or adverse change. Contractor agrees to
furnish policies if Certificate of Insurance is not acceptable.
8.3 The CONTRACTOR shall take all necessary precautions to prevent the generation
of loud, unnecessary noise in conjunction with his operations at the work site.
Internal combustion engines used with construction equipment shall be equipped
with mufflers, as required by the Code of the City of Boynton Beach, and the
CONTRACTOR shall comply with all requirements of this Code as they pertain to
prevention of noise. No pile driver, excavating or other construction equipment,
4 pneumatic hammer, derrick, the use of which is attend by loud or unusual noise,
shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written
permission of the City Manager, and then only in case of emergency.
9.0 GUARANTEE AND WARRANTIES
9.1 All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
10.0 TERMINATION OF CONTRACT
10.1 If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
bankrupt; if a general assignment of his assets be made for the benefit of his
creditors; if a receiver should be appointed for the CONTRACTOR or any of his
property; if at any time the Engineer shall certify in writing to the City Manager that
the performance of the work under the contract is being unnecessarily delayed or
that the CONTRACTOR is willfully violating any of the conditions, provisions, or
covenants of the contract, plans or specifications, or that he is executing the same
in bad faith or otherwise not in accordance with the terms of the contract; if the
work be not fully completed within the time named for its completion or within the
time to which such completion date may be extended; or if other just causes exist,
the City Manager may serve ten (10) days' written notice upon the CONTRACTOR
of the intent to terminate the contract for the CITY and if the CONTRACTOR shall
not, prior to the effective date of termination set forth in such notice, take such
measures as will, in the judgment of the City Manager, ensure the satisfactory
performance of the work, the City Commission and the City Manager may declare
the contract terminated on the effective date specified in such notice, or any date
subsequent thereto. In the event of such termination, the City Manager shall notify
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the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect
such notice and stop work and cease to have any right to the possession of the
ground and shall forfeit his contract. Upon such termination, the City Manager shall
provide the Surety with written notice of the CITY'S action and the Surety shall
within ten (10) days of receipt of said notice remedy the default or the Surety shall
as expeditiously as possible:
10.1.1 Complete the contract in accordance with its terms and conditions, or
10.1.2 Obtain a bid or bids for completing the contract in accordance with its terms
and conditions, and upon determination by Surety and the CITY of the lowest
responsible bidder, make available as work progresses (even though there should
be a default or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price", as
used in this paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments thereto, less the
amount properly paid by CITY to CONTRACTOR.
11.0 CONTRACT CONTROLS
11.1 The subject contract between the CITY and the CONTRACTOR shall supersede
any and all documents executed between the parties relative to the project. In the
event of any inconsistencies, the terms, provisions and conditions set forth in the
subject contract shall supersede all other documents and shall be controlling.
12.0 TIME OF ESSENCE
12.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined program,
all such time limits are of the essence of the contract.
13.0 REMEDY FOR DELAY
13.1 In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party, or delay caused
by weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the project.
No monetary damages shall be claimed or awarded to CONTRACTOR in
association with any delay in the project caused by an act or omission of the CITY,
its agents or employees.
13.2 Failure on the part of CONTRACTOR to timely process a request for an extension
of time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
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13.3 All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction.
13.4 For the purpose of this section the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Engineer, project manager and
consulting Engineers.
14.0 PUBLIC RECORDS
14.1 Sealed documents received by the City in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida
Statutes 119.07.
14.2 The City of Boynton Beach is a public agency subject to Chapter 119, Florida
Statutes. 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, Contractor shall transfer to the CITY, at
no cost to the CITY, all public records in Contractor's possession All
records stored electronically by Contractor must be provided to the CITY,
upon request from the CITY's custodian of public records, in a format that
is compatible with the information technology systems of the CITY.
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E. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
JUDY PYLE, CITY CLERK
3301 QUANTUM BOULEVARD,
SUITE 101
BOYNTON BEACH, FLORIDA,
33426
561-742-6061
PYLEJ(a?BBFL.US
15.0 SCRUTINIZED COMPANIES - 287.135 and 215.473
15.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a
boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will
not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to 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 to terminate the contract and
seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
d
DATED this 28th day of January, 2019.
a
CIT OF BOYNTON BEACH CONTRACTOR. /iv
41) .X . e — .- ,�
/01°
Lori LaVerriere, City Manager
, oma J. Cerrito Secretar /Treasurer
(Print Name and Title)
Approved s to Fo'r
il
1 /,Jame-v• . Cher•; , C. y Attorney
Attest/Authenticated:
cl,
Judy Pyle, CityCle
STATE OF FLORIDA
COUNTY OF Palm Beach
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements personally appeared Thomas J. Cerrito, and acknowledged He executed
the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the
instrument is His/Her act and deed.
IN WITNESS OF THE FOREGOING, I have,e/my ha d - d o 'cial seal in the State
and County aforesaid on this 28th da of Janu.r . is .
Nur
: 4': RHONDA DUNKER
MY COMMISSION#FF904089
' ;, EXPIRES July 28,2019 NOTARY PUBLIC
i 407)34-0'53 Flatdallota ryService.can
My Commission Expires:
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WARRANTY
The undersigned,
hereby agrees for a period of one (1) year from the date hereof, to repair any defect or
damages resulting from the work conveyed to the City of Boynton Beach (the "City"),
pursuant to that certain Bill of Sale or Plans dated which is result of a
defect in the materials or workmanship. The undersigned, upon notice of such defect,
shall make the foregoing repairs as soon as reasonably possible or, if such repairs have
already been made by the City, the undersigned, upon receipt of evidence of the costs
reasonably incurred by the City in the making of such repairs, shall forthwith refund
same to the City. Anything herein to the contrary notwithstanding, the City shall have
the sole obligation to perform all maintenance required. Accordingly, the undersigned
shall have no liability hereunder in the event that the repairs result from the failure of the
City to properly maintain same or misuse or abuse (except, however, nothing contained
herein shall be construed to release the undersigned from liability for damage or defect
caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date:
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By: E„,,....,‘,.,...
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President
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Name f Company
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(CORPORATE SEAL)
WARR-I
STATE OF FLORIDA )
Q SS:
phtio
COUNTY OF �J-CI�� )
I, HEREBY CERTIFY that on this da before me, an o . er duly authorized to take
acknowledgements, personally appeared OSA() rt-e_ a r-rt) , Florida
Qtts 1 bonT - i 1iCor oration and �-of C (J— rr��)��NcUG�.
Florida tmrkg ersk , to me known to be person described in and who executed the
foregoing instrument and he acknowledged before me that he executed the same for the
uses and purposes therein expressed.
2,,:, k4:,.... RHONDA DUNKER‘‘
� IV MY COMMISSION#FF904089
'�� EXPIRES July 28,2019I �`
1407).......SJ PardaNataryservico.can Not:ry Public, 'tate of Florida
IMy Commission Expires:
W'ARR-2
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OFF ORIDA
COUNTY O T Vrn 6e4C4
, being first duly sworn, deposes and says as f ows:
He isS " / "geVi L of C i1 n !f_) JN.lc d frL ea rp G
,� (Title) (Name of Corporation or Firm)
I
a f )--(7(/-1 0 ?T \\L "
corporation which is naked in Construction Contract dated the
__ dayof ( ) , 20�I, between said corporation as the
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CONTRACTOR and the City of Boynton Beach, Flori aeras the�WNER, for the construction of
SW Si m 5 41L_ 1hletall mE I�-DJ Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Periodical Estimate for
Payment dated , passes to the Owner at the time of payment free and clear
of all liens, and all laborers, material men and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical
Estimate for Payment.
This statement under oath is given in compliance with Section 713.06 -rids Statutes.
..afii/2
Affiant
brif an• l''subbed before me this q
•ay if 0 20 (.
Iili / ° Lai� 4a.
Notary Public, State of lorida atc arge
My Commission expires:
(COAL)
414'4., R ONDA DUNKER
MY COMMISSION#FF904089
' ;5,• ',', EXPIRES July 28.2019
1407)i9'84-0-53 FiondalloteryService corn
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