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R19-0091'. 1E 1i 1E 1� 2( 21 2: 2; 2,9 2' 2E 21 2E 2E 3( RESOLUTION NO. R19-009 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF Bid NO. 002-2413- 19/IT TO ROSSO SITE DEVELOPMENT, INC., FOR SARA SIMS PARK LANDSCAPE AND IRRIGATION IMPROVEMENTS IN THE AMOUNT OF $345,216.98 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $34,521.70 FOR A TOTAL ESTIMATED AMOUNT OF $379,738.67 AND AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH ROSSO SITE DEVELOPMENT, INC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 25, 2018, Procurement Services issued a bid for "Sara Sims Park Landscape and Irrigation Improvements" with a non -mandatory Pre -Bid Meeting held on October 31, 2018 to review the project with interested and qualified contractors; and WHEREAS, on December 3, 2018, Procurement Services opened bids from five (5) bidders and after reviewing the five (5) bid submittals, Staff has recommended the project be awarded to Rosso Site Development, 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. 002-2413-19/IT to Rosso Site Development, Inc., for Sara Sims Park Landscape and Irrigation Improvements in the amount of $345,216.98 plus a 10% contingency in the amount of $34,521.70 for a total estimated amount of $379,738.67 and authorize the. City Manager to sign a Contract with Rosso Site Development, 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\IOD6B8B5-8F5F-4454-8131-AEB 19E545567\Boynton Beach. 14424.1.RES0_-Award_Bid_and_Contract to_Rosso_Site_Dev_for_Sara_Sims_Park_Landscape.docx - 1 - 3111 adoption. 32 33 34 35 36 37 38 391 40 41 42 43 44 45 46 4,' 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of Bid No. 002-2413-19/IT to Rosso Site Development, Inc., for Sara Sims Park Landscape and Irrigation Improvements in the amount of $345,216.98 plus a 10% contingency in the amount of $34,521.70 for a total estimated amount of $379,738.67 and authorize the City Manager to sign a Contract with Rosso Site Development, Inc., a copy of which is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this �S_�'day of G{ R 19. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Christina L. Romelus Commissioner — Mack McCray 1� Commissioner — Justin Katz Commissioner — Aimee Kelley / VOTE 'J ATTEST: Judit . Pyle, CMC City lerk (Corporate Seal) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\lOD6B8B5-8F5F-4454-8131-AEB19E545567\Boynton Beach. 14424,I.RESO-Award_Bid_and_Contract to_Rosso_Site_Dev_for_Sara_Sims_Park_landscape.docx -2- i _6v SUBJECT TO REVISIONS PRIOR TO SIGNING CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 1St" day of JGnuary , 2019, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and ROSSO SITE DEVELOPMENT, INC. a Florida Corporation LL),) 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$345,216.98 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 December 3, 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 LANDSCAPE AND IRRIGATION IMPROVEMENTS Bid Number: 002-2413-19/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: $345,216.98. 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, 1 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 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. 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 2 City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 CONTRACT TIME 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project on or before June 1, 2019. 3.2 Time is the essence throughout this contract. Contractor must obtain Substantial Completion of the Work by May 1, 2019 and Final Completion on or before June 1, 2019. 3.3 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in Paragraph 3.2, pus approved time extensions, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining Work within the deadline stated in Paragraph 3.2, plus approved time extensions thereof, Contractor shall pay to City the sum of $1,000 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.4 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3 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 4 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 5 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. 6 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 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. 7 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, 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 8 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. 9 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. 10 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@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. 11 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. DATED this 31dayof J( a,,,` 2019. CITY OF BOYNTON BEACH ROSSO SITE DEVELOPMENT, INC.: i 'A-4--.241. _________ By _.0_— _ Lori LaVerriere, City Manager .100 (Print Name and Title) Approve s to F rm: ( 1 ,. Jam s A. Cher 4Attorney Attest/Authenticated: n x Judy Py , Citi Irk o4, 4)41 STATE OF FLORIDA COUNTY OF Pc tr isj BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared_5\4cid , and acknowledged He/She 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 FORGOING, I have set my hand and official seal in the State and County aforesaid on this 2 2 day of sy)rt 2019. / ) /i ''TARY PUBLIC nsrs My Commission Expires: 0q ,20)y yr_ h 6f ,A,t t.!C ,. <-. L -< ::.3,412,',:313 12 WARRANTY The undersigned, a1 a�Y '� hereby agrees for a period of one (1) year from the date here damages resulting from the work conveyed to the City of Boynton repair any defect or pursuant to that certain Bill of Sale or Plans dated Jul Zo'g Beach (the "City"), defect in the materials or workmanship. The undersigned, upon noticewhich is result t, a shall make the foregoing repairs as soon as reasonably of such defect, already been made by the City, the undersigned, upon e possible or, if such repairs have reasonably incurred by the City in the making of such repairs, of evidence of the costs same to the Ci p s, shall forthwith refund City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, shall have no liability hereunder in the event that the repairs result fromrthe udersigned City to properly maintain same or misuse or abuse (except, however, nothing the gfconture i the herein shall be construed to release the undersigned from liabilityforof damage contained caused by acts of the undersigned or its employees or agents in on withor defect completion by the undersigned of the project), necfion the Date• . - D.b -2O l`i 4 WC. Vice President -� Sit Name of Company } (CORPORATE SEAL) WARR-1 STATE OF FLORIDA ) SS: COUNTY OF pcktm v _aLN I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared B\cu r S i rn Florida Corporation and general partner of 'R.ps t)C.-VeAT f-t. A Florida limited partnership, 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. Notary Public, State of Florida My Commission Expires:p rbkYa. .1uGs 1.Eirrxs NOTA :Y Fu' is 1 IA TF OF FLG`'IDA rc 19u19 'Sg ras O 19 WARR-2 ROSSO-3 OP ID:DWI Akies CCPRCECERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYW) 01/22/2019 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(les)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 ri.hts to the certificate holder in lieu of such endorsemen $. PRODUCER 954-776.2222 altTACT Brown&Brown of Florida,Inc. r PHONE — _ __ 1201 W Cypress Creek Rd#130 (A/C,,No,EMt 954-776-2222 �A/C,No):954-776-4446 P.O.Box 5727 oA�iss _ Ft.Lauderdale,FL 33310-5727 — _ Nicholas A.Leto ._ INSURERISI AFFORDING COVERAGE NAIC S I INSURER A:Everest National Ins.Co. 10120 INSURED Rosso Site Development Inc, ,_iNsyRER 8:Ohio Security Insurance Co24082 1302 South J St ER Federal Insurance Co._ Lake Worth,FL 33460 INs RER C: 20281 _IURER D:Bridgefield Casualty Ins Co+ 10335 I 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, (LTR I TYPE OF INSURANCE_ IDOL STOW POLICY NUMBER - ITIPOLICY EFF POLICY EXPILED — — 110mo/Y_rm lMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY i Ili 1,000,000 CLAIMS-MADE ri(OCCUR EACH OCCURRENCE $ Y ICF4GL01007181 11/08/2018 11/30/2019 DAMAGE TO RENTED 100,000 MED EXILAny one person) ,$ 5,000 J __ I I PERSONALBADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: 2,000,000 POLICY I X JRO- 7 LOC ! 1_1 GENERAL AGGREGATE $ ECT I ! 1 PR DUCTS-COMP/OP AGG $ 2,000,000 OTHER: Emp Ben. I$ j 1,000,000 B AUTOMOBILE LIABILITY I r I COMBINED SINGLE LIMIT i 1,000,000 (Fa acrident) X ANY AUTO BAS1858340406 11/30/2018 11/30/2019 L800ILY INJURY(Per person $ OUS ` CHEDUULED AUTOS SCHEDULED I � INJURYjeeraccident $X IED X NED (PeeOcEDeY tDAMAGEHONLY NUTOSO i$ $ UMBRELLA LIAB OCCUR - EACH OCCURRENCE . $$ EXCESS LIAB CLAIMS-MADE j I,AGGREGATE I DED RETENTION$ —�� I i D WORKERS COMPENSATION ( PER I OTH- $ AND EMPLOYERS'LIABILITYNNN I X. STATUTE I_ ER ANY PROPRIETOR/PARTNER/EXECUTIVE 019647827 01/15/2019 01/15/2020 I 1,000,000 FFICER/MEMBER EXCLUDED? I I NIA i I El,EACH ACCIDENT $ If yes,describe under ( ndatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below 1 000 00 E.L.DISEASE-POLICY LIMIT $ , 0 C Equipment Floater 45470435 11/30/2018 11/30/2019Leased& 1 Rented 350,000 I DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Reference:Sara Sims Park Landscape and Irrigation Improvements City of Boynton Beach is an additional insured-with respect to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION BOYNTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Quantum Blvd Ste 101 Boynton Beach,FL 33426 AUTHORIZED REPRESENTATIVE 1 ," ../".. .:".43" ----... 1, ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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