R19-081 RESOLUTION NO. \Q — O \
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVE THE RANKING AS RECOMMENDED BY
5 THE SELECTION COMMITTEE AND AUTHORIZE THE CITY
6 MANAGER TO SIGN AGREEMENTS WITH THE FOUR (4) TOP
RANKED PROPOSERS TO ESTABLISH A PRE-QUALIFIED LIST
8 OF VENDORS IN RESPONSE TO RFQ NO. 028-2821-19/MFD
9 "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR
0 UTILITY CONSTRUCTION SERVICES" FOR UTILITY
PROJECTS UP TO $300,000; AND PROVIDING AN EFFECTIVE
DATE.
5 WHEREAS, on May 21, 2019, the City opened a total of eleven (11) submittals for
6 RFQ No.028-2821-19/MFD"Pre-Qualification of Contractors for Minor Utility Construction
Services" with the intent of establishing a pre-qualified list of vendors to perform minor
'8 utility-related projects costing less than $300,000; and
9 WHEREAS, individual projects not exceeding $75,000 will be awarded by the City
20 Manager and projects exceeding $75,000 will be brought back to the City Commission
21 for award; and
±2 WHEREAS, the City Commission of the City of Boynton Beach, upon
23 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents
24 of the City of Boynton Beach, to approve and authorize the City Manager to sign agreements
25 with the four(4)top ranked proposers:Johnson-Davis,Inc.;Centerline Utilities, Inc.;Gianetti
26 Contracting Corporation;and Florida Design Drilling Corporation to establish a pre-qualified
27 list of vendors in response to RFQ No. 028-2821-19/MFD "Pre-Qualification of Contractors
2 3 for Minor Utility Construction Services" for utility projects up to $300,000.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
$) THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
S:\CA\RESO\Agreements\Miror Utility Construction Services -Reso.Docx
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 hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize the City Manager to sign agreements with the four (4) top
ranked proposers: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Gianetti Contracting
Corporation; and Florida Design Drilling Corporation to establish a pre-qualified list of
vendors in response to RFQ No. 028-2821-19/MFD "Pre-Qualification of Contractors for
Minor Utility Construction Services" for utility projects up to $300,000.
Section 3. This Resolution shall become effective immediately upon passage.
II PASSED AND ADOPTED this 6) day of AlA TIA#
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor—Steven B. Grant 1
Vice Mayor—Justin Katz 1_/
Commissioner—Mack McCray (�
•
Commissioner—Christina L. Romelus +�
Commissioner—Ty Penserga
VOTE
ATTEST:
ueenester Nieves
Deputy City Clerk -oY NT
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(Corporate Seal) s.�. ♦ �
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR
MINOR UTILITY CONSTRUCTION SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and JOHNSON - DAVIS, INC., hereinafter referred to as "CONTRACTOR", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor
construction services in connection with the RFQ FOR PRE-QUALIFICATION OF
CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028-
2821-191MFD.
2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor
construction projects, which are those defined as under category five (fs.287.017) costing
less than $300,000.00 (three hundred thousand dollars). These minor construction
projects shall be initiated by the City upon issuance of a solicitation, or task order and
shall be advertised to all pre-qualified Contractors. No project under this contract shall
require bid, payment, or performance bonds unless specifically noticed in the solicitation,
or task order. Projects will commence only upon issuance of a valid Purchase Order by the
Finance Department and written Notice to Proceed from the Utilities Department.
Emergency work may be assigned at the City's discretion per the scope of the RFQ, and
shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal.
The CONTRACTOR shall be required to respond to each advertisement when requested,
whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than
three (3) consecutive requests, the firm shall be removed from the program, and all
subsequent bidding opportunities under this contract.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon
written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform
all services and provide all work product required pursuant to this agreement upon written
notice to proceed.
4. TERM: This Agreement shall commence upon Commission approval and shall be valid for
an initial term of one (1)year. The City of Boynton Beach may renew the contract with the
same terms and conditions for four(4)additional,one-year renewal terms subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City. At the City's request, the Firm shall continue services beyond the
final expiration date as approved by the City Manager or City Commission. Such
extension(s) shall not exceed a six-month period.
5. PAYMENT: The City will pay the CONTRACTOR for performance of the work
performed under each solicitation, or task order that is completed in accordance with the
solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR
and accepted by the City.
a. Payment for the work provided by CONTRACTOR shall be made promptly on all
4 invoices submitted to the City properly, provided that the total amount of payment to
CONTRACTOR shall not exceed the total contract price without express written
modification of the Agreement signed by the City Manager or designee.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1
b. The CONTRACTOR may submit invoices to the City once per month during the
progress of the work for partial payment for project completed to date. Such invoices
will be reviewed by the City, and upon approval thereof, payment will be made to the
CONTRACTOR in the amount approved.
c. Final payment of any balance due the CONTRACTOR of the total contract price
earned will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three
(3)years after the termination of the Agreement. Copies shall be made available upon
request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Firm in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Firm shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with Firm's endeavors.
7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CONTRACTOR's own employees, or
damage to property occasioned by a negligent act, omission or failure of the
CONTRACTOR.
9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and
$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability
insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with
defense costs in addition to limits; workers' compensation insurance, and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional
named insured" and shall include a provision prohibiting cancellation of said policy except
upon thirty(30)days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance
with the limits of liability provided by such policy for each claim and on a claim made basis
or on an occurrence basis to be no less than one million Dollars ($1,000,000) per
occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2
deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall
notify the City in writing within thirty (30) days of any claim filed or made against its
Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on
the competence of the Consultant to design the project to meet its functional intent. If it is
determined during construction of the project that changes must be made due to
Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no
cost to City and shall be responsible for additional costs, if any, of the project to the
proportional extent caused by such negligent errors or omissions
10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that
the CONTRACTOR is an independent contractor with respect to the services provided
pursuant to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has
not employed or retained any company or person,other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid
or agreed to pay any company or person, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed
by it under this agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services
covered by this Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the CONTRACTOR.
b. In the event of the death of a member, partner or officer of the CONTRACTOR, or
any of its supervisory personnel assigned to the project,the surviving members of the
CONTRACTOR hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the CONTRACTOR and the City, if
the City so chooses.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3
16. DISPUTES. Any disputes that arise between the parties with respect to the
performance of this Agreement, which cannot be resolved through negotiations, shall be
submitted to a court of competent jurisdiction in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to CONTRACTOR shall be sent to the following:
Attention: Scott J. Johnson, President
Johnson-Davis, Inc.
604 Hillbrath Drive
Lantana, FL 33462
Contact#: 561-588-1170
Email: siohnsonQa johnsondavis.com
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the CONTRACTOR
and supersedes all prior negotiations, representations, or agreements written or oral.This
agreement may be amended only by written instrument signed by both City and
CONTRACTOR.
19. PUBLIC RECORDS. 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.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
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.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4
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:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD. SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC c(r�.BBFL.US
20. SCRUTINIZED COMPANIES 287.135 and 215.473. 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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
1
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5
DATED this ,Q day of C1,62 Q C_C._. , 20 \CA
CITY OF BOYNTON BEACH
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Lori _aVerriere, ity Manager CONT TO
Attest/Authenticated: ✓� ��E�a�iGT
Title
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Approved as to For • Attest/Authenticated:
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Jam A. Chero , Cit e -orney S:•retary
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6
rrt„,
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR
MINOR UTILITY CONSTRUCTION SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and GIANNETTI CONTRACTING CORPORATION, hereinafter referred to as
"CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor
construction services in connection with the RFQ FOR PRE-QUALIFICATION OF
CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028-
2821-19/MFD.
2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor
construction projects, which are those defined as under category five (fs.287.017) costing
less than $300,000.00 (three hundred thousand dollars). These minor construction
projects shall be initiated by the City upon issuance of a solicitation, or task order and
shall be advertised to all pre-qualified Contractors. No project under this contract shall
require bid, payment, or performance bonds unless specifically noticed in the solicitation,
or task order. Projects will commence only upon issuance of a valid Purchase Order by the
Finance Department and written Notice to Proceed from the Utilities Department.
Emergency work may be assigned at the City's discretion per the scope of the RFQ, and
shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal.
The CONTRACTOR shall be required to respond to each advertisement when requested,
whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than
three (3) consecutive requests, the firm shall be removed from the program, and all
subsequent bidding opportunities under this contract.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon
written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform
all services and provide all work product required pursuant to this agreement upon written
notice to proceed.
4. TERM: This Agreement shall commence upon Commission approval and shall be valid for
an initial term of one (1) year. The City of Boynton Beach may renew the contract with the
same terms and conditions for four(4)additional, one-year renewal terms subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City. At the City's request, the Firm shall continue services beyond the
final expiration date as approved by the City Manager or City Commission. Such
extension(s) shall not exceed a six-month period.
5. PAYMENT: The City will pay the CONTRACTOR for performance of the work
performed under each solicitation, or task order that is completed in accordance with the
solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR
and accepted by the City.
a. Payment for the work provided by CONTRACTOR shall be made promptly on all
invoices submitted to the City properly, provided that the total amount of payment to
CONTRACTOR shall not exceed the total contract price without express written
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1
modification of the Agreement signed by the City Manager or designee.
b. The CONTRACTOR may submit invoices to the City once per month during the
progress of the work for partial payment for project completed to date. Such invoices
will be reviewed by the City, and upon approval thereof, payment will be made to the
CONTRACTOR in the amount approved.
c. Final payment of any balance due the CONTRACTOR of the total contract price
earned will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be
kept available for inspection by representatives of the City and State for a period of
three(3)years after the termination of the Agreement. Copies shall be made available
upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Firm in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Firm shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with Firm's endeavors.
7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CONTRACTOR's own employees, or
damage to property occasioned by a negligent act, omission or failure of the
CONTRACTOR.
9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and
$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability
insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with
defense costs in addition to limits; workers'compensation insurance, and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional
named insured" and shall include a provision prohibiting cancellation of said policy except
upon thirty(30) days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance
with the limits of liability provided by such policy for each claim and on a claim made basis
or on an occurrence basis to be no less than one million Dollars ($1,000,000) per
occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2
deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall
notify the City in writing within thirty (30) days of any claim filed or made against its
Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on
the competence of the Consultant to design the project to meet its functional intent. If it is
determined during construction of the project that changes must be made due to
Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no
cost to City and shall be responsible for additional costs, if any, of the project to the
proportional extent caused by such negligent errors or omissions
10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that
t h e CONTRACTOR is an independent contractor with respect to the services provided
pursuant to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has
not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid
or agreed to pay any company or person, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed
by it under this agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services
covered by this Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the CONTRACTOR.
b. In the event of the death of a member, partner or officer of the CONTRACTOR, or
any of its supervisory personnel assigned to the project, the surviving members of the
CONTRACTOR hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the CONTRACTOR and the City, if
the City so chooses.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to CONTRACTOR shall be sent to the following:
Attention: Richard Gibbs III, President&Treasurer
Giannetti Contracting Corporation
1801 NW 18th Street
Pompano Beach, FL 33069
Contact#: 954-972-8104
Email: rid__ bob(a)giannetticorp.com
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the CONTRACTOR
and supersedes all prior negotiations, representations, or agreements written or oral.This
agreement may be amended only by written instrument signed by both City and
CONTRACTOR.
19. PUBLIC RECORDS. 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.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
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.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4
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:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD. SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC(c�BBFL.US
20. SCRUTINIZED COMPANIES 287.135 and 215.473. 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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5
DATED this D7 day ofOP c,�� , 20 1 .
CITY OF BOYNTON BEACH
Lori aVerriere, City Manager CONIARbb /
Attest/Authenticated:
Title
,/,Z 4. _ (Corporate Seal)
C• ,S3TAL GIBSON , CITY CLERK
Approved as to Form: Attest/Authenticated:
James • . Cherof, City Attorney Se rets
N►
(AA 01,AS .q PoS—rUL�
I
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6
�r~
IO}�roN
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR
MINOR UTILITY CONSTRUCTION SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and FLORIDA DESIGN DRILLING CORPORATION, hereinafter referred to as
"CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor
construction services in connection with the RFQ FOR PRE-QUALIFICATION OF
CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028-
2821-19/MFD.
2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor
construction projects, which are those defined as under category five (fs.287.017) costing
less than $300,000.00 (three hundred thousand dollars). These minor construction
projects shall be initiated by the City upon issuance of a solicitation, or task order and
shall be advertised to all pre-qualified Contractors. No project under this contract shall
require bid, payment, or performance bonds unless specifically noticed in the solicitation,
or task order. Projects will commence only upon issuance of a valid Purchase Order by the
Finance Department and written Notice to Proceed from the Utilities Department.
Emergency work may be assigned at the City's discretion per the scope of the RFQ, and
shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal.
The CONTRACTOR shall be required to respond to each advertisement when requested,
whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than
three (3) consecutive requests, the firm shall be removed from the program, and all
subsequent bidding opportunities under this contract.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon
written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform
all services and provide all work product required pursuant to this agreement upon written
notice to proceed.
4. TERM: This Agreement shall commence upon Commission approval and shall be valid for
an initial term of one (1) year. The City of Boynton Beach may renew the contract with the
same terms and conditions for four(4) additional, one-year renewal terms subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City. At the City's request, the Firm shall continue services beyond the
final expiration date as approved by the City Manager or City Commission. Such
extension(s) shall not exceed a six-month period.
5. PAYMENT: The City will pay the CONTRACTOR for performance of the work
performed under each solicitation, or task order that is completed in accordance with the
solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR
and accepted by the City.
a. Payment for the work provided by CONTRACTOR shall be made promptly on all
invoices submitted to the City properly, provided that the total amount of payment to
CONTRACTOR shall not exceed the total contract price without express written
modification of the Agreement signed by the City Manager or designee.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1
b. The CONTRACTOR may submit invoices to the City once per month during the
progress of the work for partial payment for project completed to date. Such invoices
will be reviewed by the City, and upon approval thereof, payment will be made to the
CONTRACTOR in the amount approved.
c. Final payment of any balance due the CONTRACTOR of the total contract price
earned will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be
kept available for inspection by representatives of the City and State for a period of
three (3) years after the termination of the Agreement. Copies shall be made available
upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Firm in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Firm shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with Firm's endeavors.
7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CONTRACTOR's own employees, or
damage to property occasioned by a negligent act, omission or failure of the
CONTRACTOR.
9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and
$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability
insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with
defense costs in addition to limits; workers' compensation insurance, and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional
named insured" and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance
with the limits of liability provided by such policy for each claim and on a claim made basis
or on an occurrence basis to be no less than one million Dollars ($1,000,000) per
occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a
deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall
notify the City in writing within thirty (30) days of any claim filed or made against its
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2
Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on
the competence of the Consultant to design the project to meet its functional intent. If it is
determined during construction of the project that changes must be made due to
Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no
cost to City and shall be responsible for additional costs, if any, of the project to the
proportional extent caused by such negligent errors or omissions
10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that
the CONTRACTOR is an independent contractor with respect to the services provided
pursuant to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has
not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid
or agreed to pay any company or person, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
1 without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or sensory
4 handicap in the selection and retention of employees or procurement of materials or
supplies.
13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services
covered by this Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the CONTRACTOR.
b. In the event of the death of a member, partner or officer of the CONTRACTOR, or
any of its supervisory personnel assigned to the project, the surviving members of the
CONTRACTOR hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the CONTRACTOR and the City, if
the City so chooses.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3
16. DISPUTES. Any disputes that arise between the parties with respect to the
performance of this Agreement, which cannot be resolved through negotiations, shall be
submitted to a court of competent jurisdiction in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to CONTRACTOR shall be sent to the following:
Attention: Jeffery Hoist, Senior Vice President
Florida Design Drilling Corporation
7733 Hooper Road
West Palm Beach, FL 33411
Contact #: 561-818-3228
Email:Jeff@fldrilling.cam
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the CONTRACTOR
and supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and
CONTRACTOR.
19. PUBLIC RECORDS. 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.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
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.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4
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:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD. SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONCBBFLUS
20. SCRUTINIZED COMPANIES 287.135 and 215.473. 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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5
DATED this 7 day of , 20\°\.
CITY OF BOYNTON BEACH
/ ' (l 'A.4.: IIPO'al-"( lYr _
Lori LaVerriere, City Manager CONIRACTQR
Florida I - . gn Drilling Uorporation
Jeffrey Hoist, Senior Vice President
Attest/Authenticated:
Title
Nicholas Martin, Vice President
I `, ad n t (Corporate Seal)
STAL-G BSO , C 4%if U
r n �Cr�
SWOP
Approved as to Form: Attest/Authenticated:
James A. Cherof, City Attorney Secretary
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6
U
4P
0
4' 04'
$
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR
MINOR UTILITY CONSTRUCTION SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as"the City",and CENTERLINE UTILITIES, INC., hereinafter referred to as"CONTRACTOR",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor
construction services in connection with the RFQ FOR PRE-QUALIFICATION OF
CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028-
2821-19/MFD.
2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor
construction projects, which are those defined as under category five (fs.287.017) costing
less than $300,000.00 (three hundred thousand dollars). These minor construction
projects shall be initiated by the City upon issuance of a solicitation, or task order and
shall be advertised to all pre-qualified Contractors. No project under this contract shall
require bid, payment, or performance bonds unless specifically noticed in the solicitation,
or task order. Projects will commence only upon issuance of a valid Purchase Order by the
Finance Department and written Notice to Proceed from the Utilities Department.
Emergency work may be assigned at the City's discretion per the scope of the RFQ, and
shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal.
The CONTRACTOR shall be required to respond to each advertisement when requested,
whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than
three (3) consecutive requests, the firm shall be removed from the program, and all
subsequent bidding opportunities under this contract.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all
services and provide all work product required pursuant to this agreement upon written
notice to proceed.
4. TERM: This Agreement shall commence upon Commission approval and shall be valid for
an initial term of one (1)year. The City of Boynton Beach may renew the contract with the
same terms and conditions for four(4)additional,one-year renewal terms subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City. At the City's request, the Firm shall continue services beyond the
final expiration date as approved by the City Manager or City Commission. Such
extension(s) shall not exceed a six-month period.
5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed
under each solicitation, or task order that is completed in accordance with the solicitations,
or task orders at the lump sum or unit prices presented by the CONTRACTOR and
accepted by the City.
a. Payment for the work provided by CONTRACTOR shall be made promptly on all
invoices submitted to the City properly, provided that the total amount of payment to
CONTRACTOR shall not exceed the total contract price without express written
modification of the Agreement signed by the City Manager or designee.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1
b.The CONTRACTOR may submit invoices to the City once per month during the progress
of the work for partial payment for project completed to date. Such invoices will be
reviewed by the City, and upon approval thereof, payment will be made to the
CONTRACTOR in the amount approved.
c. Final payment of any balance due the CONTRACTOR of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three
(3)years after the termination of the Agreement. Copies shall be made available upon
request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the Firm in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Firm shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with Firm's endeavors.
7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered
under this agreement.
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CONTRACTOR's own employees, or
damage to property occasioned by a negligent act, omission or failure of the
CONTRACTOR.
9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum
coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury;and
$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability
insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with
defense costs in addition to limits; workers'compensation insurance,and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional
named insured" and shall include a provision prohibiting cancellation of said policy except
upon thirty(30)days prior written notice to the City. Certificates of coverage as required by
this section shall be delivered to the City within fifteen (15) days of execution of this
agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance
with the limits of liability provided by such policy for each claim and on a claim made
basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per
occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a
deductible per claim not to exceed ten percent(10%)of the limit of liability.Consultant shall
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2
notify the City in writing within thirty (30) days of any claim filed or made against its
Professional Liability Insurance Policy. Consultant acknowledges that the City is relying
on the competence of the Consultant to design the project to meet its functional intent. If it
is determined during construction of the project that changes must be made due to
Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no
cost to City and shall be responsible for additional costs, if any, of the project to the
proportional extent caused by such negligent errors or omissions
10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that
the CONTRACTOR is an independent contractor with respect to the services provided
pursuant to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has
not employed or retained any company or person,other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid
or agreed to pay any company or person, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or
supplies.
13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services
covered by this Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving
ten (10)days written notice to the CONTRACTOR.
b. In the event of the death of a member, partner or officer of the CONTRACTOR, or
any of its supervisory personnel assigned to the project,the surviving members of the
CONTRACTOR hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the CONTRACTOR and the City, if
the City so chooses.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3
16. DISPUTES. Any disputes that arise between the parties with respect to the
performance of this Agreement, which cannot be resolved through negotiations, shall be
submitted to a court of competent jurisdiction in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to CONTRACTOR shall be sent to the following:
Attention: Randy Stringer, Vice President
Centerline Utilities, Inc.
2180 SW Poma Drive
Palm City, FL 34990
Contact#: 561-689-3917 x115
Email: randyi'a�centerlineinc.com; neil(c�centerlineinc.com
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the CONTRACTOR
and supersedes all prior negotiations, representations, or agreements written or oral.This
agreement may be amended only by written instrument signed by both City and
CONTRACTOR.
19. PUBLIC RECORDS. 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.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
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.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4
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:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD. SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC(c�BBFL.US
20. SCRUTINIZED COMPANIES 287.135 and 215.473. 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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5
DATED this 21=' day of A0605 i , 20 /7 .
CITY OF BOYNTON BEACH
A'44,4-4,......,f4,,444,-&-ad-r
Lori LaVerriere, City Manager / CONTRACTOR
Attest/Authenticated: • L 1' ? s t t7 e i
Title
....„.7
P f
or (Corporate Seal) +- ca `1a r. .. a. 0' rCr stal Gibson,MMC Ci -"` o . ,-»v- f`" 0
,_Sovtil
Approved as to Form: Attest/Authenticated: ``''-"5"
\ -
James °. Cherof, City Attorney Secretary
RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6