R20-003 1 RESOLUTION NO. R20-003
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 SIGN AGREEMENTS WITH THE FOUR (4) PRE-QUALIFIED
6 CONTRACTORS IN RESPONSE TO RFQ NO. 028-2821-19/MFD
7 "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR
8 UTILITY CONSTRUCTION SERVICES" FOR UTILITY
9 PROJECTS UP TO $300,000; AND PROVIDING AN EFFECTIVE
0 DATE.
1
2
3 WHEREAS,on August 6,2019,the City Commission approved four(4)pre-qualified
4 vendors to perform minor utility-related projects costing less than $300,000; and
5 WHEREAS, the sample agreement previously approved did not include a reference
6 to Boynton Beach Utilities' standard contract documents, general conditions,
7 special/supplemental conditions, technical specifications or construction standards and
8 details; and
9 WHEREAS, staff is requesting authorization for the City Manager to sign
0 Agreements with the four(4)pre-qualified vendors to include these contract provisions; and
.1 WHEREAS, the City Commission of the City of Boynton Beach, upon
2 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents
3 of the City of Boynton Beach,to approve and authorize the City Manager to sign agreements
4 which include specific Utilities standard contract documents, general, conditions,
5 special/supplemental conditions, technical specifications or construction standards or details
6 with the four(4)pre-qualified vendors:Johnson-Davis,Inc.;Centerline Utilities,Inc.;Gianetti
7 Contracting Corporation; and Florida Design Drilling Corporation in response to RFQ No.
8 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services"
9 for utility projects up to $300,000.
0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
S:\CA\RESO\Agreements\Minor Utility Construction Services(With Specifications) -Reso.Docx
1 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
2 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being
3 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
5 hereby approve and authorize the City Manager to sign agreements which include specific
6 Utilities standard contract documents, general, conditions, special/supplemental conditions,
7 technical specifications or construction standards or details with the four (4) pre-qualified
8 vendors:Johnson-Davis,Inc.;Centerline Utilities,Inc.;Gianetti Contracting Corporation;and
9 Florida Design Drilling Corporation in response to RFQ No. 028-2821-19/MFD "Pre-
() Qualification of Contractors for Minor Utility Construction Services"for utility projects up to
1 $300,000, copies of which are attached hereto as Composite Exhibit"A".
2 Section 3. This Resolution shall become effective immediately upon passage.
3
•4 PASSED AND ADOPTED this day of S'rinua , 2020.
5 CITY OF BOYNTON BEACH, FLORIDA
6 YES NO
7
8 Mayor—Steven B. Grant
9
0 Vice Mayor—Justin Katz
1
2 Commissioner—Mack McCray t/
'3
4 Commissioner—Christina L. Romelus ✓'
5
'6 Commissioner—Ty Penserga
7
8 - VOTE '
9 ATTEST: ``
s 3 C stal Gibson, MMC Ig 20
•4 City Clerk
5
6 (Corporate Seal) .
S:\CA\RESO\Agreements\Minor Utility Construction Services(With Specifications) -Reso Docx
R20-003
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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 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/M FE),
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.
The Documents hereinafter listed shall form the Contract and they are fully a part of the
Contract as if attached hereto:
2.1 Invitation to Bid
2.2 Instructions to Bidders
2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,
and all required certificates, affidavits and other documentation.
2.4 Contractor's Performance and Payment Bond
2.5 General Conditions for Construction
2.6 Special / Supplemental Conditions
2.7 Technical Specifications
2.8 City Construction Standards and Details (available online at: www.bovnton-
beach.orq/water-utilities/new-construction)
2.9 Drawings specific to each construction project
Work performed under this Contract shall be in accordance with this Boynton Beach Utilities
Standard Contract and Construction Documents.
3. 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 Fum or unit prices presented by the CONTRACTOR and accepted
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3.1 Contractor shall submit Applications for Payment in accordance with the General
Conditions. City will process Applications for Payment as provided in the General
Conditions and as follows:
3.2 Payment for the work provided by CONTRACTOR shall be made within thirty(30)
calendar days 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.
3.3 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.
3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as
recommended by CONSULTANT, for WORK completed during the Project at
intervals of not more than once a month. All progress payments will be on the
basis of the progress of WORK measured by the schedule of values established
in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work
based on the number of units completed or, in the event there is no schedule of
values, as provided in the General Requirements.
3.5 Prior to Substantial Completion, progress payments will be made in an amount
equal to 90% of WORK completed, but, in each case, less the aggregate of
payments previously made and less such amounts as CONSULTANT shall
determine, or CITY may withhold, in accordance with paragraph 14.5 of the
General Conditions.
3.6 Contractor shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title/release of liens relative
to the Work that is the subject of the Application. Each Application for Payment
shall be submitted to the CITY for approval. The CITY shall make payment to the
CONTRACTOR within thirty (30) calendar days after approval by the CITY of
CONTRACTORS Application for Payment and submission of an acceptable
updated progress schedule.
3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by
the CITY until fifty (50) percent completion of the construction services purchased
(defined as that point at which fifty (50) percent of the construction of the work as
defined in the Contract Schedule of Values has been performed under the contract
by the CONTRACTOR) has been reached in accordance with Florida Statutes
255.078).
3.8 After fifty (50) percent completion of the construction work purchased under the
Contract has been reached, five (5) percent of all monies earned by the
CONTRACTOR shall be retained by the CITY until Final Completion and
acceptance by CITY.
3.9 The City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR.
c. Failure of CONTRACTOR to make payments properly to
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SUBCONTRACTORS or for material or labor.
d. Damage to another CONTRACTOR not remedied.
e. Liquidated Damages and costs incurred by the City for extended construction
administration.
When the above grounds are removed or resolved or CONTRACTOR provides a
surety bond or consent of surety, satisfactory to the City, which will protect the City
in the amount withheld, payment may be made in whole or in part.
3.10 Final Payment: Upon final completion and acceptance of the Work in accordance
with paragraph 14.10 of the General Conditions, City shall pay the remainder of
the Contract Price as recommended by the City and/or Consultant as provided in
paragraph 14.10.
4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment
shall be free from damages and/or defects owing to faulty materials or workmanship for a
period of one (1) year after completion of the WORK covered by this Contract. The
CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment,
materials, or work includes in this Contract, which proves to be defective by reason of faulty
materials, damages, and/or workmanship within twelve (12) month period.
5. 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.
6. 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.
8. 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.
9. 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.
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.
10. INDEMNIFICATION: In consideration of Twenty-Five Dollars($25.00)in hand paid and other
valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to
defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with
paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof
as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing
indemnification complies with Florida Statutes 725.06. It is further the specific intent and
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agreement of said parties that all of the Contract Documents on this Project are hereby
amended to include the foregoing indemnification and the Specific Consideration.
11. 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
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
12. INDEPENDENT CONTRACTOR: 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.
13. 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.
14. 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.
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15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
16. 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.
17. 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.
18. 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.
19. 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: richieCcr�giannetticorp.com; bob@giannetticorp.com
20. 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.
21. 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
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-5
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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.
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(cBBFL.US
22. 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.
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"This Agreement will take effect once signed by both parties. This Agreement may
be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature
for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this a\ day oft/y , 20 x
,( 1
CITY OF BOYNTON BEACH
\W_____,•_,
gt.'‘-: Cr)j.-ate/tiLLA--u•44---
Lori LaVerriere, City Manager Contractor
Attest/Authenticated: �re s �e^'�' 4. Tea's``e
Title
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4 it Tit I& - 04,, (Corporate Seal)
C -stal Gibson, City Clerk ,,eoyN"o
Approved •-s to F•rm:) AttestlAuthe •-: -d:
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James A. Cherof, MPIttorney Se reta
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Y OR
4.7-ON 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 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.
The Documents hereinafter listed shall form the Contract and they are fully a part of the
Contract as if attached hereto:
2.1 Invitation to Bid
2.2 Instructions to Bidders
2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,
and all required certificates, affidavits and other documentation.
2.4 Contractor's Performance and Payment Bond
2.5 General Conditions for Construction
2.6 Special / Supplemental Conditions
2.7 Technical Specifications
2.8 City Construction Standards and Details (available online at: www.boynton-
beach.orq/water-utilities/new-construction)
2.9 Drawings specific to each construction project
Work performed under this Contract shall be in accordance with this Boynton Beach Utilities
Standard Contract and Construction Documents.
3. 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
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-1
by the City.
3.1 Contractor shall submit Applications for Payment in accordance with the General
Conditions. City will process Applications for Payment as provided in the General
Conditions and as follows:
3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30)
calendar days 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.
3.3 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.
3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as
recommended by CONSULTANT, for WORK completed during the Project at
intervals of not more than once a month. All progress payments will be on the
basis of the progress of WORK measured by the schedule of values established
in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work
based on the number of units completed or, in the event there is no schedule of
values, as provided in the General Requirements.
3.5 Prior to Substantial Completion, progress payments will be made in an amount
equal to 90% of WORK completed, but, in each case, less the aggregate of
payments previously made and less such amounts as CONSULTANT shall
determine, or CITY may withhold, in accordance with paragraph 14.5 of the
General Conditions.
3.6 Contractor shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title/release of liens relative
to the Work that is the subject of the Application. Each Application for Payment
shall be submitted to the CITY for approval. The CITY shall make payment to the
CONTRACTOR within thirty (30) calendar days after approval by the CITY of
CONTRACTOR'S Application for Payment and submission of an acceptable
updated progress schedule.
3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by
the CITY until fifty (50) percent completion of the construction services purchased
(defined as that point at which fifty (50) percent of the construction of the work as
defined in the Contract Schedule of Values has been performed under the contract
by the CONTRACTOR) has been reached in accordance with Florida Statutes
255.078).
3.8 After fifty (50) percent completion of the construction work purchased under the
Contract has been reached, five (5) percent of all monies earned by the
CONTRACTOR shall be retained by the CITY until Final Completion and
acceptance by CITY.
3.9 The City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR.
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-2
c. Failure of CONTRACTOR to make payments properly to
SUBCONTRACTORS or for material or labor.
d. Damage to enother CONTRACTOR not remedied.
e. Liquidated Damages and costs incurred by the City for extended construction
administration.
When the above grounds are removed or resolved or CONTRACTOR provides a
surety bond or consent of surety, satisfactory to the City, which will protect the City
in the amount withheld, payment may be made in whole or in part.
3.10 Final Payment: Upon final completion and acceptance of the Work in accordance
with paragraph 14.10 of the General Conditions, City shall pay the remainder of
the Contract Price as recommended by the City and/or Consultant as provided in
paragraph 14.10.
4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment
shall be free from damages and/or defects owing to faulty materials or workmanship for a
period of one (1) year after completion of the WORK covered by this Contract. The
CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment,
materials, or work included in this Contract, which proves to be defective by reason of faulty
materials, damages, and/or workmanship within twelve (12) month period.
5. 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.
6. 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.
8. 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.
9. 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.
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.
10. INDEMNIFICATION: In consideration of Twenty-Five Dollars ($25.00) in hand paid and other
valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to
defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with
paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof
as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-3
indemnification complies with Florida Statutes 725.06. It is further the specific intent and
agreement of said parties that all of the Contract Documents on this Project are hereby
amended to include the foregoing indemnification and the Specific Consideration.
11. 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
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
12. INDEPENDENT CONTRACTOR: 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.
13. 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.
14. 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.
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15. ASSIGNMENT; The CONTRACTOR shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
16. 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.
17. 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.
18. 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.
19. 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: Jeffrey Holst, Senior Vice President
Florida Design Drilling Corporation
7733 Hooper Road
West Palm Beach, FL 33411
Contact#: 561-818-3228
Email: Jeff(a fldrillinq.com
20. 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.
21. 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
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-5
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.
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(a�BBFL.US
22. 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.
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"This Agreement will take effect once signed by both parties This Agreement may
be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature
for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this D\ day of ain t , 20d C
CITY OF BOYNTON BEACH
Ct-4-4– CSC+ /K .
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Lori LaVerrere CityManager a
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Attest/Authenticated ;)FT LR T Sp13'-v 6a S:, .yr
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C ..tal Gibson. City Clerk �� eoYN'�°��
Approved as to Farm Attest/Authenticated
/ , ..____> (. ..Z- _._.________
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Jame A. Chero , Ci A ttorney Secretary
N ku4s-k..k SLi 1tJ
Boynton Beach Utilities Pre Qualified Contractors for Minor Utility Construction Services C-7
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•
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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-
2821-19/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 cnly 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.
The Documents hereinafter listed shall form the Contract and they are fully a part of the
Contract as if attached hereto:
2.1 Invitation to Bid
2.2 Instructions to Bidders
2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,
and all required certificates, affidavits and other documentation.
2.4 Contractor's Performance and Payment Bond
2.5 General Conditions for Construction
2.6 Special / Supplemental Conditions
2.7 Technical Specifications
2.8 City Construction Standards and Details (available online at: www.bovnton-
beach.orq/water-utilities/new-construction)
2.9 Drawings specific to each construction project
Work performed under this Contract shall be in accordance with this Boynton Beach Utilities
Standard Contract and Construction Documents.
3. 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.
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3.1 Contractor shall submit Applications for Payment in accordance with the General
Conditions. City will process Applications for Payment as provided in the General
Conditions and as follows:
3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30)
calendar days 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.
3.3 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.
3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as
recommended by CONSULTANT, for WORK completed during the Project at
intervals of not more than once a month. All progress payments will be on the
basis of the progress of WORK measured by the schedule of values established
in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work
based on the number of units completed or, in the event there is no schedule of
values, as provided in the General Requirements.
3.5 Prior to Substantial Completion, progress payments will be made in an amount
equal to 90% of WORK completed, but, in each case, less the aggregate of
payments previously made and less such amounts as CONSULTANT shall
determine, or CITY may withhold, in accordance with paragraph 14.5 of the
General Conditions.
3.6 Contractor shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title/release of liens relative
to the Work that is the subject of the Application. Each Application for Payment
shall be submitted to the CITY for approval. The CITY shall make payment to the
CONTRACTOR within thirty (30) calendar days after approval by the CITY of
CONTRACTORS Application for Payment and submission of an acceptable
updated progress schedule.
3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by
the CITY until fifty (50) percent completion of the construction services purchased
(defined as that point at which fifty (50) percent of the construction of the work as
defined in the Contract Schedule of Values has been performed under the contract
by the CONTRACTOR) has been reached in accordance with Florida Statutes
255.078).
3.8 After fifty (50) percent completion of the construction work purchased under the
Contract has been reached, five (5) percent of all monies earned by the
CONTRACTOR shall be retained by the CITY until Final Completion and
acceptance by CITY.
3.9 The City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR.
c. Failure of CONTRACTOR to make payments properly to
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-2
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SUBCONTRACTORS or for material or labor.
d. Damage to another CONTRACTOR not remedied.
e. Liquidated Damages and costs incurred by the City for extended construction
administration.
When the above grounds are removed or resolved or CONTRACTOR provides a
surety bond or consent of surety, satisfactory to the City, which will protect the City
in the amount withheld, payment may be made in whole or in part.
3.10 Final Payment: Upon final completion and acceptance of the Work in accordance
with paragraph 14.10 of the General Conditions, City shall pay the remainder of
the Contract Price as recommended by the City and/or Consultant as provided in
paragraph 14.10.
4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment
shall be free from damages and/or defects owing to faulty materials or workmanship for a
period of one (1) year after completion of the WORK covered by this Contract. The
CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment,
materials, or work includes in this Contract, which proves to be defective by reason of faulty
materials, damages, and/or workmanship within twelve (12) month period.
5. 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.
6. 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.
8. 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.
9. 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.
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.
10. INDEMNIFICATION: In consideration of Twenty-Five Dollars ($25.00) in hand paid and other
valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to
defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with
paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof
as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing
indemnification complies with Florida Statutes 725.06. It is further the specific intent and
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-3
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agreement of said parties that all of the Contract Documents on this Project are hereby
amended to include the foregoing indemnification and the Specific Consideration.
11. 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
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
12. INDEPENDENT CONTRACTOR: 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.
13. 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.
14. 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.
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-4
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15. ASSIGNMENT,The CONTRACTOR shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
16. 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.
17. 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.
18. 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.
19. 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 Beacn, 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: sjohnsoniohnsondavis.com
20. 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.
21. 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
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-5
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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.
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
22. 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.
Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-6
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"This Agreement will take effect once signed by both parties. This Agreement may
be signed by the parties in counterparts which together shall constitute one and the same
r
agreement among the parties. A facsimile signature shall constitute an original signature
for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this SD day ofC�KI _ii . c , 20 Q D.
CITY OF BOYNTON BEACH
..,...1.4::::::;q912/74,..4...,--4-4-- 2._— )
Lori LaVerriere, City Manager Contractor a''L - , dg,/e„
Attest/Authenticated: �._!%•,__g'�=-m_.. __ ----
. . . Title
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C• stal Gibson, City Clerk ma, r ��"
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Approved;s to Fo : Attest/Aut e ticated:
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Ja es A. Cher.', City Attar,-y S cretary "tytici„,. rP,,r
Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7
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2 of
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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 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-
2821-19IMFD,
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.
The Documents hereinafter listed shall form the Contract and they are fully a part of the
Contract as if attached hereto:
2,1 Invitation to Bid
2.2 Instructions to adders
2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,
and all required certificates, affidavits and other documentation.
2.4 Contractor's Performance and Payment Bond
2.5 General Conditions for Construction
2.6 Special /Supplemental Conditions
2.7 Technical Specifications
2.8 City Construction Standards and Details (available online at: www.bovnton-
beach.orq/water-utilities/new-construction)
2.9 Drawings specific to each construction project
Work performed under this Contract shall be in accordance with this Boynton Beach Utilities
Standard Contract and Construction Documents
3. 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.
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3,1 Contractor shall submit Applications for Payment in accordance with the General
Conditions. City will process Applications for Payment as provided in the General
Conditions and as follows:
3.2 Payment for the work provided by CONTRACTOR shall be made within thirty(30)
calendar days 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.
3.3 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.
3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as
recommended by CONSULTANT, for WORK completed during the Project at
intervals of not more than once a month. All progress payments will be on the
basis of the progress of WORK measured by the schedule of values established
in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work
based on the number of units completed or, in the event there is no schedule of
values, as provided in the General Requirements.
3.5 Prior to Substantial Completion, progress payments will be made in an amount
equal to 90% of WORK completed, but, in each case, less the aggregate of
payments previously made and less such amounts as CONSULTANT shall
determine, or CITY may withhold, in accordance with paragraph 14.5 of the
General Conditions.
3.6 Contractor shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title/release of liens relative
to the Work that is the subject of the Application. Each Application for Payment
shall be submitted to the CITY for approval. The CITY shall make payment to the
CONTRACTOR within thirty (30) calendar days after approval by the CITY of
CONTRACTOR S Application for Payment and submission of an acceptable
updated progress schedule.
3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by
the CITY until fifty (50) percent completion of the construction services purchased
(defined as that point at which fifty (50) percent of the construction of the work as
defined in the Contract Schedule of Values has been performed under the contract
by the CONTRACTOR) has been reached in accordance with Florida Statutes
255.078).
3.8 After fifty (50) percent completion of the construction work purchased under the
Contract has been reached, five (5) percent of all monies earned by the
CONTRACTOR shall be retained by the CITY until Final Completion and
acceptance by CITY.
3.9 The City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR.
c. Failure of CONTRACTOR to make payments properly to
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SUBCONTRACTORS or for material or labor
d Damage to another CONTRACTOR not remedied.
e. Liquidated Damages and costs incurred by the City for extended construction
administration.
When the above grounds are removed or resolved or CONTRACTOR provides a
surety bond or consent of surety, satisfactory to the City, which will protect the City
in the amount withheld, payment may be made in whole or in part.
3.10 Final Payment: Upon final completion and acceptance of the Work in accordance
with paragraph 14.10 of the General Conditions, City shall pay the remainder of
the Contract Price as recommended by the City and/or Consultant as provided in
paragraph 14.10.
4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment
shall be free from damages and/or defects owing to faulty materials or workmanship for a
period of one (1) year after completion of the WORK covered by this Contract. The
CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment,
materials, or work includes in this Contract, which proves to be defective by reason of faulty
materials, damages, and/or workmanship within twelve (12) month period.
5. 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.
6. 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.
8. 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.
9. 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.
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.
10. INDEMNIFICATION: In consideration of Twenty-Five Dollars ($25.00) in hand paid and other
valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to
defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with
paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof
as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing
indemnification complies with Florida Statutes 725.06 It is further the specific intent and
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agreement of said parties that all of the Contract Documents on this Project are hereby
amended to include the foregoing indemnification and the Specific Consideration.
11. 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
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
12. INDEPENDENT CONTRACTOR: 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.
13. 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.
14. 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.
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15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
16. 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.
17. 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.
18. 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.
19. 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
PPalm Cict#,FL4990 1
9 561-689-3917 x115
Email: randye,centerlineinc.com; neil(aZcenterlineinc.com
20. 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.
21. 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
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copy of the requesteo 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.
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
GIBSONCABBFL.US
22. 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.
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"This Agreement will take effect once signed by both parties. This Agreement may
be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature
for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this day of C),.-C1 L.i.��c--\ , 20 ao•
CITY OF BOYTON BEACH
Lori LaVerrierCQDikity Manager C•• actor
Attest/Authenticated: VIte.-?R°$i 0-#.51---
•{ `,,"' ,. Title , .
/ �e _r
I 4- Aa u (Corporate Sea( r. • , -
C stal Gibson, City Clerk o, / � > ' 4
Approved as to Form: Attest/Authentica ed.
10 II%
James A. Cherof, City Attorney Secretary
Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7
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The City of Boynton Beach
OF
c. ' Finance/Procurement Services
3301 Quantum Boulevard,Suite 101
Boynton Beach,FL 33426
P.O.Box 310
Boynton Beach,Florida 33425-0310
1' e
rp,,
January 16, 2020
Centerline Utilities, Inc.
2180 SW Poma Drive
Palm City, FL 34990
ATTN: Randy Stringer, Vice President
RE: RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY
CONSTRUCTION SERVICES
RFQ No.: 028-2821-19/MFD
Dear Mr. Stringer:
On August 6, 2019, the City Commission approved a sample agreement, which was executed to perform
Minor Utility Construction Services. However, the agreement did not include references to the Boynton
Beach Utilities Standard Contract Documents, General Conditions, Special / Supplemental Conditions,
Technical Specifications or Construction Standards and Details.
At the Commission meeting held on January 7, 2020, Resolution#20-003 approved the attached contract
agreement for the four(4) pre-qualified contractors: Johnson-Davis, Inc., Centerline Utilities, Inc., Giannetti
Contracting Corporation and Florida Design Drilling. The Contract Agreement includes all of the above
references performing under the RFQ for Pre-Qualification of Contractors for Minor Utility Construction
Services. Enclosed is the Contract Agreement. Please complete and return for contract execution at your
soonest convenience.
Thank you for responding to this request and if you have any questions or concerns, please do not hesitate
to contact me.
Sincerely,
7ana44 ppm&
Taralyn Pratt
Utilities Contract Coordinator
cc: File