R21-098 1 RESOLUTION NO.R21-098
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AN AWARD OF BID AND
5 AUTHORIZING THE CITY MANAGER TO SIGN A
6 CONTRACT WITH FLORIDA DESIGN DRILLING
7 CORPORATION, IN RESPONSE TO BID NO. 081-2821-
8 21/TP FOR "SODIUM HYPOCHLORITE TANK
9 REPLACEMENT" IN THE AMOUNT OF $440,000.00 PLUS
10 A 10% CONTINGENCY AMOUNT OF $44,000.00 FOR A
11 TOTAL AMOUNT OF $484,000.00; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS,the existing Sodium Hypochlorite Tanks#1 and#2 at the West Water
15 Treatment Plant have reached the end of their useful life and replacement of the tanks is
16 necessary as sodium hypochlorite is used for water purification and disinfection as part of
17 the treatment process; and
18 WHEREAS,on May 25,2021,Procurement Services issued Bid#081-2821-21/TP
19 for"Sodium Hypochlorite Tank Replacement"to obtain the services of a licensed,qualified
20 contractor to replace two existing Sodium Hypochlorite Tanks with comparable
21 replacement tanks at the West Water Treatment Plant; and
22 WHEREAS, on June 18, 2021, the City opened a total of one (1) submittal to this
23 Bid and after reviewing the bid and references submitted by Florida Design Drilling
24 Corporation, Utilities staff and Purchasing Services recommend this project be awarded to
25 Florida Design Drilling Corporation as the lowest,responsive,responsible bidder; and
26 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
27 of staff,deems it to be in the best interest of the citizens of the City of Boynton Beach to award
28 a bid and authorize the City Manager to sign a contract in response to 081-2821-21/TP for the
29 Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant with
30 Florida Design Drilling Corporation of West Palm Beach, Florida in the amount of$440,000
31 plus a 10%contingency of$44,000, for a total amount of$484,000.
S:\CA\RESO\Agreements\Award Bid and Contract to Florida Design Drilling Corp(Sodium Hypochloritex2021)-Reso.docx
-1-
32 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
33 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
37 approves the award of bid and authorizes the City Manager to sign a contract in response to
38 081-2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water
39 Treatment Plant with Florida Design Drilling Corporation of West Palm Beach, Florida in the
40 amount of$440,000 plus a 10%contingency of$44,000,for a total amount of$484,000,a copy
41 of which is attached hereto as Exhibit"A".
42 Section 3. That this Resolution shall become effective immediately.
43 PASSED AND ADOPTED this 3rd day of August,2021.
44 CITY OF BOYNTON BEACH, FLORIDA
45
46 YES NO
47
48 Mayor—Steven B. Grant V
49
50 Vice Mayor—Woodrow L. Hay
51
52 Commissioner—Justin Katz
53
54 Commissioner—Christina L. Romelus
55
56 Commissioner—Ty Penserga G SCS`n
57
58 VOTE \ v
59 ATTEST:
60
61 /
62 / ,I. _� r �,:a .1
63 Tammy Stanz'a e
64 Deputy City lerk
65 if
;+O
66
67 (Corporate Seal)
S:\CA\RESO\Agreements\Award Bid and Contract to Florida DesjgttjDeilling cb?p(Sodium Hypochloritex2021)-Reso.docx
R21-098
p U
ryTON O
CONSTRUCTION CONTRACT
WEST WATER TREATMENT SODIUM HYPOCHLORITE TANKS
REPLACEMENT
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as "CITY", and FLORIDA DESIGN DRILLING CORPORATION, a
corporationX partnership sole proprietor authorized to do business in the State of
Florida, hereinafter referred to as the"CONTRACTOR".
WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain
construction services.
WHEREAS, at its meeting of August 3, 2021, by Resolution No.: R21-098 , the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 081-
2821-21, and;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK.
CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary
WORK in the manner and form provided in the Contract Documents entitled: WEST WATER TREATMENT
PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT, Invitation to Bid #081-2821-21.
Article 2. CONSULTANT.
City of Boynton Beach. ("CONSULTANT') has designed the Project and will assume all duties and
responsibilities and will have the rights and authority assigned to CONSULTANT in connection with
completion of the WORK in accordance with the Contract Documents.
Article 3. CONTRACT TIME; LIQUIDATED DAMAGES.
3.1 The WORK will be substantially completed within 120 calendar days from the date when the
Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.9 of the General
Conditions within 30 calendar days from the date of Substantial Completion.
3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is
of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. Each of the parties
acknowledges that it has attempted to quantify the damages which would be suffered by the
CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one
has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR
also recognize and acknowledge the delays, expense and difficulties involved in proving in a
legal preceding the actual loss suffered by the CITY if the WORK is not completed on time.
Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as
liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay the CITY, EIGHT
HUNDRED Dollars ($800.00) for each day that expires after the time specified in paragraphs
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-1
Revised 7/7/2021
3.1 for substantial completion until the WORK is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK
within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR
shall pay CITY TWO HUNDRED Dollars ($200.00) for each day that expires after the time
specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United
States of America, and subject to the additions and deductions as provided in the Contract Documents, a
total sum as follows:
Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently
revised and as stated herein, a copy of such Bid Form being a part of the Contract
Documents, the aggregate amount of this Contract(obtained from either the lump sum
price, the application of unit prices to the quantities shown in the Bid Form or the
combination of both) not to exceed:
FOUR HUNDRED FOURTY THOUSAND AND ZERO CENTS $440,000.00
(Written) (Numerical)
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. CITY will process Applications for Payment as provided in the General Conditions.
5.1 Progress Payments. CONTRACT may submit an Application for Payment 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.
5.2 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.
5.3 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) days after approval by the CITY of CONTRACTOR'S Application for Payment and
submission of an acceptable updated progress schedule.
5.4 Five percent(5)of all monies earned by the CONTRACTOR shall be retained by the CITY
until Final Completion of the construction services purchased (defined as that point at
which one hundred (100) 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 and acceptance by CITY.
5.5 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
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-2
Revised 7/7/2021
parties against CONTRACTOR.
c. Failure of CONTRACTOR to make payments properly to 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.
5.6 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 CONSULTANT as provided in paragraph 14.10.
Article 5. 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.
Article 6. ASSIGNMENT.
The Contractor shall not sublet or assign any of the services covered by this Agreement without the express
written consent of the City.
Article 7. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
7.1 Invitation to Bid
7.2 Instructions to Bidders
7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved
Bid Bond, and all required certificates, affidavits and other documentation)
7.4 Contract
7.5 Contractor's Performance and Payment Bond
7.6 General Conditions
7.7 Special/Supplemental Conditions
7.8 Technical Specifications
4.9 City Construction Standards and Details (available online at: www.boynton-
beach.orq/water-utilities/new-construction)
4.10 Drawings and Photographs entitled: Appendix, A& B
7.11 Addendum No. 1 Dated 6/14/2021.
Article 8. INTEGRATED AGREEMENT.
This agreement, together with attachments or addenda, represents the entire and integrated agreement
between the City and the Firm 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 Firm.
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-3
Revised 7/7/2021
Article 9. 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.
Article 10. 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
Article 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.
Article 12. 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.
Article 13. 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.
Article 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.
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-4
Revised 7/7/2021
Article 15. TERMINATION.
15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30)
days written notice to the Vendor.
15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project,the surviving members of the Vendor 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 Vendor and the City, if the City so chooses.
Article 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.
Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt
requested and if sent to the CITY shall be mailed to:
City of Boynton Beach City of Boynton Beach
Utilities Department Finance Department
Attn: Juan Cuesta, Staff Engineer Attn: Director of Finance
124 E. Woolbright Road 100 E. Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
Tel (561)742 Tel(561)742-6310
Fax(561) 742-6316
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR: Florida Design Drilling Corporation
ADDRESS: 7733 Hooper Road
CITY/STATE/ZIP: West Palm Beach, FL 33411
Attn: Jeffrey Hoist
Tel: 561-844-2966
Email: jeff@fldrilling.com
Article 18. INDEMNITY.
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 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.
Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES.
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY
during the period between said specified or adjusted time and the actual date of final completion. All such
expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be
deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further
defined as CONSULTANT charges associated with the construction contract administration, including
resident project representative costs.
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-5
Revised 7/7/2021
Article 20. FLORIDA'S PUBLIC RECORDS LAW.
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:
20.1 Keep and maintain public records required by the CITY to perform the service;
20.2 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,
Florida Statue or as otherwise provided by law;
20.3 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 contact 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,
20.4 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.
20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON (CITY CLERK)
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6061
GIBSONC@BBFL.US
Article 21. 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
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-6
Revised 7/7/2021
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.
Article 22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited
to, a vendor or consultant.
"Subcontractor"means a person or entity that provides labor, supplies, or services to or for
a contractor or another subcontractor in exchange for salary,wages,or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes,effective January 1,2021, Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of
all newly hired employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of
the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall
also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not a breach
of contract and may not be considered as such. If this contract is terminated for a violation of the statute
by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after
the date of termination.
Article 23. MISCELLANEOUS.
23.1 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-7
Revised 7/7/2021
extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-8
Revised 7/7/2021
"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 co-►sidered an original on the following dates:
DATED this /011-day of 111411/M-- , 2021.
CITY OF BOYNTON BEACH COMPANY Florida Design Drilling Corporation
dit _,,, i
Ot-ih..t___Cle400f.44-4-rs--- -.NAV •
Lori LaVerriere, City Manager (Si. a re), Cy• pany
Jeffrey Hoist
Print Name of Authorized Official
Senior Vice President
Title ``�t►si+r+ill.
`.,•‘ QRILL/N /,
.0
(Corporate Seas c�ic,P�P�R�rF• 0
As! SEAL, ;po
April 29,2005 ;O,
Attest/Authenticated: ' p
'��do 7,4 9 R•ope.**, ,•
Witness
Nicholas Martin, Vice President
Print Name
Approv: as t, For •
/, ,/
Jim ' ercf
Office of the City 's ey
Attested/Authenticated:
lL" ✓/ 4 ‘/,
C tai Gibson
City Cleric
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-9
Revised 7/7!2321
rc �
roN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert name of Contractor)
as Principal,
(Address or legal title of Contractor)
hereinafter called Contractor, and
(Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O.
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount
of Dollars($ ),
for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated , 20 , entered into a
contract with Owner for in accordance with
drawings and specifications prepared by which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having
performed Owner's obligations thereunder,the Surety may promptly remedy the default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
bidder and Owner, and make available as work progresses (even though there should be a default or
a succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding,
including other costs and damages for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall
mean the total amount payable by Owner to Contractor under the contract and any amendments
thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one(1)year from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators or successors of the Owner.
This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant,
except a laborer, who is not in privity with the Contractor and who has not received payment for its labor,
materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the
prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection.
A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials,
or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials
or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or
delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies
may be instituted against the Contractor or the Surety unless both notices have been given. No action shall
be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of
the labor or completion of delivery of the materials or supplies.
Signed and sealed this day of , 2021.
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
LFT�_O�
w0 - nIU
rON F?
PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER
CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Insert name of Contractor)
as Principal,
(Address or legal title of contractor)
hereinafter called Principal, and
(Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O.
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use
and benefit of claimants as here below defined, in the amount of
Dollars
($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated , 2021,
entered into a contract with Owner for
in accordance with
drawings and specifications prepared by which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the
Principal for labor, material or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)
days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute
the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have given written
notice to any two of the following: the Principal, the Owner, or the Surety above named, within
ninety(90) days after such claimant did or performed the last of the work or labor, or furnished the
last of the materials for which such claimant is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for when the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at
any place where an office is regularly maintained for the transaction of business, or served in any
manner in which legal process may be served in the State in which the aforesaid project is located,
save that such service need not be made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work on such
Contract, it being understood, however,that if any limitation embodied in this bond is prohibited by
any law controlling the construction hereof such limitation shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the United States
District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good
faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record
against such improvements, whether or not claim for the amount of such lien be presented under and
against this bond.
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received payment
for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to
the bond for protection. A claimant who is not in privity with the Contractor and who has not received
payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after
complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice
of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action
for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both
notices have been given. No action shall be instituted against the Contractor or the Surety on the bond
after one (1) year from the performance of the labor or completion of delivery of the materials or
supplies.
Signed and sealed this day of , 2021.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
G\TY off,
)1-
u
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF , being first duly sworn, deposes and says as follows:
He is
of
(Title) (Name of Corporation or Firm)
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
which is named in Construction Contract dated the day of , 20
between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER,for
the construction of and Affiant is authorized to
make this Affidavit as, or on behalf of,the Contractor as named above.
Title to all work,materials and equipment covered by the attached Final Application for Payment dated
, passes to the Owner at the time of payment free and clear of all liens, and all
laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or
materials upon such Contract work covered by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of , 2021.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement WT-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing
the City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance
companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE:An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.)
The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City:
(NOTE:This list is not all inclusive, and the City reserves the right to require additional types of insurance,
or to raise or lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REOUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person)$ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
Revised 04/2021 INSURANCE ADVISORY