R22-040 1 RESOLUTION NO. R22- 040
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 CONTRACT WITH TLC DIVERSIFIED, INC. FOR THE EAST WATER
6 TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS
7 PROJECT, BID NO. UTL22-010 IN THE AMOUNT OF $758,225 PLUS A
8 10% CONTINGENCY OF $75,822.50, FOR A TOTAL EXPENDITURE OF
9 $834,047.50, AND APPROVE THE UTILITIES CAPITAL IMPROVEMENT
10 PLAN (CIP) BUDGET ADJUSTMENT OF $427,000 FOR THE PROPOSED
11 PROJECT;AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, on February 14, 2022, five (5) bids were received for the East Water
14 Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010;and
15 WHEREAS, theur ose of the bid was to obtain the services of a licensed, qualified
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16 contractor to install a feed system, tank, and containment area for the addition of fluoride to
17 water treatment process at the East Water Treatment Plant; and
18 WHEREAS, based on the evaluation by City staff and the design engineer, of the
19 information provided with the bids, TLC Diversified, Inc. is the lowest most responsive,
20 responsible,and qualified bidder and award of the contract is recommended to TLC Diversified,
21 Inc; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
24 approve and Authorize the City Manager to sign a contract with TLC Diversified, Inc. for the
25 East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-
26 010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure
27 of$834,047.50, and approve the Utilities Capital Improvement Plan (CIP) budget adjustment of
28 $427,000 for the proposed project.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
30 OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
32 as being true and correct and are hereby made a specific part of this Resolution upon
33 adoption.
34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
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35 approves and authorizes the City Manager to sign a contract with TLC Diversified, Inc. for the
36 East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-
37 010 in the amount of $758,225 plus a 10% contingency of$75,822.50, for a total expenditure
38 of $834,047.50, a copy of the Contract is attached hereto and incorporated herein as Exhibit
39 "A".
40 Section 3. The City Commission hereby approves the Utilities Capital Improvement
41 Plan (CIP) budget adjustment of $427,000 for the proposed project as more particularly
42 described in Exhibit "B" attached hereto.
43 Section 4. That this Resolution shall become effective immediately.
44 PASSED AND ADOPTED this 1st day of March, 2022.
45 CITY OF BOYNTON BEACH, FLORIDA
46 YES NO
47 Mayor—Steven B. Grant
48 Vice Mayor—Woodrow L. Hay ✓
49 Commissioner—Justin Katz
50 Commissioner—Christina L. Romelus
51 Commissioner—Ty Penserga
52 VOTE
53 ATTEST:
54
55 / id 4, i��J�L
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56 C tal Gibson, MMC
57 City Clerk
58
59 (Corporate Seal)
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45'0 N
CONSTRUCTION CONTRACT
EAST WATER TREATMENT FLUORIDE STORAGE AND FEED
IMPROVEMENTS
THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and TLC Diversified, Inc. a [type of
entity:corporation] authorized to do business in the State of Florida, with a business address of 2719 17th
Street East, Palmetto, FL 34221, hereinafter referred to as the"CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related
the EAST WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS; and,
WHEREAS, at its meeting March 1, 2022, by Resolution No.: , the CITY Commission
approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement
hereinafter referred to as Contract No.: UTL22-010.
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 labor, materials, and equipment and perform all the necessary services in
the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled: EAST
WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS, Invitation to Bid
#UTL22-010.
Article 2. CONSULTANT.
Globaltech, Inc. ("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;TERMINATION; LIQUIDATED DAMAGES.
3.1 Contract Time.The WORK will be substantially completed within(270)[two hundred seventy]
calendar days from the effective date of this Agreement, when the Contract Time commences
to run as provided in paragraph 2.3 of the General Conditions for Construction and completed
and ready for final payment in accordance with paragraph 14.9 of the General Conditions for
Construction within 30 calendar days from the date of Substantial Completion.
3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience,
upon providing fourteen (14) business days of written notice to CONTRACTOR for such
termination. In the event of termination, CONTRACTOR shall be paid its compensation for
services performed till the termination date, including services reasonably related to
termination. In the event that CONTRACTOR abandons this Agreement or causes it to be
terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination.
3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement
shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to
perform or observe any of the terms,provisions,conditions,or requirements herein contained,
if such neglect or failure shall continue for a period of thirty (30) days after receipt by
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-1
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CONTRACTOR of written notice of such neglect or failure.
3.4 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 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 suchroof, the CITY and CONTRACTORagree that as
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liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY, (ONE
THOUSAND) Dollars ($1,000.00)for each day that expires after time specified in paragraphs
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 FIFTY Dollars ($250.00)for each day 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 the 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 ContractP rices 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:
SEVEN HUNDRED FIFTY-EIGHT THOUSAND TWO HUNDRED TWENTY-FIVE $758,225.00
(Written) (Numerical)
Article 5. 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, an 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 CITYfor approval. The CITY shall make payment to the CONTRACTOR
within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-2
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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
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.
5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set
forth in Part VII, Chapter 218, Florida Statutes.
Article 6.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 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 Request for Proposal
7.2 Instructions to Proposers
7.3 Proposal Forms(including the Proposal, Schedule(s), Information Required of Proposer,
and all required certificates, affidavits, and other documentation):Attachment A
7.4 Contract
7.5 CONTRACTOR's Performance and Payment Bond
7.6 General Conditions
7.7 General Conditions for Construction
7.8 Special/Supplemental Conditions
7.9 Technical Specifications:Attachment B
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7.10 City Construction Standards and Details (available online at:
www.boynton-beach.orq/water-utilities/new-construction)
7.11 Drawings entitled:Appendix A
ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt
requested,and if sent to CITY shall be mailed to:
Lori LaVerriere, City Manager
City of Boynton Beach -
100 East Ocean Ave,
Boynton Beach, FL 33435 •
Telephone No. (561)742-6000
And if sent to the CONTRACTOR shall be mailed to:
TLC Diversified, Inc.
Attn: Dalas Lamberson,Vice President
2719 17th Street East
Palmetto, FL 34221
Telephone No.: (941)722-0621
Email:dlambersonAticdiv.com
Article 9. INDEMNITY.
9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees,
agents and instrumentalities from liability, losses or damages, including attorneys' fees and
costs of defense, which the CITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or
nature arising out of or resulting from the negligence, recklessness, or intentional wrongful
misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or
subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR
shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the CITY, where applicable,
including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which
may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its
officers, employees, agents and instrumentalities as herein provided.
9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be
placed pursuant to this Agreement, plus the compensation received by CONTRACTOR.
9.3 Upon completion of all services,obligations and duties provided for in this Agreement,or in the
event of termination of this Agreement for any reason, the terms and conditions of this Article
shall survive indefinitely.
9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
CONTRACTOR.
9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or Section 768.28, Florida Statutes, as may be amended
from time to time.
Article 10. 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
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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 the
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.
Article 11. 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:
11.1 Keep and maintain public records required by the CITY to perform the service;
11.2 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;
11.3 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 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,
11.4 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.
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 12. E-VERIFY.
12.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-S
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12.1.1 Definitions for this Section:
A."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 a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "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.
12.1.2 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 13.SCRUTINIZED COMPANIES.
By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a
boycott of Israel.Proposer further certifies that CONTRACTOR 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 the 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, the CONTRACTOR
shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the
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determination of false certification was made in error. If the 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.
Article 14. MISCELLANEOUS.
14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
14.2 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 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.
14.3 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.
14.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
14.5 Prior to final payment of the amount due under the terms of this Agreement,to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR,as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances,rules,orders,regulations and requirements of all local,city,state,and federal
agencies as applicable.
14.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement,and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
14.9 This Agreement will take effect once signed by both.parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
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Article 15. DEFAULT OF CONTRACT&REMEDIES.
15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all.
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
15.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
15.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7)business days.
15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions of the
CITY's designee.
15.2.3 The failure by CONTRACTOR to observe or perform any of the terms,covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR, where
such failure shall continue for a period of seven (7) days after written notice thereof by
CITY to CONTRACTOR; provided, however,that if the nature of CONTRACTOR's default
is such that more than seven (7) days are reasonably required for its cure, then
CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such
cure within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
15.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
15.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have
CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of a petition filed against
CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a
trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or
for CONTRACTOR's interest in this Agreement, where possession is not restored to
CONTRACTOR within thirty(30) days; for attachment, execution or other judicial seizure
of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this
Agreement,where such seizure is not discharged within thirty(30)days.
15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing,of such abandonment,delay, refusal,failure, neglect,or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal, failure, neglect or default is not cured within seven (7)days of when notice
was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten(10)days of such declaration of default, rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement, at its own
cost and expense.
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15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered, or expenses incurred by
reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive
monthly payments equal to those that would have been paid by the CONTRACTOR had
the CONTRACTOR continued to perform the services under the Agreement.
15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of
a subcontractor, or by re-letting a contract for the same, and procure the equipment and
the facilities necessary for the completion of the Agreement, and charge the cost of same
to CONTRACTOR and/or the Surety together with the costs incident thereto to such
default.
15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR,CITY shall retain such differences. Should such cost to CITY be greater,
CONTRACTOR shall pay the amount of such excess to the CITY.
15.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade after CITY gives written notice to the
CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar
(14)days of the receipt by CONTRACTOR of such notice from CITY.
Article 16. FEDERAL REQUIREMENTS.
Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable
federally required standard provisions whether set forth herein below, in 2 CFR Part 200,or otherwise.Any
reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of
this Agreement.
16.1 Equal Employment Opportunity.During the performance of this contract,CONTRACTOR
agrees as follows:
16.1.1 CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training, including apprenticeship. CONTRACTOR agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
16.1.2 CONTRACTOR will, in all solicitations or advertisements for employees placed by
or on behalf of CONTRACTOR,state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex,sexual orientation, gender identity,or
national origin.
16.1.3 CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant.This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless
such disclosure is in response to a formal complaint or charge, in furtherance of an
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-9
Revised 2/17/2022
investigation, proceeding, hearing, or action, including an investigation conducted by the
employer,or is consistent with CONTRACTOR's legal duty to furnish information.
16.1.4 CONTRACTOR will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers'
representative of CONTRACTOR's commitments under section 202 of Executive Order 11246
of September 24, 1965,and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
16.1.5 CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
16.1.6 CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto,.and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
16.1.7 In the event of CONTRACTOR's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders,this Agreement may
be canceled, terminated or suspended in whole or in part and CONTRACTOR may be
declared ineligible for further Government contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law.
16.1.8 CONTRACTOR will include the provisions of paragraphs(16.1.1)through(16.1.8)
in every subcontract or purchase order unless exempted by rules,regulations,or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
CONTRACTOR will take such action with respect to any subcontract or purchase order as
may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however,that in the event CONTRACTOR becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction,CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work:Provided,that if the CITY so participating is a state or local government,the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The CITY further agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary
of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from,or who has not demonstrated eligibility for,Government contracts and federally
assisted construction contracts pursuant to the Executive Order 'and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-10
Revised 2/17/2022
•
contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it
fails or refuses to comply with these undertakings,the administering agency may take any or
all of the following actions: Cancel, terminate, or suspend in whole orin part this grant
(contract, loan, insurance, guarantee); refrain from extending any further assistance to the
CITY under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such CITY; and refer the case to the
Department of Justice for appropriate legal proceedings.
16.2 Davis-Bacon Act. CONTRACTOR shall comply with the Davis-Bacon Act(40 U.S.C.276a
• to 276a-7)as supplemented by Department of Labor Regulations(29 CFR Part 5). In accordance with
the statute, CONTRACTOR must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition,CONTRACTOR must be required to pay wages not less than once a week.
16.3 Copeland "Anti-Kickback" Act. CONTRACTOR shall comply with the Copeland "Anti-
Kickback"Act, (40 U.S.C.3145),as supplemented by Department of Labor regulations (29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). CONTRACTOR must be prohibited from inducing, by any
means,any person employed in the construction, completion, or repair of public work,to give up any
part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or
reported violations to the Federal awarding agency.
16.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where
applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5) CONTRACTOR must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous.
16.4.1 Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such workweek.
16.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (16.4.1) of this section the CONSULTANT and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory,to such District or to such territory),for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph(16.4.1)of this section,in the sum of$10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph(16.4.1)of this section.
16.4.3 Withholding for unpaid wages and liquidated damages. CITY shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld,from any moneys payable on account of work performed by
CONSULTANT or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-11
Revised 2/17/2022
as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph(16.4.2)of this section.
16.4.4 Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (16.4.1) through (16.4.4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(16.4.1)through(16.4.4)of this section.
16.5 CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act,as
amended (33 U.S.C. 1251-1387). CITY will report violations to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
16.5.1 Clean Air Act.CONTRACTOR agrees to comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
CONTRACTOR agrees to report each violation to CITY and understands and agrees that the
CITY will, in turn, report each violation as required to assure notification to the State, Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. CONTRACTOR agrees to include these requirements in each subcontract
exceeding$150,000 financed in whole or in part with Federal assistance.
16.5.2 Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each
violation to the CITY and understands and agrees that the CITY will, in turn, report each
violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
CONTRACTOR agrees to include these requirements in each subcontract exceeding one
hundred fifty thousand dollars($150,000)financed in whole or in part with Federal assistance.
16.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2
C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the
contractor's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. §
180.905)are excluded(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R.§ 180.935).
16.6.1 CONSULTANT must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt.3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into. This certification is a material representation of fact relied
upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State
and CITY,the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
16.6.2 The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R.pt. 3000,subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer.The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
16.7 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file
the required certification pursuant to 31 U.S.C. 1352.Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract,grant,or any other award covered by 31 U.S.C.§ 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-12
Revised 2/17/2022
•
16.8 Compliance with State Energy Policy and Conservation Act.CONSULTANT shall comply
with all mandatory standards and policies relating to energy efficiency contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L.94-163,
89 Stat.871).
16.9 Procurement of Recovered Materials. The CITY and CONSULTANT must comply with
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that
maximizes energy and resource recovery-, and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
16.10 Reporting. Pursuant to 44 CFR 13.36(i)(7), CONSULTANT shall comply with federal
requirements and regulations pertaining to reporting, including but not limited to those set forth at 44
CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S.
DOT Administrator, the Comptroller General of the United States, or any of their authorized
representative access to any books, documents, papers, and records of CONSULTANT which are
directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and
transcriptions.Also,both Parties agree to provide FEMA Administrator or his authorized representative
access to construction or other work sites pertaining to the work being completed under the
Agreement.
16.11 Rights to Inventions. CONSULTANT agrees that if this Agreement results in any
copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive
and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or
inventions for Federal Government purposes.
16.12 No Obligation by the Federal Government. The federal government is not a party to this
contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any
other party pertaining to any matter resulting from the contract.
16.13 Department of Homeland Security(DHS)Seal, Logo,and Flags. CONTRACTOR shall not
use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific federal pre-approval.
16.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that federal financial assistance willbe used to fund the Agreement only.
CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies,
procedures,and directives.
16.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to
CONSULTANT's actions pertaining to this Agreement.
16.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As
used in this clause, the terms backhaul; covered foreign country; covered telecommunications
equipment or services; interconnection arrangements; roaming; substantial or essential component;
and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-
143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment
or Services(Interim),as used in this clause.
16.16.1 Prohibitions.
16.16.1.1 Section 889(b)of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. No. 115-232,and 2 C.F.R.§200.216 prohibit the head
of an executive agency on or after Aug.13,2020,from obligating or expending grant,
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-13
Revised 2/17/2022
cooperative agreement,loan,or loan guarantee funds on certain telecommunications
products or from certain entities for national security reasons.
16.16.1.2 Unless an exception in paragraph 16.16.2 of this clause applies, the
CONTRACTOR and its subcontractors may not use grant, cooperative agreement,
loan,or loan guarantee funds from the Federal Emergency Management Agency to:
16.16.1.2.1 Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system,or as critical technology of any system;
16.16.1.2.2 Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system,or as critical technology of any system;
16.16.1.2.3 Enter into, extend, or renew contracts with entities that use
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any
system;or
16.16.1.2.4 Provide,as part of its performance of this contract,subcontract,
or other contractual instrument,any equipment,system,or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any
system.
16.16.2 Exceptions.
16.16.2.1 This clause does not prohibit CONTRACTOR from providing: (i)A service
that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or (ii) Telecommunications equipment that cannot
route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
16.16.2.2. By necessary implication and regulation,the prohibitions also do not apply
to: (i)Covered telecommunications equipment or services that: i.Are not used as a
substantial or essential component of any system; and ii. Are not used as critical
technology of any system. (ii) Other telecommunications equipment or services that
are not considered covered telecommunications equipment or services.
16.16.3 Reporting requirement.
16.16.3.1 In the event CONTRACTOR identifies covered telecommunications
equipment or services used as a substantial or essential component of any system,
or as critical technology as part of any system, during contract performance, or the
contractor is notified of such by a subcontractor at any tier or by any other source,the
contractor shall report the information in paragraph 16.16.3.2 of this clause to the
recipient or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
16.16.3.2 The CONTRACTOR shall report the following information pursuant to
paragraph 16.16.3.1 of this clause: (i)Within one business day from the date of such
identification or notification:The contract number;the order number(s), if applicable;
supplier name; supplier unique entity identifier(if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number (original
equipment manufacturer number,manufacturer part number,or wholesaler number);
item description; and any readily available information about mitigation actions
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS . C-14
Revised 2/17/2022
undertaken or recommended. (ii) Within ten (10) business days of submitting the
information in paragraph 24.16.3.1 of this clause: Any further available information
about mitigation actions undertaken or recommended.In addition,the contractor shall
describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be •
incorporated to prevent future use or submission of covered telecommunications
equipment or services.The CONTRACTOR shall insert the substance of this clause,
including this in all subcontracts and other contractual instruments.
16.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with
law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States. This
includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For
purposes of this clause: Produced in the United States means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings, occurred
in the United States. Manufactured products mean items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such
as polyvinyl chloride pipe;aggregates such as concrete;glass, including optical fiber;and lumber.
16.18 Affirmative Socioeconomic Steps. If subcontracts are to be let,CONTRACTOR is required
to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority
businesses,women's business enterprises,and labor surplus area firms are used when possible.
16.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the
CONTRACTOR grants to CITY,a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license
in data first produced in the performance of this contract to reproduce, publish, or otherwise use,
including prepare derivative works, distribute copies to the public, and perform publicly and display
publicly such data. For data required by the contract but not first produced in the performance of this
contract, CONTRACTOR will identify such data and grant to the CITY or acquires on its behalf a
license of the same scope as for data first produced in the performance of this contract.Data,as used
herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written
reports or literary works, software and/or source code, music, choreography, pictures or images,
graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video
recordings, and architectural works. Upon or before the completion of this contract, CONTRACTOR
will deliver to the CONTRACTOR data first produced in the performance of this contract and data
required by the contract but not first produced in the performance of this contract in formats acceptable
by CONTRACTOR.
SIGNATURE PAGE FOLLOWS
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-15
Revised 2/17/2022
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year written
below.
DATED this day of ,2022.
CITY OF BOYNTON BEACH: CONTRACTOR:TLC Diversified, Inc.
Lori LaVerriere,City Manager (Signature), Company Authorized Official
Print Name of Authorized Official
Title
(Corporate Seal)
Attest/Authenticated:
Witness
Print Name
Approved;: to F•: m:
Jam•' A. Cheraf
Office of the e orney
Attested/Authenticated:47/3a794
ut
//w /he4 j
CFtal Gibson City Clerk
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-16
Revised 2/17/2022
,`G%'tYOF
Wt Si
u
�Y I - s-
4, �
TON 6
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.UTL22-020—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS 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 , 2022.
•
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Bid No.UTL22-020—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PFB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
ATO 6
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 , 2022,
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.
3. No suit or action shall be commenced hereunder by any claimant:
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
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 , 2022.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS PYB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
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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 U
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 ,2022.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Bid No.UTL22-020—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS 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 REQUIRED
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
INSURANCE ADVISORY Revised 04/2021.
IZA61- OLIO
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TON 6
CONSTRUCTION CONTRACT
EAST WATER TREATMENT FLUORIDE STORAGE AND FEED
IMPROVEMENTS
THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and TLC Diversified, Inc. a [type of
entity:corporation] authorized to do business in the State of Florida, with a business address of 2719 17th
Street East, Palmetto, FL 34221, hereinafter referred to as the"CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related
the EAST WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS; and,
WHEREAS, at its meeting March 1, 2022, by Resolution No.: the CITY Commission
approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement
hereinafter referred to as Contract No.: UTL22-010.
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 labor, materials, and equipment and perform all the necessary services in
the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled: EAST
WATER TREATMENT PLANT FLUORIDE STORAGE AND FEED IMPROVEMENTS, Invitation to Bid
UTL22-010.
Article 2. CONSULTANT.
Globaltech, Inc. ("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;TERMINATION; LIQUIDATED DAMAGES.
3.1 Contract Time.The WORK will be substantially completed within(270)[two hundred seventy]
calendar days from the effective date of this Agreement, when the Contract Time commences
to run as provided in paragraph 2.3 of the General Conditions for Construction and completed
and ready for final payment in accordance with paragraph 14.9 of the General Conditions for
Construction within 30 calendar days from the date of Substantial Completion.
3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience,
upon providing fourteen (14) business days of written notice to CONTRACTOR for such
termination. In the event of termination, CONTRACTOR shall be paid its compensation for
services performed till the termination date, including services reasonably related to
termination. In the event that CONTRACTOR abandons this Agreement or causes it to be
terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination.
3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement
shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to
perform or observe any of the terms, provisions,conditions,or requirements herein contained,
if such neglect or failure shall continue for a period of thirty (30) days after receipt by
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-1
Revised 2/17/2022
CONTRACTOR of written notice of such neglect or failure.
3.4 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 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, (ONE
THOUSAND) Dollars($1,000.00)for each day that expires after time specified in paragraphs
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 FIFTY Dollars ($250.00)for each day 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 the 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:
SEVEN HUNDRED FIFTY-EIGHT THOUSAND TWO HUNDRED TWENTY-FIVE 758,225.00
Written) Numerical)
Article 5. 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, an 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
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-2
Revised 2/17/2022
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
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.
5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set
forth in Part VII, Chapter 218, Florida Statutes.
Article 6.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 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 Request for Proposal
7.2 Instructions to Proposers
7.3 Proposal Forms (including the Proposal, Schedule(s), Information Required of Proposer,
and all required certificates, affidavits, and other documentation):Attachment A
7.4 Contract
7.5 CONTRACTOR's Performance and Payment Bond
7.6 General Conditions
7.7 General Conditions for Construction
7.8 Special/Supplemental Conditions
7.9 Technical Specifications:Attachment B
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-3
Revised 2/17/2022
7.10 City Construction Standards and Details (available online at:
www.boynton-beach.orq/water-utilities/new-construction)
7.11 Drawings entitled:Appendix A
ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt
requested, and if sent to CITY shall be mailed to:
Lori LaVerriere, City Manager
City of Boynton Beach
100 East Ocean Ave,
Boynton Beach, FL 33435
Telephone No. (561)742-6000
And if sent to the CONTRACTOR shall be mailed to:
TLC Diversified, Inc.
Attn: Dalas Lamberson,Vice President
2719 17th Street East
Palmetto, FL 34221
Telephone No.: (941)722-0621
Email:dlamberson@ticdiv.com
Article 9. INDEMNITY.
9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees,
agents and instrumentalities from liability, losses or damages, including attorneys' fees and
costs of defense, which the CITY or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or
nature arising out of or resulting from the negligence, recklessness, or intentional wrongful
misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or
subcontractors during the term of this Agreement or resulting thereafter.The CONTRACTOR
shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the CITY, where applicable,
including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which
may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its
officers, employees, agents and instrumentalities as herein provided.
9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be
placed pursuant to this Agreement, plus the compensation received by CONTRACTOR.
9.3 Upon completion of all services,obligations and duties provided for in this Agreement,or in the
event of termination of this Agreement for any reason, the terms and conditions of this Article
shall survive indefinitely.
9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
CONTRACTOR.
9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or Section 768.28, Florida Statutes, as may be amended
from time to time.
Article 10. 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
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-4
Revised 2/17/2022
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 the
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.
Article 11. 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:
11.1 Keep and maintain public records required by the CITY to perform the service;
11.2 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;
11.3 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 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,
11.4 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.
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 12. E-VERIFY.
12.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-5
Revised 2/17/2022
12.1.1 Definitions for this Section:
A."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 a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to,a vendor or consultant.
B. "Subcontractor"means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary,wages,or
other remuneration.
C. "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.
12.1.2 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 13.SCRUTINIZED COMPANIES.
By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a
boycott of Israel.Proposer further certifies that CONTRACTOR 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 the 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, the CONTRACTOR
shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-6
Revised 2/17/2022
determination of false certification was made in error. If the 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.
Article 14. MISCELLANEOUS.
14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
14.2 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 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.
14.3 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.
14.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
14.5 Prior to final payment of the amount due under the terms of this Agreement,to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR,as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances,rules,orders,regulations and requirements of all local,city,state,and federal
agencies as applicable.
14.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement,and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
14.9 This Agreement will take effect once signed by both.parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
Bid No.UTL22-010—Boynton Beach Utilities—EWTP FLUORIDE STORAGE AND FEED IMPROVEMENTS C-7
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Article 15. DEFAULT OF CONTRACT&REMEDIES.
15.1 Correction of Work. If, in the judgment of CITY,work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
15.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
15.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7)business days.
15.22 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions of the
CITY's designee.
15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR, where
such failure shall continue for a period of seven (7) days after written notice thereof by
CITY to CONTRACTOR; provided, however,that if the nature of CONTRACTOR's default
is such that more than seven (7) days are reasonably required for its cure, then
CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such
cure within said seven (7) day period and thereafter diligently prosecutes such cure to
completion.
15.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
15.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have
CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of a petition filed against
CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a
trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or
for CONTRACTOR's interest in this Agreement, where possession is not restored to
CONTRACTOR within thirty(30) days;for attachment, execution or other judicial seizure
of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this
Agreement,where such seizure is not discharged within thirty(30)days.
15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR,in writing,of such abandonment,delay,refusal,failure,neglect,or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal,failure, neglect or default is not cured within seven (7)days of when notice
was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten(10)days of such declaration of default,rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement,at its own
cost and expense.
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15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered,or expenses incurred by
reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive
monthly payments equal to those that would have been paid by the CONTRACTOR had
the CONTRACTOR continued to perform the services under the Agreement.
15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of
a subcontractor, or by re-letting a contract for the same, and procure the equipment and
the facilities necessary for the completion of the Agreement, and charge the cost of same
to CONTRACTOR and/or the Surety together with the costs incident thereto to such
default.
15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR,CITY shall retain such differences. Should such cost to CITY be greater,
CONTRACTOR shall pay the amount of such excess to the CITY.
15.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade after CITY gives written notice to the
CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar
14)days of the receipt by CONTRACTOR of such notice from CITY.
Article 16. FEDERAL REQUIREMENTS.
Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable
federally required standard provisions whether set forth herein below,in 2 CFR Part 200,or otherwise.Any
reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of
this Agreement.
16.1 Equal Employment Opportunity.During the performance of this contract,CONTRACTOR
agrees as follows:
16.1.1 CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training, including apprenticeship. CONTRACTOR agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
16.1.2 CONTRACTOR will, in all solicitations or advertisements for employees placed by
or on behalf of CONTRACTOR,state that all qualified applicants will receive consideration for
employment without regard to race,color, religion,sex,sexual orientation, gender identity,or
national origin.
16.1.3 CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant.This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless
such disclosure is in response to a formal complaint or charge, in furtherance of an
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investigation, proceeding, hearing, or action, including an investigation conducted by the
employer,or is consistent with CONTRACTOR's legal duty to furnish information.
16.1.4 CONTRACTOR will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers'
representative of CONTRACTOR's commitments under section 202 of Executive Order 11246
of September 24, 1965,and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
16.1.5 CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
16.1.6 CONTRACTOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
16.1.7 In the event of CONTRACTOR's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this Agreement may
be canceled, terminated or suspended in whole or in part and CONTRACTOR may be
declared ineligible for further Government contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
16.1.8 CONTRACTOR will include the provisions of paragraphs(16.1.1)through(16.1.8)
in every subcontract or purchase order unless exempted by rules,regulations,or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
CONTRACTOR will take such action with respect to any subcontract or purchase order as
may be directed by the Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however,that in the event CONTRACTOR becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction,CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
The CITY further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work:Provided,that if the CITY so participating is a state or local government,the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The CITY further agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary
of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The CITY further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from,or who has not demonstrated eligibility for,Government contracts and federally
assisted construction contracts pursuant to the Executive Order 'and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
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contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it
fails or refuses to comply with these undertakings,the administering agency may take any or
all of the following actions: Cancel, terminate, or suspend in whole or in part this grant
contract, loan, insurance, guarantee); refrain from extending any further assistance to the
CITY under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such CITY;and refer the case to the
Department of Justice for appropriate legal proceedings.
16.2 Davis-Bacon Act. CONTRACTOR shall comply with the Davis-Bacon Act(40 U.S.C. 276a
to 276a-7)as supplemented by Department of Labor Regulations(29 CFR Part 5). In accordance with
the statute, CONTRACTOR must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition,CONTRACTOR must be required to pay wages not less than once a week.
16.3 Copeland "Anti-Kickback" Act. CONTRACTOR shall comply with the Copeland "Anti-
Kickback"Act,(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). CONTRACTOR must be prohibited from inducing, by any
means,any person employed in the construction, completion,or repair of public work,to give up any
part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or
reported violations to the Federal awarding agency.
16.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where
applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5) CONTRACTOR must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous.
16.4.1 Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such workweek.
16.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (16.4.1) of this section the CONSULTANT and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory,to such District or to such territory),for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (16.4.1)of this section,in the sum of$10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph(16.4.1)of this section.
16.4.3 Withholding for unpaid wages and liquidated damages. CITY shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld,from any moneys payable on account of work performed by
CONSULTANT or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums
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as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph(16.4.2)of this section.
16.4.4 Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (16.4.1) through (16.4.4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(16.4.1)through(16.4.4)of this section.
16.5 CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(427401-U.S.C.7671 q)and the Federal Water Pollution Control Act,as
amended(33 U.S.C. 1251-1387). CITY will report violations to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
16.5.1 Clean Air Act.CONTRACTOR agrees to comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.q
CONTRACTOR agrees to report each violation to CITY and understands and agrees that the9P9
CITY will, in turn, report each violation as required to assure notification to the State, Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. CONTRACTOR agrees to include these requirements in each subcontract
exceeding$150,000 financed in whole or in part with Federal assistance.
16.5.2 Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each
violation to the CITY and understands and agrees that the CITY will, in turn, report each
violation as required to assure notification to the State, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
CONTRACTOR agrees to include these requirements in each subcontract exceeding one
hundred fifty thousand dollars($150,000)financed in whole or in part with Federal assistance.
16.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2
C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the
contractor's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. §
180.905)are excluded(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R.§ 180.935).
16.6.1 CONSULTANT must comply with C.F.R. pt. 180,subpart C and 2 C.F.R. pt.3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.This certification is a material representation of fact relied
upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State
and CITY,the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
16.6.2 The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer.The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
16.7 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file
the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract,grant,or any other award covered by 31 U.S.C.§ 1352. Each tier shallalso disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
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16.8 Compliance with State Energy Policy and Conservation Act.CONSULTANT shall comply
with all mandatory standards and policies relating to energy efficiency contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L.94-163,
89 Stat.871).
16.9 Procurement of Recovered Materials. The CITY and CONSULTANT must comply with
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
RecoveryAct.The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
16.10 Reporting. Pursuant to 44 CFR 13.36(1)(7), CONSULTANT shall comply with federal
requirements and regulations pertaining to reporting, including but not limited to those set forth at 44
CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S.
DOT Administrator, the Comptroller General of the United States, or any of their authorized
representative access to any books, documents, papers, and records of CONSULTANT which are
directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and
transcriptions.Also,both Parties agree to provide FEMA Administrator or his authorized representative
access to construction or other work sites pertaining to the work being completed under the
Agreement.
16.11 Rights to Inventions. CONSULTANT agrees that if this Agreement results in any
copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive
and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or
inventions for Federal Government purposes.
16.12 No Obligation by the Federal Government. The federal government is not a party to this
contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any
other party pertaining to any matter resulting from the contract.
16.13 Department of Homeland Security(DHS)Seal, Logo,and Flags. CONTRACTOR shall not
use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific federal pre-approval.
16.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that federal financial assistance willbe used to fund the Agreement only.
CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies,
procedures,and directives.
16.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to
CONSULTANT's actions pertaining to this Agreement.
16.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As
used in this clause, the terms backhaul; covered foreign country,_ covered telecommunications
equipment or services; interconnection arrangements; roaming; substantial or essential component;
and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-
143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment
or Services(Interim),as used in this clause.
16.16.1 Prohibitions.
16.16.1.1 Section 889(b)of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. No. 115-232,and 2 C.F.R.§200.216 prohibit the head
of an executive agency on or after Aug.13,2020,from obligating or expending grant,
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cooperative agreement,loan,or loan guarantee funds on certain telecommunications
products or from certain entities for national security reasons.
16.16.1.2 Unless an exception in paragraph 16.16.2 of this clause applies, the
CONTRACTOR and its subcontractors may not use grant, cooperative agreement,
loan,or loan guarantee funds from the Federal Emergency Management Agency to:
16.16.1.2.1 Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system,or as critical technology of any system;
16.16.1.2.2 Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system,or as critical technology of any system;
16.16.1.2.3 Enter into, extend, or renew contracts with entities that use
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any
system;or
16.16.1.2.4 Provide,as part of its performance of this contract,subcontract,
or other contractual instrument,any equipment,system,or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any
system.
16.16.2 Exceptions.
16.16.2.1 This clause does not prohibit CONTRACTOR from providing: (i)A service
that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or (ii) Telecommunications equipment that cannot
route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
16.16.2.2 By necessary implication and regulation,the prohibitions also do not apply
to: (i) Covered telecommunications equipment or services that: i.Are not used as a
substantial or essential component of any system; and ii. Are not used as critical
technology of any system. (ii)Other telecommunications equipment or services that
are not considered covered telecommunications equipment or services.
16.16.3 Reporting requirement.
16.16.3.1 In the event CONTRACTOR identifies covered telecommunications
equipment or services used as a substantial or essential component of any system,
or as critical technology as part of any system, during contract performance, or the
contractor is notified of such by a subcontractor at any tier or by any other source,the
contractor shall report the information in paragraph 16.16.3.2 of this clause to the
recipient or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
16.16.3.2 The CONTRACTOR shall report the following information pursuant to
paragraph 16.16.3.1 of this clause: (i)Within one business day from the date of such
identification or notification:The contract number;the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number (original
equipment manufacturer number,manufacturer part number,or wholesaler number);
item description; and any readily available information about mitigation actions
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undertaken or recommended. (ii) Within ten (10) business days of submitting the
information in paragraph 24.16.3.1 of this clause: Any further available information
about mitigation actions undertaken or recommended.In addition,the contractor shall
describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be
incorporated to prevent future use or submission of covered telecommunications
equipment or services.The CONTRACTOR shall insert the substance of this clause,
including this in all subcontracts and other contractual instruments.
16.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with
law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States. This
includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For
purposes of this clause: Produced in the United States means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings, occurred
in the United States. Manufactured products mean items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such
as polyvinyl chloride pipe;aggregates such as concrete;glass, including optical fiber;and lumber.
16.18 Affirmative Socioeconomic Steps. If subcontracts are to be let,CONTRACTOR is required
to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority
businesses,women's business enterprises,and labor surplus area firms are used when possible.
16.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the
CONTRACTOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license
in data first produced in the performance of this contract to reproduce, publish, or otherwise use,
including prepare derivative works, distribute copies to the public, and perform publicly and display
publicly such data. For data required by the contract but not first produced in the performance of this
contract, CONTRACTOR will identify such data and grant to the CITY or acquires on its behalf a
license of the same scope as for data first produced in the performance of this contract.Data,as used
herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written
reports or literary works, software and/or source code, music, choreography, pictures or images,
graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video
recordings, and architectural works. Upon or before the completion of this contract, CONTRACTOR
will deliver to the CONTRACTOR data first produced in the performance of this contract and data
required by the contract but not first produced in the performance of this contract in formats acceptable
by CONTRACTOR.
SIGNATURE PAGE FOLLOWS
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