R22-079 1 RESOLUTION NO. R22- 079
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD OF BID NO. PWE22-013 FOR "INDUSTRIAL WAY
5 DRAINAGE IMPROVEMENTS - PHASE I", AND AUTHORIZING THE
6 INTERIM CITY MANAGER TO SIGN A CONTRACT AND ISSUE A
7 PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE
8 BIDDER, R & D PAVING, LLC OF WEST PALM BEACH, FLORIDA, IN THE
9 AMOUNT OF $1,007,061.00; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, on March 2, 2022, Purchasing Services issued a Bid for "Industrial Way
12 Drainage Improvements" with a mandatory pre-bid meeting held on March 16, 2022 in
13 order to review the project with interested and qualified contactors; and
14 WHEREAS, the purpose of the bid was to obtain the services of a qualified contractor
15 to construct a full-depth two-lane roadway reconstruction and re-grading; over 750 linear feet
16 of 24-inch and 18-inch polypropylene drainage pipe inclusive of eleven drainage structures,
17 perforated pipe, and 6-foot-wide exfiltration trench; new curbing and swale re-grading
18 throughout the project area; and incidental construction of sidewalk, driveways, sod, pavement
19 markings, signage, water main deflections, and sewer lateral reconstruction; and
20 WHEREAS, on April 6, 2022, the City received and opened a total of two (2) submittals
21 to this Bid and after reviewing the bid and references submitted by R& D Paving, LLC City staff
22 and Purchasing Services recommend this project be awarded to R & D Paving, LLC as the
23 lowest, responsive, responsible bidder; and
24 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
25 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
26 approve award of Bid No. PWE22-013 for "Industrial Way Drainage Improvements - Phase I",
27 and authorize the Interim City Manager to sign a Contract and issue a Purchase Order to the
28 lowest responsive and responsible bidder, R & D Paving, LLC of West Palm Beach, Florida, in
29 the amount of $1,007,061.00.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
31 OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
33 as being true and correct and are hereby made a specific part of this Resolution upon
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34 adoption.
35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
36 approves award of Bid No. PWE22-013 for "Industrial Way Drainage Improvements - Phase I",
37 and authorizes the Interim City Manager to sign a Contract and issue a Purchase Order to the
38 lowest responsive and responsible bidder, R & D Paving, LLC of West Palm Beach, Florida, in
39 the amount of$1,007,061.00,a copy of the Contract is attached hereto and incorporated herein
40 as Exhibit "A".
41 Section 3. That this Resolution shall become effective immediately.
42 PASSED AND ADOPTED this 7th day of June, 2022.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45 Mayor—Ty Penserga ./
46 Vice-Mayor—Angela Cruz ,/
47 Commissioner—Woodrow L. Hay ✓
48 Commissioner—Thomas Turkin
49 Commissioner—Aimee Kelley
50 VOTE 5"0
51 ATTEST:
52
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55 Maylee •eie.us, MMC
56 City Clerk, 530YNTo‘N%
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CONSTRUCTION CONTRACT
Industrial Way Drainage Improvements — Phase I
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 R& D Paving, LLC
a corporation authorized to do business in the State of Florida, with a business address of 400 Executive
Center Drive, Suite 210,West Palm Beach, FL 33401, hereinafter referred to as the"CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related
the INDUSTRIAL WAY DRAINAGE IMPROVEMENTS—PHASE I; and,
WHEREAS, at its meeting of June 7, 2022, by Resolution, the CITY Commission approved this
award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter
referred to as Contract No.: PWE22-013.
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: JITB No.:
PWE22-013, Industrial Way Drainage Improvements -Phase I.
Article 2. CONSULTANT.
CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and
responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the
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 (90) [Ninety] 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 and completed and ready for final
payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar
days from the date of Substantial Completion.
3.2 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
Bid No.PWE22-013—Industrial Way Drainage Improvement—PHI C-1
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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 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, jdollar amountl Dollars ($00.00) for each day of
malfunction.
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:
One Million Seven Thousand Sixty-One Dollars and 00/100 $1,007,061.00
(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 Payment and submission of an acceptable updated progress schedule.
Bid No.PWE22-013—Industrial Way Drainage Improvement—PH I C-2
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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)
7.4 Contract
7.5 CONTRACTOR's Performance and Payment Bond
7.6 General Conditions
7.7 Special /Supplemental Conditions
7.8 Specifications and Technical Requirements
7.9 City Construction Standards and Details available online at:
www.boynton-beach.orq/water-utilities/new-construction
Bid No.PWE22-013—Industrial Way Drainage Improvement—PH I C-3
;004M197.1 706-90018211
https://www.boynton-beach.org/engineeri nq/new-construction-department-public-
works-engineering-division
7.10 Drawings entitled:Attachment A
7.11 Geotechnical Report: Attachment B
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:
Jim Stables, Interim 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:
Nancy Rosso
R& D Paving, LLC
400 Executive Center Drive
Suite 210
West Palm Beach, FL 33401
Telephone No. (561)588-6681
Email: nancyAranddpaving 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.
Bid No.PWE22.013—Industrial Way Drainage Improvement—PH I C-4
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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
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:
(CITY CLERK OFFICE)
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6060
CityClerk@bbfl.us
Bid No.PWE22-013—Industrial Way Drainage Improvement—PHI C-5
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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.
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
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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 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
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0464197.1 306-9001821}
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.
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
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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.
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.
15.3.4 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.
SIGNATURE PAGE FOLLOWS
Bid No.PWE22-013—Industrial Way Drainage Improvement—PI-I I C-9
10C4W!97.1 JCE-93OI82 l
This Agreement will take effect once signed by both parties. This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the
parties. A facsimile signature shall constitute an original signature for all purposes.
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year
written below.
ril
DATED this day of , 2022.
CITY OF BOYNTON BEACH: CONTRACTOR: R & D PAVING, LLC
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-- - - City Clerk
Bid No.PWE22-013—Industrial Way Dra nage Improvement—PH I C-10
704(4107.1 306-900182 I