R23-077 1 RESOLUTION NO. R23-077
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD OF BID NO. UTL23-025 FOR SILVERWOOD AREA
5 WASTEWATER FORCE MAIN INSTALLATION PROJECT AND
6 AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH AND
7 ISSUE A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND
8 RESPONSIBLE BIDDER SOUTHERN UNDERGROUND INDUSTRIES, INC.
9 OF POMPANO BEACH, FLORIDA IN THE AMOUNT OF $1,660,135.00
10 PLUS A 10% CONTINGENCY OF $166,013.50 IF NEEDED FOR STAFF
11 APPROVED CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A
12 TOTAL EXPENDITURE OF $1,826,148.50; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, On March 21, 2023, Purchasing Services issued a Bid for Silverwood
16 Area Wastewater Force Main Installation project to obtain the services of a qualified
17 Contractor for the installation of a total of 6,900 LF of 6 inch to 10 inch pipe along Hypoluxo
18 Road and Lawrence Road; and
19 WHEREAS, On April 20, 2023, Purchasing received and opened a total of five (5) bid
20 proposals for Bid No. UTL23-025 Silverwood Area Wastewater Force Main Installation project;
21 however, three were deemed non-responsive due to missing required documentation; and
22 WHEREAS, based on the reference reviews, and bid review evaluation of all the
23 information provided as well as the specific project experience qualifications criteria
24 established in the Bid Documents, City Staff and Purchasing Services recommend the project
25 be awarded to Southern Underground Industries, Inc. as the lowest most responsive,
26 responsible bidder; and
27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
28 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
29 approve award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation
30 project and authorize the City Manager to sign a contract with and issue a purchase order to
31 the lowest responsive and responsible bidder Southern Underground Industries, Inc. of
32 Pompano Beach, Florida in the amount of$1,660,135.00 plus a 10%contingency of$166,013.50
33 if needed for staff approved change orders for unforeseen conditions for a total expenditure
34 of$1,826,148.50.
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
36 OF BOYNTON BEACH, FLORIDA, THAT:
37 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
38 as being true and correct and are hereby made a specific part of this Resolution upon
39 adoption.
40 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
S:\CA\RESO\Agreements\Award Bid And Contract For Silverwood Wastewater Force Main(Southern Underground)-Reso.Docx
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41 approves award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation
42 project and authorize the City Manager to sign a contract with and issue a purchase order to
43 the lowest responsive and responsible bidder Southern Underground Industries, Inc. of
44 Pompano Beach, Florida in the amount of$1,660,135.00 plus a 10%contingency of$166,013.50
45 if needed for staff approved change orders for unforeseen conditions for a total expenditure
46 of$1,826,148.50. A copy of the Contract is attached hereto and incorporated herein as Exhibit
47 "A".
48 Section 3. That this Resolution shall become effective immediately.
49 PASSED AND ADOPTED this 6th day of June, 2023.
50 CITY OF BOYNTON BEACH, FLORIDA
51
52 YES NO
53
54 Mayor—Ty Penserga ✓
55 ✓
56 Vice Mayor - Thomas Turkin
57
58 Commissioner—Angela Cruz
59
60 Commissioner—Woodrow L. Hay
61
62 Commissioner—Aimee Kelley
63
64 VOTE f-0
65
66 AT ES :
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CONSTRUCTION CONTRACT
SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION
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 Southern Underground
Industries, Inc. a [type of entity: corporation] authorized to do business in the State of Florida, with a
business address of 794 S. Military Trail, Deerfield Beach, Florida 33442, hereinafter referred to as the
"CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related
the SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION; and,
WHEREAS, at its meeting of June 6, 2023, 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.: UTL23-025.
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: jBid No.:
UTL23-025 SILVERWOOD AREA WASTEWATER FORCE MAIN INSTALLATION.
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.
3.01 Contract Time. The WORK will be substantially completed within (2701 [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 and
completed and ready for final payment in accordance with paragraph 14.9 of the General
Conditions within IQ calendar days from the date of Substantial Completion.
3.02 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.
3.03 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
Bid No.UTL23-025—Silverwood Force Main C-1
thirty(30)days after receipt by CONTRACTOR of written notice of such neglect or failure.
3.04 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 Two Hundred] Dollars
($1,200.00) for each day of that expires after the 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 (Three Hundred] Dollars J$300.00] for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR,for 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 SIX HUNDRED SIXTY THOUSAND ONE HUNDRED THIRTY-FIVE AND ZERO CENTS
(Written)
$1,660,135.00
(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
Bid No.UTL23-025—Silverwood Force Main C-2
Work that is the subject of the Application. Each Application for Payment shall be
submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR
within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for
Payment and submission of an acceptable updated progress schedule.
5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the
CITY until Final Completion of the construction services purchased(defined as that point
at which one hundred (100) percent of the construction of the work as defined in the
Contract Schedule of Values has been performed under the contract by the
CONTRACTOR) has been reached and acceptance by CITY.
5.5 The CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by
other 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 Bid
7.2 Instructions to Proposers/ Bidders
7.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of
Proposer/Bidder, and all required certificates, affidavits, and other documentation)
7.4 Contract
7.5 CONTRACTOR's Bid Bond, Performance and Payment Bond
7.6 General Conditions for Construction
7.7 Special Terms and Conditions
7.8 Specifications and Technical Requirements entitled: Attachment A—Carollo Engineers,
Bid No.UTL23-025—Silverwood Force Main C-3
Inc. —Signed & Sealed Special Conditions &Technical Specifications
7.9 City Construction Standards and Details (available online at:
www.bovnton-beach.orq/water-utilities/new-construction)
https://www.bovnton-beach.orq/enqineerinq/new-construction-department-
public-works-engineering-division
7.10 Geotechnical Report, Permits, Surveys, Drawings entitled:
Appendix A. Appendix B.Appendix C &Appendix D
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:
Daniel Dugger, 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:
Southern Underground Industries, Inc.
Attn: Frank D'Alessandro, Vice President
794 S. Military Trail
Deerfiled Beach, FL 33442
Email:frankd(a)southernundergroundindustries.com ;
mikes(a southernundergroundindustries.com
bids( southernu ndergroundindustries.com
Contact Phone: 954-590-0322 ; 954-275-8336 ; 954-295-1083
Article 9.JNDEMNITY.
9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers,
employees, agents, instrumentalities, and the State of Florida, Division of Emergency
Management 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.
Bid No.UTL23-025—Silverwood Force Main C-4
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
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:
11.01 Keep and maintain public records required by the CITY to perform the service;
11.02 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;
11.03 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,
11.04 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'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6060
CityClerk(a.bbfl.US
Bid No.UTL23-025—Silverwood Force Main C-5
Article 12.F-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
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
Bid No.UTL23-025—Silverwood Force Main C-6
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 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
Bid No.UTL23-025—Silverwood Force Main C-7
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 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
Bid No.UTL23-025—Silverwood Force Main C-S
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.
15.3.5 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.
SIGNATURE PAGE FOLLOWS
Bid No.UTL23-025—Silverwood Force Main C-9
"This Agreement will take effect once signed by both parties. This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the parties.
A facsimile signature shall constitute an original signature for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year
set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which
shall be considered an original on the following dates:
DATED this day of , 2023.
3t
CITY OF BOYNTON BEACH SOUTHERN UNDERGROUND INDUST;ZIES, INC.
11111
41114111h;1 ' '
Daniel ', ••- ' ty r W (Signature), Company
Print Name of Authorized Official
Title
(Corporate Seal)
Attest/Authenticated
' 74P.."111!....„
fitness
Print Name
A••ry ,9For�
Michael D. Cirullo, Jr.
Office of the City Attorney
�,(t\1TOryB��
k� ORaT •;F-9
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�° ��•:° �t
Att- -d/Authenticat-a:a to ori •
� �v'; 1SORPORP O� i
9 ,
City Cle , `••'•••........
gi :
t%,‘ FLORA_
Bid No.UTL23-025—Silverwood Force Main C-10
Y 0A,
0A. 4.4r4 ON
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 _i _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.
Bid No.UTL23-025—Silverwood Force Main PFB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
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
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.
Bid No.UTL23-025—Silverwood Force Main PFB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Signed and sealed this day of , 2023.
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Bid No.UTL23-025—Silverwood Force Main PFB-3
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Y OA,
oR 1 �P
ETON 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 , 2023,
entered into a contract with Owner for
in accordance with
drawings and specifications prepared by which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the
Principal for labor, material or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
gasoline,telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)
days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant,may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
Bid No.UTL23-025—Silverwood Force Main PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have given written
notice to any two of the following: the Principal, the Owner, or the Surety above named, within
ninety(90) days after such claimant did or performed the last of the work or labor, or furnished the
last of the materials for which such claimant is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for when the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at
any place where an office is regularly maintained for the transaction of business, or served in any
manner in which legal process may be served in the State in which the aforesaid project is located,
save that such service need not be made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work on such
Contract, it being understood, however,that if any limitation embodied in this bond is prohibited by
any law controlling the construction hereof such limitation shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the United States
District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good
faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record
against such improvements, whether or not claim for the amount of such lien be presented under and
against this bond.
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received payment
for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to
the bond for protection. A claimant who is not in privity with the Contractor and who has not received
payment for its labor, materials, or supplies shall,within 90 days after performance of the labor or after
complete delivery of the materials or supplies,deliver to the Contractor and to the Surety written notice
of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action
for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both
notices have been given. No action shall be instituted against the Contractor or the Surety on the bond
after one (1) year from the performance of the labor or completion of delivery of the materials or
supplies.
Signed and sealed this day of , 2023.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Bid No.UTL23-025—Silverwood Force Main PYB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD
o, . • �P
UPON*
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF , being first duly sworn, deposes and says as follows:
He is
of
(Title) (Name of Corporation or Firm)
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
which is named in Construction Contract dated the day of , 20
between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for
the construction of and Affiant is authorized to
make this Affidavit as, or on behalf of,the Contractor as named above.
Title to all work,materials and equipment covered by the attached Final Application for Payment dated
, passes to the Owner at the time of payment free and clear of all liens, and all
laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or
materials upon such Contract work covered by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of , 2023.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Bid No.UTL23-025—Silverwood Force Main 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
INSURANCEADVISORYFORM Revised 04/2021
INSURANCE ADVISORY