R23-138 1 RESOLUTION NO. R23-138
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD OF BID NO. UTL23- 030 FOR THE WEST
5 WELLFIELD ELECTRICAL UPGRADE - 4W, 5W, 7W, AND 8W AND
6 AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT AND ISSUE
7 A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE
8 BIDDER GRID ONE ELECTRICAL CONSTRUCTION, INC. OF SOUTH BAY,
9 FLORIDA IN THE AMOUNT OF $1,610,000.00 PLUS A 10%
10 CONTINGENCY OF $161,000.00 FOR STAFF APPROVAL OF CHANGE
11 ORDERS FOR UNFORESEEN CONDITIONS (IF NEEDED) FOR A TOTAL
12 EXPENDITURE OF $1,771,000, AND APPROVE A UTILITY CAPITAL
13 IMPROVEMENT FUND (403) BUDGET TRANSFER IN THE AMOUNT OF
14 $976,000.00 FOR THE COMPLETION OF THE PROJECT;AND PROVIDING
15 AN EFFECTIVE DATE.
16
17 WHEREAS, on June 6, 2023, Purchasing Services issued a Bid for the West Wellfield
18 Electrical Upgrade - 4W, 5W, 7W, and 8W with a mandatory pre -bid and site visit meeting
19 held on June 12, 2023 in order to review the project with interest and qualified contractors;
20 and
21 WHEREAS, on July 13, 2023, Purchasing received and opened two (2) bid proposals for
22 Bid No UTL23-030 for West Wellfield Electrical Upgrade 4W,5W,7W, and 8W project both of
23 which were accepted and evaluated; and
24 WHEREAS, based on the reference reviews, and bid review evaluation of all the
25 information provided as well as the specific project experience qualification criteria established
26 in the bid documents, Purchasing Services, City Staff and Carollo Engineers, Inc. recommend
27 the project be awarded to Grid One Electrical Construction, Inc. as the apparent lowest, most
28 responsive, responsible bidder; and
29 WHEREAS, the lowest bid amount of $1,610,000 is higher than the budgeted amount
30 and a budget transfer will be required from the Utility CIP Fund in the amount of $976,000.00
31 to cover the project cost due to unforeseen cost increases in material and equipment; and
32 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
33 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
34 approve award of Bid No. UTL23- 030 for the West Wellfield Electrical Upgrade - 4W, 5W, 7W,
35 and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the
36 lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay,
37 Florida in the amount of $1,610,000.00 plus a 10% contingency of $161,000.00 for staff
38 approval of change orders for unforeseen conditions (if needed) for a total expenditure of
39 $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the
40 amount of$976,000.00 for the completion of the project.
41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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42 OF BOYNTON BEACH, FLORIDA, THAT:
43 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
44 as being true and correct and are hereby made a specific part of this Resolution upon
45 adoption.
46 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
47 approves award of Bid No. UTL23- 030 for the West Wellfield Electrical Upgrade -4W, 5W, 7W,
48 and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the
49 lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay,
50 Florida in the amount of $1,610,000.00 plus a 10% contingency of $161,000.00 for staff
51 approval of change orders for unforeseen conditions (if needed) for a total expenditure of
52 $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the
53 amount of $976,000.00 for the completion of the project. A copy of the Contract is attached
54 hereto and incorporated herein as Exhibit "A".
55 Section 3. That this Resolution shall become effective immediately.
56 PASSED AND ADOPTED this 3rd day of October, 2023.
57 CITY OF BOYNTON BEACH, FLORIDA
58 YES NO
59
60 Mayor—Ty Penserga
61
62 Vice Mayor - Thomas Turkin
63
64 Commissioner—Angela Cruz ✓/
65 /
66 Commissioner—Woodrow L. Hay ✓✓✓
67 /
68 Commissioner—Aimee Kelley ✓
69
70 VOTE —�
71 ATT .
72 __
73 1 � � � _—
74 Maylee D: s, MPA, C _ Ty Pense
75 City Clerk YNT4 N May•
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76 r Ap
77 � SEAL • = �i APPROVED AS TO RM:
78 (Corporate Seal) s ; INCORPORATED?
79 � 1920
David N. Tolces
80 1%.% FLOR'\DP
81 �� Interim City Attorney
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CONSTRUCTION CONTRACT
WEST WELLFIELD ELECTRICAL UPGRADE - 4W, 5W, 7W, & 8W
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 GRID ONE ELECTRICAL
CONSTRUCTION. INC, [type of entity: corporation] authorized to do business in the State of Florida, with
a business address of 390 US Highway 27 N. South Bay. FL 33493 hereinafter referred to as the
"CONTRACTOR".
WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related
the West Wellfield Electrical Upgrade—4W, 5W, 7W, & 8W; and,
WHEREAS, at its meeting of October 3, 2023, 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.: UTL23-030.
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows.
Article 1.SCOPE OF lams.
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: [Bid No.: UTL23-030 WEST WELLFIELD ELECTRICAL UPGRADE—4W, 5W, 7W, &
8W.
Article 2.CONSULTANT.
Carollo Engineers ("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. Phase I Scope of work (includes all work except the generator installation
including enclosure and connection to the transfer switch) will be substantially completed
within (3021 [three hundred two] 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 Phase II all remaining work (including the lead time for the generator)will be
substantially completed within (300) [three hundred] calendar days from Phase I substantial
completion date. Completed and ready for final payment in accordance with paragraph 14.9
of the General Conditions within IQ calendar days from Phase II 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.
Bid No.UTL23-030-W Wellfield Electrical Upgrade 4W SW 7W 8W C-1
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 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 1$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 Ten Thousand and Zero Cents $1.610.090.00
(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.
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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.
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. RETAINAGE.
Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy,
the City/Owner and the Design Builder will inspect the work and develop a punch list covering those
items required to render complete,satisfactory,and acceptable the construction services purchased
by the City/Owner. The punch list will include a schedule of values that provides the estimated cost
to complete each item on the punch list. If the City/Owner and Design Builder are unable to agree
on an item or value, the City/Owner has final discretion whether to include an item and the amount •
for valuation of the cost to complete each item on the punch list. Within 20 business days after the
•
creation of the punch list, the remaining contract balance, including retainage, will be paid to the
Design Builder less an amount equal to 150 percent of the cost to complete the items on the punch
list. Upon reaching final acceptance for an item or all items,the 150 percent withheld for each item
will be released with final payment. For projects valued at$10 million or more,the 30 calendar day
period may be extended to 45 days.
Article 7.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.
Bid No.UTL23-030—W Welifleld Electrical Upgrade 4W SW 7W 8W C-3
Article 8.CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract
as if attached hereto:
8.1 Request for Bid
8.2 Instructions to Proposers/Bidders
8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of
Proposer/Bidder. and all required certificates, affidavits, and other documentation)
8.4 Contract
8.5 CONTRACTOR's Bid Bond, Performance and Payment Bond
8.6 General Conditions for Construction
8.7 Special Terms and Conditions
8.8 Specifications and Technical Requirements entitled: Attachment A—Carollo Engineers,
Inc.—Signed & Sealed Special Conditions & Technical Specifications
8.9 City Construction Standards and Details (available online at:
www.boynton-beach.orq/water-utilities/new-construction)
https.//www.boynton-beach.orq/engineerinq/new-construction-department-
public-works-engineeri nq-division
8.10 Geotechnical Report, Permits, Surveys, Drawings entitled:
Appendix A, Appendix B, Appendix C &Appendix D
ARTICLE 9.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 Dug ger,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:
Grid-One Electrical Construction, Inc.
Attn: Deanna Young (Treasurer); Connie Deaton (President)
390 US Highway 27 N
South Bay, FL 33493
Telephone: 561-996-4488
Email: DeannaWGR1D.com
Article 10.JNDEMNITY.
10.1 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
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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.
10.2 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.
10.3 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.
10.4 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.
10.5 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 11.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 12. 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:
12.01 Keep and maintain public records required by the CITY to perform the service;
12.02 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;
12.03 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,
12.04 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.
•
Bid No.UTL23-030—W Welifield Electrical Upgrade 4W 5W 7W 8W C-5
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6060
CityClerk(a�bbfl.US
Article 13.F-VERIFY.
13.1 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.
13.1.1 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.
13.1.2 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
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jt
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 14. 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 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 15.MISCELLANEOUS,
15.1 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.
15.2 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.
15.3 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.
15.4 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.
15.5 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 1
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.
15.6 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.
15.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
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ordinances, rules, orders, regulations and requirements of all local, city, state, and federal
agencies as applicable.
15.8 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.
15.9 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 16. DEFAULT OF CONTRACT&REMEDIES.
16.1 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.
16.2 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:
16.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
16.2.2 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.
16.2.3 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.
16.2.4 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.
16.2.5 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
Bid No.UTL23-030—W Wellfield Electrical Upgrade 4W 5W 7W SW C.S
Agreement., where such seizure is not discharged within thirty(30) days.
16.3 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 he 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.
16.3.1 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.
16.3.2 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.
16.3.3 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 17. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701.
Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, that the City will not request documentation of or consider a Bidder's social, political,
or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are
further notified that the City's governing body may not give preference to a Bidder based on the
Bidder's social, political, or ideological interests.
Article 18. SOVEREIGN IMMUNITY.
Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or
as a waiver of limits of liability or rights the City may have under the doctrine of sovereign
immunity or under Section 768.28, Florida Statutes.
Article 19. CONFLICTS.
If there is a conflict or inconsistency between any term, statement, requirement or provision of
the Services Agreement, Exhibits, other documents incorporated into the Services Agreement
and the Addendum, the terms of this Addendum Additional Terms shall be controlling.
Bid No.UTL23-030—W Wellfield Electrical Upgrade 4W SW 7W 8W 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 3'rc(day of DC,,
-r , 2023.
CITY OFBOY •N BEA COMPANY
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Danie Dugger, City Man-ger (Signature),Company / /
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Print Name of Authorized O icial
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Bid No.UTL23.030—W Wellfield Electrical Upgrade 4W 5W 7W 8W C-10