R19-0561
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RESOLUTION NO. R19- 05(0
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING UTILIZING THE PALM BEACH COUNTY
CONTRACT NO. 2017055 WITH WYNN & SONS
ENVIRONMENTAL CONSTRUCTION CO, INC., FOR THE
RESURFACING AND INSTALLATION OF CART PATHWAYS AT
THE GOLF COURSE IN AN ESTIMATED ANNUAL EXPENDITURE
OF $177,720.50 PLUS A 10% CONTINGENCY OF $17,772.00 FOR A
TOTAL ESTIMATED EXPENDITURE OF $195,492.50;
AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT
WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO.,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Engineering Department is requesting to utilize the Palm
Beach County Contract #2017055 with Wynn & Sons Environmental Construction Co., Inc.,
for CIP Project GF 1803 for installation, repairs and improvements to the City's Golf Course
pathways, curbing and other asphalt and curb repairs; and
WHEREAS, the City Commission of the City of Boynton Beach, upon the
recommendation of staff, deems it in the best interest of the citizens and residents of the City
of Boynton Beach to approve and authorize the City Manager to sign a Contract with Wynn &
Sons Environmental Construction Co., Inc., to provide resurfacing and installation of cart
pathways and curbing at the Golf Course based on the Palm Beach County Annual Pathway
and Minor Construction Contract Project No. 2017055 through July 22, 2019 but which is
scheduled to be extended by the County through January 22, 2021 in an estimated annual
expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any unforeseen
conditions for a total estimated expenditure of $195,492.50.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
341 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves
and authorizes the City Manager to sign a Contract with Wynn & Sons Environmental
Construction Co., Inc., to provide resurfacing and installation of cart pathways and curbing at
the Golf Course based on the Palm Beach County Annual Pathway and Minor Construction
Contract Project No. 2017055 through July 22, 2019 but which is scheduled to be extended by
the County through January 22, 2021 in an estimated annual expenditure of $177,720.50 plus
a 10% contingency of $17,772.00 for any unforeseen conditions for a total estimated
expenditure of $195,492.50, a copy of which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this c� I day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
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5 ATTEST:
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6 dith A. Pyle, CMC
6 �1*City Clerk
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YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga
VOTE 5 `
(Corporate Seal)
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PATHWAY AND MINOR CONSTRUCTION CONTRACT
This Agreement is made as of this �k— day of 2019 by and between WYNN
& SONS ENVIRONMENTAL CONSTRUCTION,C ., INC., a Florida corporation with an
address of 7268 Belvedere Road, West Palm Beach, FL 33411 ("WYNN" or "Contractor"), and
THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of
Post Office Box 310, Boynton Beach, FL 33425 (the "City").
RECITALS
WHEREAS, The City's Engineering Department is working on CIP Project GF 1803 for
installation, repairs and improvements to the City's Golf Course pathways and is requesting to use
WYNN which will provide the Golf Course with new and repaired cart paths for its customer, in
addition to improving curbs and parking lots in need of repair; and
WHEREAS, WYNN, has agreed to allow the City to piggy -back the Palm Beach County
Annual Pathway and Minor Construction Contract Project No. 2017055 for pathway and minor
construction and other related tasks throughout Palm Beach County currently through July 22,
2019 but which is scheduled to be extended by the County through January 22, 2021 in an
estimated annual expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any
unforeseen conditions for a total estimated expenditure of $195,492.50 at prices based on Palm
Beach County contract; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and WYNN agree that WYNN shall provide resurfacing and
installation of cart pathways and curbing at the Golf Course based on the Palm Beach County
Annual Pathway and Minor Construction Contract Project No. 2017055 for pathway and minor
construction and other related tasks throughout Palm Beach County currently through July 22,
2019 but which is scheduled to be extended by the County through January 22, 2021 in an
estimated annual expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any
unforeseen conditions for a total estimated expenditure of $195,492.50, a copy of which is attached
hereto as Exhibit "A", except as hereinafter provided:
A. All references to Palm Beach County, shall be deemed as references to the City of Boynton
Beach. Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Palm Beach County, Florida.
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B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor 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 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 Agreement term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
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1) Keep and maintain public records required by the CITY to perform the service;
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, Fla. Stat. or as otherwise
provided by law;
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 Agreement 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
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.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
(CITY CLERK)
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
CITYCLERK@BBFL.US
Section 3. In the event that the Palm Beach County Contract is amended, or terminated,
WYNN shall notify the City within ten (10) days. In the event the Palm Beach County Contract
is amended or terminated prior to its expiration, this Agreement shall remain in full force and
effect, and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. WYNN agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a
term or condition, including fees, charges or costs, which the City determines to be more favorable
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than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to
the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County Contract
are hereby ratified and shall remain in full force and effect under this Contract, as provided by their
terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:
CityClerk! 7>,�
CITY OF BOYNTON BEACH, FLORIDA
By. -
Lori LaVerriere, City Manager
WYNN & SONS ENVIRONMENTAL
CONSTRUCTION CO., INC.
BY: —
'el Wynn
Title: President
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