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R21-017 1 RESOLUTION NO.R21-017 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE RANKING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN CONTRACTS WITH FOUR (4) PRIMARY 6 CONTRACTORS AND THREE (3) ALTERNATE CONTRACTORS: 7 HOMRICH CORP.,ANZCO INC., RPM GENERAL CONTRACTORS, 8 INC., I.Q. CONSTRUCTIONS, INC., E & F FLORIDA ENTERPRISES 9 DBA CREATIVE CONTRACTING GROUP, CH GLOBAL 10 CONSTRUCTION LLC,AND WAYPOINT CONSTRUCTION GROUP; 11 TO ESTABLISH A PRE-QUALIFIED LIST OF CONTRACTORS IN 12 ACCORDANCE WITH REQUEST FOR QUALIFICATION(RFQ)NO. 13 028-2511-20/RW "PRE-QUALIFICATION OF CONTRACTORS FOR 14 MINOR CONSTRUCTION SERVICES"AND AUTHORIZE THE CITY 15 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT TO EXCEED 16 $250,000; AND PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, on November 18, 2020 City staff opened a total of seven(7) submittals in 19 response to RFQ No.028-2511-20/RW"Pre-Qualification of Contractors for Minor Construction 20 Services";and 21 WHEREAS, the RFQ was issued with the intent of establishing a pre-qualified list of 22 contractors to perform minor construction services projects which may include building repairs, 23 upgrades and improvements as may be necessary within the City;and 24 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 25 of staff,deems it to be in the best interest of the citizens and residents to approve the ranking and 26 authorize the City Manager to sign contracts with four (4) primary contractors and three (3) 27 alternate contractors: Homrich Corp., Anzco Inc., RPM General Contractors, Inc., I.Q. 28 Constructions, Inc., E & F Florida Enterprises dba Creative Contracting Group, CH Global 29 Construction LLC,and Waypoint Construction Group; in order to establish a pre-qualified list of 30 contractors in accordance with Request for Qualification (RFQ) No. 028-2511-20/RW "Pre- 31 Qualification of Contractors for Minor Construction Services"and Authorize the City Manager to 32 award individual projects not to exceed$250,000. 33 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 34 CITY OF BOYNTON BEACH,FLORIDA,THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:\CA\RESO\Agreements\Approve Ranking and Contracts for Minor Construction Services(2020)-Reso.docx 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 38 approves the ranking and authorizes the City Manager to sign contracts with four (4) primary 39 contractors and three (3) alternate contractors: Homrich Corp., Anzco Inc., RPM General 40 Contractors, Inc., I.Q. Constructions, Inc., E & F Florida Enterprises dba Creative Contracting 41 Group, CH Global Construction LLC, and Waypoint Construction Group; in order to establish a 42 pre-qualified list of contractors in accordance with Request for Qualification(RFQ)No.028-2511- 43 20/RW"Pre-Qualification of Contractors for Minor Construction Services"and Authorize the City 44 Manager to award individual projects not to exceed $250,000. Copies of each Agreement are 45 attached hereto and incorporated herein. 46 Section 3. That this Resolution shall become effective immediately. 47 PASSED AND ADOPTED this I \ day of January,2021. 48 CITY OF BOYNTON BEACH,FLORIDA 49 50 YES NO 51 52 Mayor-Steven B.Grant ✓ 53 54 Vice Mayor-Ty Penserga ✓ 55 56 Commissioner-Justin Katz ✓ 57 58 Commissioner-Woodrow L.Hay 59 60 Commissioner-Christina L. Romelus 61 62 VOTE 5 -� 63 ATTEST: 64 65 (L/_//.; AL// A l ». 4t. 66 cA.- Crystal Gibson f C ��a 67 City Clerk ,-4sr 68 69 1 0.4111 II,fi� '.." 70 (Corporate Seal) 4y tom . #1i71 t` S:\CA\RESO\Agreements\Approve Ranking and Contracts for Minor Construction Services(2020)-Reso.docx • ��o - 017 • Contract No. 028-2511-20/RW-1 Between City of Boynton Beach & Homrich Corp. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and Homrich Corp., with a principle address of 6654 43rd Avenue South, Lake Worth, Florida 33463, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in accordance with Exhibit "A" Homrich Corp. Proposal and Exhibit "B" RFQ FOR PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028- 2511-20IRW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Boynton Beach—RFQ for Minor Construction Services 1 Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform,the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability (Errors&Omissions) Insurance- Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30)days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach—RFQ for Minor Construction Services 3 between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee,gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach—RFQ for Minor Construction Services 4 Notices to CONTRACTOR shall be sent to the following address: George Homrich Homrich Corp 6654 43rd Avenue South Lake Worth, FL 33463 Email: Gchomrich@gmail.com Phone: 561-254-8322 18. INTEGRATED CONTRACT. This CONTRACT,together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACT:s written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 Boynton Beach—RFQ for Minor Construction Services 5 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED this 7 day of 74 - t..G r y , 2020. CITY OF BOYNTON BEACH HOMRICH CORPORATION Cld, As:, tql eA4„,6.4.4--- l`k,..._ PIT S;dGv4.-it r 140,NIA'i L Lori LaVerriere, City Manager • OR ( ori - Attest/Authenticated: 4,..OPIL-,_ v �a 1 ��`f /4&r;ia ,sit; é /I')orc>�fio,N, v: �ti• Title / 6,r,;iie A Al BOY ( .airn/YYiQ ',%. .bn, COQ-Q (Corporate Seal) ,Crystal Gibso,, ty C :rk Approved as to Form: Attest/Authenticated: // ' AO; /, James A. Cherof, City Attorney Witness Boynton Beach—RFQ for Minor Construction Services 6 • \ - 0Q Contract No. 028-2511-20/RW-2 Between City of Boynton Beach & Anzco Inc. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and Anzco Inc., with a principle address of 9671 Carousel Circle S, Boca Raton , Florida 33434, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in accordance with Exhibit "A" Anzco Inc. Proposal and Exhibit "B" RFQ FOR PRE- QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028- 2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Boynton Beach—kFQ for Minor Construction Services 1 Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform,the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach--RFQ for Minor Construction Services 3 p between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach—KFQ for Minor Construction Services 4 Notices to CONTRACTOR shall be sent to the following address: JohnZak Anzco Inc. 9671 Carousel Circle S 1 Boca Raton , Florida 33434 Email:jzak@anzcoinc.com Phone: 561-699-3602 18. INTEGRATED CONTRACT. This CONTRACT, together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 Boynton Beach—RFQ for Minor Construction Services 5 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team been engaged in business operations in Syria. Subject to limited exceptions provided iii 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED thisday of - .4--2_ (,(1,f„,( _ , 20?y0. L. CITY OF BOYNTON BEACH ANZCO INC. d • , • :.,„...,..,: dii ...._ __,... _3..46 .z,,i,.. Lori aVerriere, City Manage ;` ;, A • 4R Aja t } Attest/Authenticated: :. � 4,44' >,o�JT so '''. Title f I—ii‘its.' Tom✓ ..L (Corporate Seal) rystal Gibson, ity Clerk Approved as to Form: Attest/Authenticated: IC' / 14 // / , AillPr 1 _.. / James A. Cherof, City Attorney lw.' mlw itness Boynton Beach—RFQ for Minor Construction Services 6 Contract No. 028-2511-20/RW-3 Between City of Boynton Beach & RPM General Contractors Inc. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and RPM General Contractors Inc., with a principle address of 680 NE 26th Ct., Pompano Beach, FL 33064, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in accordance with Exhibit "A" RPM General Contractors Inc. Proposal and Exhibit "B" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028-2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Boynton Beach—RFQ for Minor Construction Services 1 Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this CONTRACT. Professional Liability(Errors &Omissions) Insurance- Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30)days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach—RFQ for Minor Construction Services 3 between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach—RFQ for Minor Construction Services 4 Notices to CONTRACTOR shall be sent to the following address: Kristen McTeague RPM General Contractors Inc 680 NE 26th Ct Pompano Beach, FL 33064 Email: kristen©rpmgc.com Phone: 954-785-8900 18. INTEGRATED CONTRACT. This CONTRACT, together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 Boynton Beach—RFQ for Minor Construction Services 5 • 561-742-6061 GIBSONCC&BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. u � DATED this day of `TAi i ai , 20?A. CITY OF BOYNTON BEACH RPM GENERAL „I' RACTORS INC. Iji _ AV IIIIIII Lori LaVerriere, City Manager CP 7T /•t / SL1 7 \• �R Attest/Authenticated: .`s Q %r7 w: Title ,‘u,_ . .. AN •r , tit11 r 1 SO AIM 40 i/!/V Akt�L L, f (Corporate Seal) , ) l 1 QJ CC i .r,icrystal Gibson, 'ity Clerk �� �. ,� ,r `�' ritt'tit�41l � v ,,rr Approved as to Form: Attest/Authenticated: . i'.. n ?t,,,,,t..A__, („6——, fit,_._ oft, James A. Cherof, City Attorney Witness Boynton Beach—RFQ for Minor Construction Services 6 Contract No. 028-2511-20/RW-4 Between City of Boynton Beach & I.Q. Constructions, Inc. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and I.Q. Constructions, Inc., with a principle address of 1445 N congress Ave, Suite 14, Delray Beach, FL 33445, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in accordance with Exhibit"A" I.Q. Constructions, Inc. Proposal and Exhibit "B" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028-2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Boynton Beach—RFQ for Minor Construction Services I Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach—RFQ for Minor Construction Services 3 between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach—RFQ for Minor Construction Services 4 Notices to CONTRACTOR shall be sent to the following address: Claudia Mendoza I.Q. Constructions, Inc. 1445 N congress Ave, Suite 14 Delray Beach, FL 33445 Email: iqconstructions@comcast.net Phone: 561-359-2718 18. INTEGRATED CONTRACT. This CONTRACT, together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 Boynton Beach—RFQ for Minor Construction Services 5 r 561-742-6061 GIBSONCOBBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED this 4-41 day of A 0 ' :. 02.4 CITY OF BOYNTON BEACH I u ON '. -U I TI 0 NS, INC (rdt* ,. ,,,,Lori LaVerriere, City Manager • T OR (- 41j'It C PoikIayn 4111 Attest/Authenticated: rat o _ Te��} ma soy • . d.t.110(d 'L111ta!1..r1400,) 0 (Corporate Seal) =. Crystal Gibson ity Clerk Approved as to Form: Attest/Authenticated: Z-,s+sVw Ca ca_ -Yvtr -'- ( /P, 4--- t 'C ' James A. Cherof, City Attorney Witness . Boynton Beach-RFQ for Minor Construction Services 6 Contract No. 028-2511 -20/RW-5 Between City of Boynton Beach & E & F Florida Enterprises dba Creative Contracting Group FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and E & F Florida Enterprises, with a principle address of 3141 Fortune Way S-16, Wellington, FL 33414, hereinafter referred to as"CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained as the 1st alternate to the minor construction pool in the event that a primary vendor needs to be replaced by the City to perform minor construction services in accordance with Exhibit 'A" E & F Florida Enterprises Proposal and Exhibit "B" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028-2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Boynton Beach—RFQ for Minor Construction Services 1 Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for • Information, reference and use in connection with Firm's endeavors. • 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1;000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach—RFQ for Minor Construction Services 3 between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee,gifts, or any other consideration contingent upon or resulting from the award or making of this contract, For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Boynton Beach—RFQ for Minor Construction Services 4 I Notices to CONTRACTOR shall be sent to the following address: Joseph Patalano E & F Florida Enterprises dba Creative Contracting Group 3141 Fortune Way S-16 Wellington, FL 334i4 Email:jepsales@comcast.net Phone: 561-333-1445 18, INTEGRATED CONTRACT. This CONTRACT, together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFLUS Boynton Beach—RFQ for Minor Construction Services 5 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED this day of SPcr V kf , 2024. CITY OF BOYNTON BEACH E & F FLORIDA ENTERPRISES DBA CREATIVE CONTRACTING GROUP Lori La erriere, City Manager CONTRACTOR Attest/Authenticated: y c t[ . WA.<r o itle espy— `tif -,JP (Corporate Seal) 0114, �j Crystal Gibson ity Clerk V Approved as toForm: Attest/Authenticated: Fyl,,Ny, A-ctd: i C ef,4 ,/ // James A. Cherof, City Attorney Witness Boynton Beach—RFQ for Minor Construction Services 6 " , acme— old Contract No. 028-2511-20/RW-6 Between City of Boynton Beach & CH Global Construction LLC FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and CH Global Construction LLC, with a principle address of 15476 NW 77th Court 287, Miami Lakes, Florida 33016, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. • 1. PROJECT DESIGNATION. The Contractor is retained as the 2nd alternate to the minor construction pool in the event that a primary vendor needs to be replaced by the City to perform minor construction services in accordance with Exhibit "A" CH Global Construction LLC Proposal and Exhibit "8" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028-2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated Boynton Beach--RFQ for Minor Construction Services t damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform,the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract(if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City.in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request,the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is Invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this CONTRACT and its acceptance by the City. Boynton Beach—RFQ for Minor Construction Set-vices 2 d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shalt be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall,indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability(Errors& Omissions) Insurance- Professional Liability insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent, If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this Boynton Beach—RFQ for Minor Construction Services 3 CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color; national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10)days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: Boynton Beach—RFQ for Minor Construction Services 4 Hamet Chavez CH Global Construction LLC 15476 NW 77th Court 287 Miami Lakes, Florida 33016 Email: hamet@ch-gc.com Phone: 305-824-8719 18. INTEGRATED CONTRACT. This CONTRACT,together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONCOBBFL,US Boynton Beach—RFQ for Minor Construction Services 5 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED this 5 day ofCe%Yl.C�IQ� , 202 CITY OF BOYNTON BEACH CH GLOBAL CONSTRUCTION LLC At__ igt....ab-.-44--- Lori La ernere, City Manager CONTRACT R ' opiL . 401 Attest/Authenticated: • -c=., Alt 6 M. ' Q Title 4 R rq• / `' - ,("„Q,. (Corporate Seal) c/cCrystal Gibson, y Clerk ) Approved as to Form: Attest/Authenticated: 4,1 idea-z-%- k- _....1 . 1___, . James A. Chero , City Attorney , 't7s. Boynton Bcach—RFQ for Minor Construction Services 6 Contract No. 028-2511-20/RW-7 Between City of Boynton Beach & Waypoint Contracting, Inc. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and Waypoint Contracting, Inc., with a principle address of 7955 NW 12 STE STE 400, Doral, Florida 33126, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained as the 3rd alternate to the minor construction pool in the event that a primary vendor needs to be replaced by the City to perform minor construction services in accordance with Exhibit "A" Waypoint Contracting, Inc. Proposal and Exhibit "B" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; RFQ No.: 028-2511-20/RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects, which are those UNDER $ 250,000.00 (two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 10% overhead; and 5% profit. 2.b. COMPLETION OF WORK/ LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated Boynton Beach—RFQ for Minor Construction Services 1 damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four (4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this CONTRACT and its acceptance by the City. Boynton Beach—RFQ for Minor Construction Services 2 d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the CONTRACT. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this CONTRACT. Professional Liability(Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30)days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this Boynton Beach—RFQ for Minor Construction Services 3 CONTRACT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time limitation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10)days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: Boynton Beach—RFQ for Minor Construction Services 4 Katrina Gonzalez Waypoint Contracting, Inc. 7955 NW 12 STE STE 400 Doral, Florida 33126 Email: kgonzalez@waypointci.com Phone: 786-472-6721 18. INTEGRATED CONTRACT. This CONTRACT, together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or CONTRACTs written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 D. 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. E. 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: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONCC�BBFL.US Boynton Beach—RFQ for Minor Construction Services 5 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. DATED this I I day of Jq IWO r y , 2020. CITY OF BOYNTON BEACH WAYPOINT CONTRACTING, INC. c . Lori LaVerriere, City Manage a` ' ,„".:-.',17,,,,, CONTRACTOR Attest/Authenticated: s G , 'rPSJ de fu- A + Title 6. w / ewt ifi i`� (Corporate Seal) r_6(A__Crystal Gibson, ty Clerk Approved as to Form: Attest/Authenticated: e / , / _ / James A. Cherof, City Attorney Pv/ Witness Boynton Beach—RFQ for Minor Construction Services 6