R22-057 1 RESOLUTION NO. R22- 057
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AWARD OF BID NO. PWE22-008 FOR "ASPHALT AND
5 SIDEWALK REHABILITATION", AND AUTHORIZE THE CITY MANAGER
6 TO SIGN CONTRACTS WITH THE TWO (2) LOWEST RESPONSIVE AND
7 RESPONSIBLE BIDDERS, ATLANTIC SOUTHERN PAVING AND
8 SEALCOATING, LLC OF SUNRISE, FLORIDA AND M & M ASPHALT
9 MAINTENANCE, INC. D/B/A ALL COUNTY PAVING OF DELRAY BEACH,
10 FLORIDA FOR ASPHALT AND SIDEWALK RESTORATION,TO ESTABLISH
11 A PRE-QUALIFIED UST OF VENDORS WITH AN ESTIMATED ANNUAL
12 EXPENDITURE OF $2,000,000.00; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the purpose of the contract is to provide asphalt and sidewalk
16 rehabilitation and associated work on an as needed basis per the specifications and
17 requirements as defined within the bid documents; and
18 WHEREAS, the initial term of the Bid award shall be for three (3) years and by mutual
19 agreement between the City and the awardee(s), may be renewed for two (2) one-year terms.;
20 and
21 WHEREAS, On February 24, 2022, the City opened a total of four (4) proposals to this
22 Bid and in accordance with the terms and conditions of the Bid, the City reserves the right to
23 make multiple awards for this Bid and to award to the vendor(s)whose bid represents the most
24 advantageous bid to the City, price, and other factors considered; and
25 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
26 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
27 approve award of Bid No. PWE22-008 for"Asphalt and Sidewalk Rehabilitation", and authorize
28 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders,
29 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt
30 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk
31 restoration,to establish a pre-qualified list of vendors with an estimated annual expenditure of
32 $2,000,000.00.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
34 OF BOYNTON BEACH, FLORIDA, THAT:
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35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
36 as being true and correct and are hereby made a specific part of this Resolution upon
37 adoption.
38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
39 approves award of Bid No. PWE22-008 for"Asphalt and Sidewalk Rehabilitation",and authorize
40 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders,
41 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt
42 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk
43 restoration,to establish a pre-qualified list of vendors with an estimated annual expenditure of
44 $2,000,000.00, copies of the Contracts are attached hereto and incorporated herein as Exhibits
45 "A" and "B" respectively.
46 Section 3. That this Resolution shall become effective immediately.
47 PASSED AND ADOPTED this 5th day of April, 2022.
48 CITY OF BOYNTON BEACH, FLORIDA
49 YES NO
50 Mayor—Ty Penserga L%
51 Commissioner—Angela Cruz ✓
52 Commissioner—Woodrow L. Hay
53 Commissioner—Thomas Turkin
54 Commissioner— District 4 - Vacant
55 VOTE 9
56 ATTEST:
57
58 •�_
59 C stal Gibson, MMC
60 City Clerk
61
62 (Corporate Seal)
S:\CA\RESO\Agreements\Award Bid and Contract for Asphalt and sidewalk rehab(2022)-Reso.docx
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A S
ETON 6-
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ATLANTIC SOUTHERN
PAVING AND SEALCOATING, LLC
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
CITY", and ATLANTIC SOUTHERN PAVING ND SEALCOATING, LLC, hereinafter referred to as
"Vendor", in consideration of the mutual benefits,terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk
rehabilitation,on an as-needed basis per specifications.
2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction,
asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork
construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located
throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and
supplies.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work
products required pursuant to this Agreement.
4. TERM.The initial Agreement period shall be for an initial term of three(3)year, commencing on April
5, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one-
year renewals subject to vendor acceptance,satisfactory performance as determined by the City, and
determination by the City that renewal will be in the best interest of the City. An increase in the cost of
less than 2% for each extension may be approved by the City administration and does not require
Commission approval.
5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
a Payment for the work provided by the Vendor shall be made promptly on all invoices
submitted to the City property, provided that the total amount of payment to the Vendor
shall not exceed the total contract price without express written modification of the
Agreement signed by the City Manager or designee.
b. The Vendor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Vendor in the amount approved.
c. Final payment of any balance due to the Vendor 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 Agreement 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 Vendor's records and accounts pertaining to this Agreement 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 Agreement. Copies shall be made available upon request.
PWE22-008 Asphalt and Sidewalk Rehabilitation C-1
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other
materials produced by the Vendor in connection with the services rendered under this agreement shall
be the property of the City whether the project for which they are made is executed or not.The Vendor
shall be permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference,and use in connection with Vendor's endeavors.
7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this
Agreement,faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach,
ordinances and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor 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
attorney fees and costs,arising from injury or death to persons, including injuries, sickness, disease or
death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Vendor.
9. INSURANCE. The Vendor 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 professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000
aggregate with defense costs in addition to limits.
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 agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement
shall be considered to create the relationship of employer and employee between the parties hereto.
Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. 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 Vendor,or
any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Vendor, 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 Vendor 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 Vendor, with regard to the work performed by it under this
agreement,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 Vendor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
PWE22-008 Asphalt and Sidewalk Rehabilitation C-2
14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a
contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available,
provide to other Florida governmental agencies so requesting, the products or services awarded in
accordance with the terms and conditions of the Invitation to Bid and resulting award.
15. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
16. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty(30)days'written
notice to the Vendor.
b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory
personnel assigned to the project, the surviving members of the Vendor hereby agree to complete
the work under the terms of this Agreement, if requested to do so by the City.This section shall not
be a bar to renegotiations of this Agreement between surviving members of the Vendor and the
City if the City so chooses.
17. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
18. 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 the Vendor shall be sent to the following address:
Atlantic Southern Paving and Sealcoating, LLC
Attn: Rich Atzert
6301 W.Sunrise Blvd
Sunrise, FL 33313
Phone Contact: (954)299-6114
Email: rich@atlanticsouthempaving.com
19. INTEGRATED AGREEMENT. This agreement,together with attachments or addenda, represents the
entire and integrated agreement between the City and the Firm and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both City and Firm.
20. 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 a 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
PWE22-008 Asphalt and Sidewalk Rehabilitation C-3
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 STATUTES, 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 AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
21. SCRUTINIZED COMPANIES-287.135 AND 215.473
By execution of this Agreement,Contractor certifies that Contractor is not participating in a boycott of Israel.
The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations
in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of
goods or services with any scrutinized company referred to above. Submitting a false certification shall be
deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's
determination concerning the false certification.The contractor shall have five(5)days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during the active contract
term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,
as amended from time to time.
22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
hereinbelow.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for a salary, wages, or other remuneration. "Contractor includes, but is not
limited to, a vendor or consultant.
"Subcontractor"means a person or entity that provides labor, supplies, or services to or for
a contractor or another subcontractor in exchange for a salary, wages, or other
remuneration.
PWE22-008 Asphalt and Sidewalk Rehabilitation
C-4
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095,Florida Statutes,effective January 1,2021,Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of
all newly hired employees.The contractor shall register for and utilize the U.S. Department
of Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired
employees.The contractor shall also require all subcontractors to provide
an affidavit attesting that the subcontractor does not employ,contract with,
or subcontract with, an unauthorized alien. The Contractor shall maintain
a copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute,the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20)calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
i i n of the statute bythe Contractor, the Contractor maynot be
violation
awarded a public contract for a period of one (1) year after the date of
termination.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
PWE22-008 Asphalt and Sidewalk Rehabilitation C-5
This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties. A facsimile signature shall constitute
an original signature for all purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year set forth below their respective signatures.
DATED this 17c day ofett.)•..a_1 , 2022.
CITY F BOYNTON BEACH COMPA '"!
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Lori LaVerriere, City Manager (Signature), Comply t�nnctU1l
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Print Name/of Authorized Official
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James A. Cherof, C' . • ern: f
Attested/Authenticat-).:
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Crystal Gibson
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City Clerk
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PWE22-008 Asphalt and Sidewalk Rehabilitation C-6
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND M & M ASPHALT
MAINTENANCE INC., D/B/A ALL COUNTY PAVING
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
CITY",and M& M ASPHALT MAINTENANCE INC. D/B/A ALL COUNTY PAVING, hereinafter referred to
as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk
rehabilitation, on an as-needed basis per specifications.
2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction,
asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork
construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located
throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and
supplies.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work
products required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of three (3)year, commencing on April
5, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one-
year renewals subject to vendor acceptance,satisfactory performance as determined by the City, and
determination by the City that renewal will be in the best interest of the City. An increase in the cost of
less than 2% for each extension may be approved by the City administration and does not require
Commission approval.
5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
a. Payment for the work provided by the Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to the Vendor
shall not exceed the total contract price without express written modification of the
Agreement signed by the City Manager or designee.
b. The Vendor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Vendor in the amount approved.
c. Final payment of any balance due to the Vendor 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 Agreement 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 Vendor's records and accounts pertaining to this Agreement 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 Agreement. Copies shall be made available upon request.
PWE22-008 Asphalt and Sidewalk Rehabilitation C-1
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other
materials produced by the Vendor in connection with the services rendered under this agreement shall
be the property of the City whether the project for which they are made is executed or not.The Vendor
shall be permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with Vendor's endeavors.
7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this
Agreement,faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach,
ordinances and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor 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
attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or
death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Vendor.
9. INSURANCE. The Vendor 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 professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000
aggregate with defense costs in addition to limits.
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 agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement
shall be considered to create the relationship of employer and employee between the parties hereto.
Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. 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 Vendor,or
any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Vendor, 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 Vendor 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 Vendor, with regard to the work performed by it under this
agreement,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 Vendor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
PWE22-008 Asphalt and Sidewalk Rehabilitation C-2
14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a
contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available,
provide to other Florida governmental agencies so requesting, the products or services awarded in
accordance with the terms and conditions of the Invitation to Bid and resulting award.
15. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
16. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty(30)days'written
notice to the Vendor.
b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory
personnel assigned to the project, the surviving members of the Vendor hereby agree to complete
the work under the terms of this Agreement, if requested to do so by the City.This section shall not
be a bar to renegotiations of this Agreement between surviving members of the Vendor and the
City if the City so chooses.
17. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
18. 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 the Vendor shall be sent to the following address:
M & M Asphalt Maintenance Inc. D/B/A All
County Paving
Attn: Jeffrey Cohen
1180 SW 10th Street
Delray Beach, FL 33444
Phone Contact: (561)588-0949
Email: publicworks@allcountypaving.com
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the City and the Firm and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both City and Firm.
20. 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 a 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;
PWE22-008 Asphalt and Sidewalk Rehabilitation C-3
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 STATUTES, 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 AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
21. SCRUTINIZED COMPANIES -287.135 AND 215.473
By execution of this Agreement,Contractor certifies that Contractor is not participating in a boycott of Israel.
The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List,or has Contractor been engaged in business operations
in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of
goods or services with any scrutinized company referred to above. Submitting a false certification shall be
deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's
determination concerning the false certification.The contractor shall have five(5)days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during the active contract
term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,
as amended from time to time.
22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
hereinbelow.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not
limited to,a vendor or consultant.
PWE22-008 Asphalt and Sidewalk Rehabilitation C-4
"Subcontractor"means a person or entity that provides labor,supplies,or services to or for
a contractor or another subcontractor in exchange for a salary, wages, or other
remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095,Florida Statutes,effective January 1,2021,Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of
all newly hired employees.The contractor shall register for and utilize the U.S. Department
of Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's 9 p ty s E
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach;and
c) The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired
employees.The contractor shall also require all subcontractors to provide
an affidavit attesting that the subcontractor does not employ,contract with,
or subcontract with, an unauthorized alien. The Contractor shall maintain
a copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute,the subcontract must be terminated immediately.Any
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20)calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one (1) year after the date of
termination
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
PWE22-008 Asphalt and Sidewalk Rehabilitation C-5
This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties. A facsimile signature shall constitute
an original signature for all purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year set forth below their respective signatures.
DATED this day of *)/ti...(2-, , 2022.
CITY OF B Y TON EACH • , ,NY Ailf______---. ,
ori LaVerriere, City Manager (Si! "(ture), Comp ny g_ ( t,./
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Print Name of Authorize. O'ficial
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Title
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Attest/Authenticated:
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Print Name
James A. Cherof, ' 'ttor Py
Attested/Authenticated.
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c/I, Crystal Gibso
City Clerk
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PWE22-008 Asphalt and Sidewalk Rehabilitation C-6
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The
following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE:
This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or
lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
--------------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-SI,000,000.00
--------------
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
Insurance Advisory Form