R22-121 1 RESOLUTION NO. R22-121
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
3 AND AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL
4 AGREEMENTS WITH FOUR (4) FIRMS AS A RESULT OF REQUEST FOR
5 QUALIFICATIONS RFQ NO. UTL22-014 FOR PROFESSIONAL SURVEY AND
6 MAPPING SERVICES IN ACCORDANCE WITH FLORIDA STATUTE 287.055
7 THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA); AND
8 PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, RFQ UTL22-014 for Professional Survey and Mapping Services was advertised
10 and submittals were electronically opened on March 16, 2022; and
11 WHEREAS, the City received fourteen (14) proposals whereby the top four (4) proposers
12 were submitted to the City Commission on June 21, 2022 for approval and authorization to move
13 forward with negotiations to establish contract agreements for ongoing services in accordance
14 with Florida Statute 287.55, Consultants' Competitive Negotiations Act; and
15 WHEREAS, Task Orders will be submitted to the Commission for approval in accordance
16 with the City's Purchasing Policies and Procedures; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff, deems it to be in the best interests of the City residents to approve and
19 authorize the City Manager to sign individual agreements with four (4) firms: Whidden Survey
20 and Mapping, Inc; Engenuity Group, Inc.; Avirom & Associates, Inc. and Caulfield & Wheeler,
21 Inc., as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and
22 Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive
23 Negotiation Act (CCNA).
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
29 approve and authorize the City Manager to sign individual agreements with four (4) firms:
S:\CA\RESO Agreements\Agreements With Four Processional Surveying And Mapping Services-Reso.Docx
30 Whidden Survey and Mapping,Inc; Engenuity Group,Inc.; Avirom&Associates,Inc.and Caulfield
31 & Wheeler, Inc., as a result of Request for Qualifications RFQ No. UTL22-014 for Professional
32 Survey and Mapping Services in accordance with Florida Statute 287.055 the Consultants'
33 Competitive Negotiation Act (CCNA). Copies of each Agreement is attached hereto and
34 incorporated herein as Exhibits "A - D".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED thisfix day of September, 2022.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES/ NO
40 Mayor—Ty Penserga V
41
42 Vice Mayor—Angela Cruz 17
43
44 Commissioner—Woodrow L. Hay t.
45 (Y
46 Commissioner—Thomas Turkin
47 /
48 Commissioner—Aimee Kelley I/
49
50 VOTE S-1)
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S:\CA\RESO\Agreements\Agreements With Four Processional Surveying And Mapping Services-Reso.Docx
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PROFESSIONAL SURVEY AND MAPPING SERVICES
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Whidden Survey and Mapping,
Inc. a [corporation] authorized to do business in the State of Florida, with a business address of 9200
Belvedere Road, Suite 114, Royal Palm Beach, FL 33411, hereinafter referred to as the "VENDOR". In
consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set
forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials
related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES].
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL
SURVEY AND MAPPING SERVICES].
3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of
individual task orders, at the request of the CITY during the term of this Agreement, including the
provision of all labor, materials, equipment, and supplies.
4. TERM. The initial Agreement period shall be for an initial term of three ( years, commencing on
September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the
right to renew the agreement for two u 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.
5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement and specific task order unless an extension of time
is granted in writing by the CITY.
6. 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 VENDOR shall be made as provided on Exhibit"A"attached
hereto.
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 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 five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-1
f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
7. 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.
8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for professional surveying and mapping and related
services equal to or exceeding the standard of care for surveying professionals practicing under similar
conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain
individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY
has relied upon such representations. Therefore, VENDOR shall not change the designated Project
Manager for any project without the advance written approval of the CITY, which consent may be
withheld in the sole and absolute discretion of the CITY.
10. COMPLIANCE WITH LAWS. 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.
11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of(3)three-
years. No rate increases shall be accepted during the first or second year of this contract term.
Thereafter, for the third year of the contract and any extensions which may be approved by the City
shall be subject to the following: Costs for the three contract year and any extensions shall be subject
to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based
on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending December 31st, prior to the end of the contract year then in effect, as compared
to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety(90)days
prior to the contract anniversary date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the
Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City
Commission on recommendation of the Director of Financial Services.
12. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-2
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
13. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All policies shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-3
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
14. 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.
15. 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.
16. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this "Certificate"within one (1) year following payment.
17. 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.
18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C 4
19. 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.
20. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
21. 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.
22. UNCONTROLLABLE FORCES.
22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
22.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
NOTICES. Notices to the CITY shall be sent to the following address:
James Stables, Interim City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
Whidden Surveying and Mapping, Inc.
Attn: Thomas Whidden
Address: 9200 BelvelderRoad
Suite 114
Royal Palm Beach, FL 33411
Phone: (561) 632-0220
Email: tomwhiddensurveyinq.com ; tori.whidden3(a�gmail.com
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-5
23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR 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 VENDOR.
24. SOVEREIGN IMMUNITY.
24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
24.2 In connection with any litigation or other proceeding arising out of the Agreement, the
prevailing party shall be entitled to recover its own costs and attorney fees through and
including any appeals and any post-judgment proceedings. CITY's liability for costs and
attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity,
or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes,
as amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
25. E-VERIFY.
25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
25.1.1 Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to enter into
a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
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B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not
limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1)year after the date of termination.
26. SCRUTINIZED COMPANIES 287.135 and 215.473:
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel.
Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in state law, the
City will not contract for the provision of goods or services with any scrutinized company referred
to above. Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5)days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term, Contractor shall
have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
27. MISCELLANEOUS:
27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
27.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns, and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
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27.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and
federal agencies as applicable.
27.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement,and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
27.9 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid, and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
28. DEFAULT OF CONTRACT & REMEDIES:
28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
28.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
28.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR,
where such failure shall continue for a period of seven (7) days after written notice
thereof by CITY to CONTRACTOR; provided, however, that if the nature of
CONTRACTOR's default is such that more than seven (7) days are reasonably
required for its cure, then CONTRACTOR shall not be deemed to be in default if
CONTRACTOR commences such cure within said seven (7) day period and
thereafter diligently prosecutes such cure to completion.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-8
28.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
28.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition
to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or
arrangement under any law relating to bankruptcy(unless, in the case of a petition
filed against CONTRACTOR, the same is dismissed within sixty (60)days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where possession is not restored to CONTRACTOR within thirty (30) days; for
attachment, execution or other judicial seizure of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where such seizure is not discharged within thirty (30) days.
28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice
was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten (10)days of such declaration of default, rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement, at its own
cost and expense.
28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to Surety. Thereafter the
Surety shall receive monthly payments equal to those that would have been paid
by the CONTRACTOR had the CONTRACTOR continued to perform the services
under the Agreement.
28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONTRACTOR and/or the Surety together with the
costs incident thereto to such default.
28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be
greater, CONTRACTOR shall pay the amount of such excess to the CITY.
28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONTRACTOR fails to meet reasonable standards of the trade after CITY gives
written notice to the CONTRACTOR of the deficiencies as set forth in the written
notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such
notice from CITY.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE PAGE FOLLOWS
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-9
"This Agreement will take effect once signed by both parties.This Agreement may be signed by
the parties In counterparts which together shal constitute one and the same agreement among the
parties.A facsiriile signature shall constitute an original signature for al purposes.'
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each
of which shall be considered an original on the following dates:
DATED this r day of S frk 1t,L r ,208-62-.
CITY OF BOYNTONNBEACH
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Office of the CITY Attorney
RFQ No.U1122-014 Professional Surveying&Mapping Services C-10
ATTACHMENTS
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RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "A"
City of Boynton Beach
Risk Management
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.)Thefollowing 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 orlower the stated limits, based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage (any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $
5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate -$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY Revised 04/2021
RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1)all Contracts; (2)all individual Work Orders. Work Orders with a term of
six (6)months or more at a minimum,the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required
by the Work Order and at the time of Work Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with
efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either
"marginal"or"unsatisfactory"even when this is not within the normal review cycle.In the event the Average Rating Score is "marginal"or"unsatisfactory"even after
reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be
taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11)for all evaluations completed for the entire term
of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the
evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119,
F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8(the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning &Approach ❑ 1 ❑ 2 ❑ 3 E 4 ❑ 5
2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 4 ❑ 5
6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
9. Individual Column Rating (Total lines 1-8.)
10. Total Rating Score(Total row 9.)
11. Average Rating Score(Divide line 10 by the number 8.)
RFQ No. UTL22-014 Professional Surveying&Mapping Services
In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE
utilization on Line 20.Additional space is available on Line 22 if needed. �1
12. Current tasks completed and/or deliverables received? If no, reason: I 1 Yes
n No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Yes
n No
14. Contract currently under/at budgeted cost? If not at budget,specify amount over$ and reason: n Yes
No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts/work orders of this type? If"No"or"Possibly",an explanation must be provided in Line 22 below. n Yes
Project Manager(sign) Date Section Administrator(sign) Date I I No
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "No" or
"Possibly"apply to Question 21,an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
#
CONTRACT MANAGEMENT/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
#
#
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative(sign) Date Other Required Approval (sign) Date
RFQ No. UTL22-014 Professional Surveying&Mapping Services
EXHIBIT "A"
Central File Surveying & Mapping Negotiated
Rates
Whidden Survey and Mapping Inc.
Classification Hourly Rates Employees Identified
Project Manager $184.90/hr Thomas E. Whidden, PSM
Professional Surveyor/Mapper $146.44/hr Chris Linstedt, PSM
Survey Technician $98.23/hr John Smith, PSM
Survey Crew (2 Men) $164.39/hr Brad Cornelius Sr.
Cheryl Monteagudo
Survey Crew (3 Men) $197.07/hr Nicholas Dubay
Austin Tezak
Jonathan Monteagudo
Laser Survey Crew $218.56/hr Brad Cornelius II
Hydrographic Survey Crew 230.52/hr Daniel Wright
Frank Dubay
GIS Specialist $93.96/hr Dave Irwin, PSM
CADD Technician $94.14/hr Christina Lilly
Aerial Photogrammetry $184.90/hr Craig Emrick
Whidden Surveying and Mapping, Inc.
Op
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PROFESSIONAL SURVEY AND MAPPING SERVICES
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Avirom and Associates, Inc. a
[corporation] authorized to do business in the State of Florida, with a business address of 50 SW 2nd
Avenue, Suite 102, Boca Raton, FL 33432, hereinafter referred to as the "VENDOR". In consideration of
the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below.
1. PROJECT DESIGNATION.The VENDOR is retained by the City to provide labor, parts, and materials
related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES].
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL
SURVEY AND MAPPING SERVICES].
3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way
of individual task orders, at the request of the CITY during the term of this Agreement, including
the provision of all labor, materials, equipment, and supplies.
4. TERM. The initial Agreement period shall be for an initial term of three u years, commencing on
September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the
right to renew the agreement for two Ill 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.
5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement and specific task order unless an extension of time
is granted in writing by the CITY.
6. 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 VENDOR shall be made as provided on Exhibit"A"attached
hereto.
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 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, sup p lies,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 five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-1
f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
7. 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.
8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for professional surveying and mapping and related
services equal to or exceeding the standard of care for surveying professionals practicing under similar
conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain
individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY
has relied upon such representations. Therefore, VENDOR shall not change the designated Project
Manager for any project without the advance written approval of the CITY, which consent may be
withheld in the sole and absolute discretion of the CITY.
10. COMPLIANCE WITH LAWS. 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.
11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of (3)three-
years. No rate increases shall be accepted during the first or second year of this contract term.
Thereafter, for the third year of the contract and any extensions which may be approved by the City
shall be subject to the following: Costs for the three contract year and any extensions shall be subject
to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based
on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending December 31st, prior to the end of the contract year then in effect, as compared
to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days
prior to the contract anniversary date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the
Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City
Commission on recommendation of the Director of Financial Services.
12. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-2
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
13. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All policies shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-3
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
14. 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.
15. 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.
16. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this "Certificate"within one (1)year following payment.
17. 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.
18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-4
19. 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.
20. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
21. 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.
22. UNCONTROLLABLE FORCES.
22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
22.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
NOTICES. Notices to the CITY shall be sent to the following address:
James Stables, Interim City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
Avirom &Associates, Inc.
Attn: Mike Avirom
Address: 50 SW 2nd Avenue
Suite 102
Boca Raton, FL 33432
Phone: (561) 392-2594
Email: marisha@aviromsurvey.com; Mike(@,aviromsurvey.com;jennifer(@,aviromsurvey.com
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-5
23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR 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 VENDOR.
24. SOVEREIGN IMMUNITY.
24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
24.2 In connection with any litigation or other proceeding arising out of the Agreement, the
prevailing party shall be entitled to recover its own costs and attorney fees through and
including any appeals and any post-judgment proceedings. CITY's liability for costs and
attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity,
or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes,
as amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
25. E-VERIFY.
25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
25.1.1 Definitions for this Section:
A. "Contractor"means a person or entity that has entered or is attempting to enter into
a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-6
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not
limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
26. SCRUTINIZED COMPANIES 287.135 and 215.473:
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel.
Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in state law, the
City will not contract for the provision of goods or services with any scrutinized company referred
to above. Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5)days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term, Contractor shall
have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
27. MISCELLANEOUS:
27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
27.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns, and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-7
27.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and
federal agencies as applicable.
27.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
27.9 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid, and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
28. DEFAULT OF CONTRACT & REMEDIES:
28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
28.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
28.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR,
where such failure shall continue for a period of seven (7)days after written notice
thereof by CITY to CONTRACTOR; provided, however, that if the nature of
CONTRACTOR's default is such that more than seven (7) days are reasonably
required for its cure, then CONTRACTOR shall not be deemed to be in default if
CONTRACTOR commences such cure within said seven (7) day period and
thereafter diligently prosecutes such cure to completion.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-8
28.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
28.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition
to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or
arrangement under any law relating to bankruptcy(unless, in the case of a petition
filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where possession is not restored to CONTRACTOR within thirty (30) days; for
attachment, execution or other judicial seizure of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where such seizure is not discharged within thirty (30)days.
28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice
was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten (10)days of such declaration of default, rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement, at its own
cost and expense.
28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to Surety. Thereafter the
Surety shall receive monthly payments equal to those that would have been paid
by the CONTRACTOR had the CONTRACTOR continued to perform the services
under the Agreement.
28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONTRACTOR and/or the Surety together with the
costs incident thereto to such default.
28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be
greater, CONTRACTOR shall pay the amount of such excess to the CITY.
28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONTRACTOR fails to meet reasonable standards of the trade after CITY gives
written notice to the CONTRACTOR of the deficiencies as set forth in the written
notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such
notice from CITY.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE PAGE FOLLOWS
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-9
"This Agreement will take effect once signed by both parties. This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the
parties. A facsimile signature shall constitute an original signature for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each
of which shall be considered an original on the following dates:
DATED this day of P,Q rY ,\De , 20A2 .
CITY OF BOYNTON BEACH
L-)
James Stables, Interim City Manager (Authorized Official Name), (Vendor)
Michael D. Avirom
Print Name of Authorized Official
President
Title
Attest/Authenticated:
(Corporate Seal)
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Approved as to Form: ,1%, FLORI012 =-Attest/Authenticated:
Michael D. Cirullo, Jr. Secretary
Office of the City Attorney
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-10
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RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "A"
City of Boynton Beach
Risk Management
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.)Thefollowing 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 orlower the stated limits, based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $
5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY Revised 04/2021
RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2)all individual Work Orders. Work Orders with a term of
six(6)months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required
by the Work Order and at the time of Work Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with
efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either
"marginal"or"unsatisfactory"even when this is not within the normal review cycle. In the event the Average Rating Score is "marginal"or"unsatisfactory"even after
reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be
taken under the circumstances.
When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores(Line 11)for all evaluations completed for the entire term
of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the
evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119,
F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning&Approach Ti 1 n 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability H 1 Ti 2 1 13 n 4 n 5
3. Staff Effectiveness Ti 1 ❑ 2 ❑ 3 Ti 4 C 5
4. Flexibility in Meeting City's Goals Ti 1 Ti 2 Ti 3 Ti 4 ❑ 5
5. Promptness of Deliverables/Milestones/Reports Ti 1 Ti 2 Ti 3 Ti 4 Ti 5
6. Report and Drawings Quality Ti 1 Ti 2 Ti 3 Ti 4 Ti 5
7. Quality of Work Completed n 1 n 2 Ti 3 Ti 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures Ti 1 Ti 2 Ti 3 Ti 4 ❑ 5
g_ Individual Column Rating(Total lines 1-8.)
10. Total Rating Score(Total row 9.)
11. Average Rating Score(Divide line 10 by the number 8.)
RFQ No. UTL22-014 Professional Surveying&Mapping Services
In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE
utilization on Line 20. Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: n Yes
No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Yes
n No
14. Contract currently under/at budgeted cost? If not at budget, specify amount over$ and reason: n Yes
n No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts/work orders of this type? If"No"or"Possibly", an explanation must be provided in Line 22 below. n Yes
Project Manager(sign) Date Section Administrator(sign) Date n No
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "No" or
"Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary.
Number Remarks
CONTRACT MANAGEMENT/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative(sign) ' Date Other Required Approval (sign) Date
RFQ No. UTL22-014 Professional Surveying&Mapping Services
EXHIBIT "A"
Surveying & Mapping
Negotiated Rates
Avirom & Associates, Inc.
Classification Hourly Rates Employees Identified
Sr. Professional 175.00/hour Michael D. Avirom, Marisha Kreitman,
Surveyor/Mapper John Doogan
Professional Surveyor/Mapper 150.00/hour Michael J. Avirom
Survey Technician 90.00/hour Mark Jahrsdoerfer, Frank Carvalho
Survey Crew (2 Men) 150.00/hour Mark Jahrsdoerfer, Frank Carvalho
Deanmichel Alexis, Joseph Pinkocze
Survey Crew (3 Men) 185.00/hour Mark Jahrsdoerfer, Frank Carvalho
Deanmichel Alexis, Joseph Pinkocze,
David Young, Stephen Kinsel
Laser Survey Crew 300.00/hour Mark Jahrsdoerfer, Frank Carvalho
Hydrographic Survey Crew 3,750.00/day Christopher Evans and various crew
members
GIS Specialist 125.00/hour William Evans
Sr. CADD Technician 125.00/hour William Evans, Satarupa Khamaru
CADD Technician 100.00/hour Lee Weiner, Jeffrey Bickham,
James Stammer, Walter Queen,
Jason Sae Tang
Aerial Photogrammetry 400.00/hour Keith Chee-A-Tow, Lee Weiner,
William Evans, Deanmichel Alexis,
Jason Sae Tang
Avirom &Associates, Inc.
S Y o.
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niON 9
PROFESSIONAL SURVEY AND MAPPING SERVICES
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Engenuity Group, Inc. a
[corporation] authorized to do business in the State of Florida, with a business address of 1280 North
Congress Avenue, Suite 101,West Palm Beach, FL 33409, hereinafter referred to as the "VENDOR". In
consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set
forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials
related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES].
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL
SURVEY AND MAPPING SERVICES].
3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of
individual task orders, at the request of the CITY during the term of this Agreement, including the
provision of all labor, materials, equipment, and supplies.
4. TERM. The initial Agreement period shall be for an initial term of three j) years, commencing on
September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the
right to renew the agreement for two u 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.
5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement and specific task order unless an extension of time
is granted in writing by the CITY.
6. 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 VENDOR shall be made as provided on Exhibit"A"attached
hereto.
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 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 five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-1
f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
7. 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.
8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for professional surveying and mapping and related
services equal to or exceeding the standard of care for surveying professionals practicing under similar
conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain
individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY
has relied upon such representations. Therefore, VENDOR shall not change the designated Project
Manager for any project without the advance written approval of the CITY, which consent may be
withheld in the sole and absolute discretion of the CITY.
10. COMPLIANCE WITH LAWS. 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.
11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of(3)three-
years. No rate increases shall be accepted during the first or second year of this contract term.
Thereafter, for the third year of the contract and any extensions which may be approved by the City
shall be subject to the following: Costs for the three contract year and any extensions shall be subject
to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based
on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending December 31st, prior to the end of the contract year then in effect, as compared
to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety(90)days
prior to the contract anniversary date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the
Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City
Commission on recommendation of the Director of Financial Services.
12. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-2
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
13. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All policies shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-3
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
14. 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.
15. 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.
16. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this "Certificate" within one (1) year following payment.
17. 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.
18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-4
19. 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.
20. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated,the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
21. 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.
22. UNCONTROLLABLE FORCES.
22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
22.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
NOTICES. Notices to the CITY shall be sent to the following address:
James Stables, Interim City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
Engenuity Group, Inc.
Attn: C. Andre Rayman
Address: 1280 North Congress Avenue
Suite 101
West Palm Beach, FL 33409
Phone: (561) 655-1151
Email: araymanenqenuitygroup.com ; bjackson(a�engenuitygroup.com
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-5
23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR 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 VENDOR.
24. SOVEREIGN IMMUNITY.
24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
24.2 In connection with any litigation or other proceeding arising out of the Agreement, the
prevailing party shall be entitled to recover its own costs and attorney fees through and
including any appeals and any post-judgment proceedings. CITY's liability for costs and
attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity,
or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes,
as amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
25. E-VERIFY.
25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
25.1.1 Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to enter into
a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-6
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not
limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
26. SCRUTINIZED COMPANIES 287.135 and 215.473:
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel.
Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in state law, the
City will not contract for the provision of goods or services with any scrutinized company referred
to above. Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5)days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term, Contractor shall
have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
27. MISCELLANEOUS:
27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
27.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns, and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-7
27.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and
federal agencies as applicable.
27.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
27.9 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid, and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
28. DEFAULT OF CONTRACT & REMEDIES:
28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
28.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
28.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR,
where such failure shall continue for a period of seven (7) days after written notice
thereof by CITY to CONTRACTOR; provided, however, that if the nature of
CONTRACTOR's default is such that more than seven (7) days are reasonably
required for its cure, then CONTRACTOR shall not be deemed to be in default if
CONTRACTOR commences such cure within said seven (7) day period and
thereafter diligently prosecutes such cure to completion.
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-8
28.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
28.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition
to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or
arrangement under any law relating to bankruptcy(unless, in the case of a petition
filed against CONTRACTOR, the same is dismissed within sixty(60)days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where possession is not restored to CONTRACTOR within thirty (30) days; for
attachment, execution or other judicial seizure of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where such seizure is not discharged within thirty (30) days.
28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice
was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten (10)days of such declaration of default, rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement, at its own
cost and expense.
28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to Surety. Thereafter the
Surety shall receive monthly payments equal to those that would have been paid
by the CONTRACTOR had the CONTRACTOR continued to perform the services
under the Agreement.
28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONTRACTOR and/or the Surety together with the
costs incident thereto to such default.
28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be
greater, CONTRACTOR shall pay the amount of such excess to the CITY.
28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONTRACTOR fails to meet reasonable standards of the trade after CITY gives
written notice to the CONTRACTOR of the deficiencies as set forth in the written
notice within fourteen calendar(14) days of the receipt by CONTRACTOR of such
notice from CITY.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE PAGE FOLLOWS
RFQ No. UTL22-014 Professional Surveying&Mapping Services C-9
"This Agreement will take effect once signed by both parties.This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among-the
parties. A facsimile signature shall constitute an original signature for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each
of which shall be considered an original on the following dates:
DATED this /04'1 day of .�;`„ ,20c"'2d`-
CITY OF BOYNTON BEACH
J Stables, Interim City Manager (Authorized Official Name), (Vendor)
C.Andre Rayman, PSM
Print Name of Authorized Official
President
Title
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EXHIBIT "A"
Surveying & Mapping
Negotiated Rates
Engenuity Group, Inc.
Classification Hourly Rates Employees Identified
Project Manager $172.00 Jennifer Malin, PSM, C. Andre Rayman,
PSM
Professional Surveyor/Mapper $158.00 John Rice, PSM
Survey Technician $98.00 Justice Sadzauchi, SIT
Senior Field Representative $123.00 Travis Morrell
(Professional)
Survey Crew (2 Men) $144.00 Michael Van Zee, Brent Sampaio
Survey Crew (3 Men) $172.00 Reggie Bailey, Clarence Cole, Edwin
Mansell
Laser Survey Crew $187.00 Kevin Gomez, Juan Olave
Hydrographic Survey Crew $170.00 Simon Destin, Jean Fadael
GIS Specialist $123.00 Gary Rayman, PSM
CADD Technician $98.00 Mariah Anderson
Aerial Photogrammetry N/A N/A
Engenuity Group, Inc.
ATTACHMENTS
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RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "A"
City of Boynton Beach
Risk Management
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.)Thefollowing 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 orlower the stated limits, based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $
5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY Revised 04/2021
RFQ No. UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1)all Contracts; (2)all individual Work Orders.Work Orders with a term of
six(6)months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required
by the Work Order and at the time of Work Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with
efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either
"marginal"or"unsatisfactory"even when this is not within the normal review cycle.In the event the Average Rating Score is "marginal"or"unsatisfactory"even after
reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be
taken under the circumstances.
When completed,forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11)for all evaluations completed for the entire term
of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the
evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119,
F.S.
Contract/Work Order No. Contractor Evaluation Period ❑ Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings, by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory Very Good Exceptional
1. Planning &Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability I J 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 I I 5
7_ Quality of Work Completed ❑ 1 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
9. Individual Column Rating (Total lines 1-8.)
10. Total Rating Score (Total row 9.)
11. Average Rating Score(Divide line 10 by the number 8.)
RFQ No. UTL22-014 Professional Surveying&Mapping Services
In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE
utilization on Line 20.Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: n Yes
n No
13. Current work completed ahead/on schedule? If no, number of days late: and reason: n Yes
No
14. Contract currently under/at budgeted cost? If not at budget,specify amount over$ and reason: n Yes
n No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts/work orders of this type? If"No"or"Possibly", an explanation must be provided in Line 22 below. n Yes
Project Manager(sign) Date Section Administrator(sign) Date El No
n
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "No" or
"Possibly"apply to Question 21, an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
#
CONTRACT MANAGEMENT/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
#
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative (sign) Date ' Other Required Approval(sign) Date
RFQ No. UTL22-014 Professional Surveying&Mapping Services
Vit` c.
•
i4
PROFESSIONAL SURVEY AND MAPPING SERVICES
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Caulfield & Wheeler, Inc. a
[corporation] authorized to do business in the State of Florida, with a business address of 7900 Glades
Road,Suite 100, Boca Raton, FL 33484, hereinafter referred to as the"VENDOR". In consideration of the
mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below.
1. PROJECT DESIGNATION.The VENDOR is retained by the City to provide labor, parts, and materials
related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES].
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL
SURVEY AND MAPPING SERVICES].
3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of
individual task orders, at the request of the CITY during the term of this Agreement, including the
provision of all labor, materials, equipment, and supplies.
4. TERM. The initial Agreement period shall be for an initial term of three 111 years, commencing on
umber 8, 2022 and shall remain in effect through September 7. 2025. The CITY reserves the
right to renew the agreement for two al 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.
5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement and specific task order unless an extension of time
is granted in writing by the CITY.
6. 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 VENDOR shall be made as provided on Exhibit"A"attached
hereto.
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 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 five (5) years after the
termination of the Agreement.Copies shall be made available upon request.
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-1
f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
7. 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.
8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal
year of this Agreement, and is subject to termination based on lack of funding.
9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this Agreement and that it will retain
and assign qualified professionals to all assigned projects during the term of this Agreement.
VENDOR's services shall meet a standard of care for professional surveying and mapping and related
services equal to or exceeding the standard of care for surveying professionals practicing under similar
conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain
individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY
has relied upon such representations. Therefore, VENDOR shall not change the designated Project
Manager for any project without the advance written approval of the CITY, which consent may be
withheld in the sole and absolute discretion of the CITY.
10. COMPLIANCE WITH LAWS. 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.
11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of(3)three-
years. No rate increases shall be accepted during the first or second year of this contract term.
Thereafter, for the third year of the contract and any extensions which may be approved by the City
shall be subject to the following: Costs for the three contract year and any extensions shall be subject
to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based
on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U)as published
by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent(5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending December 31st, prior to the end of the contract year then in effect, as compared
to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety(90)days
prior to the contract anniversary date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the
Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City
Commission on recommendation of the Director of Financial Services.
12. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-2
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
13. INSURANCE.
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All policies shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-3
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
14. 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.
15. 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.
16. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall
exercise its rights under this"Certificate"within one (1) year following payment.
17. 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.
18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the CITY.
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-4
19. 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.
20. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) days of written notice by the terminating party to the other party for such
termination in which event the VENDOR shall be paid its compensation for services performed to
the termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
21. 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.
22. UNCONTROLLABLE FORCES.
22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
22.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
NOTICES. Notices to the CITY shall be sent to the following address:
James Stables, Interim City Manager
City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
Caulfield &Wheeler, Inc. _
Attn: Andrew Becwith _
Address: 7900 Glades Road
Suite 100
Boca Raton, FL 33484
Phone: (561)392- 1991
Email: andrew(acwiassoc.com ;dave(cwiassoc.com ;
RFQ No.UTL22-o14 Professional Surveying&Mapping Services C-5
23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the CITY and the VENDOR 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 VENDOR.
24. SOVEREIGN IMMUNITY.
24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
24.2 In connection with any litigation or other proceeding arising out of the Agreement, the
prevailing party shall be entitled to recover its own costs and attorney fees through and
including any appeals and any post-judgment proceedings. CITY's liability for costs and
attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity,
or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes,
as amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
25. E-VERIFY.
25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
25.1.1 Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to enter into
a contract with a public employer to provide labor, supplies, or services to such
employer in exchange for a salary, wages, or other remuneration. "Contractor"
includes, but is not limited to, a vendor or consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for a salary, wages, or
other remuneration.
C. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-6
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not
limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1)year after the date of termination.
26. SCRUTINIZED COMPANIES 287.135 and 215.473:
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel.
Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in state law, the
City will not contract for the provision of goods or services with any scrutinized company referred
to above. Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5)days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active contract term, Contractor shall
have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
27. MISCELLANEOUS:
27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be
governed by the laws of the State of Florida. Any legal action arising from the terms of
this Agreement shall be submitted to a court of competent jurisdiction located in Palm
Beach County.
27.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns, and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-7
27.4 In the event that either party brings suit for enforcement of this Agreement, each party
shall bear its own attorney's fees and court costs, except as otherwise provided under
the indemnification provisions set forth herein above.
27.5 Prior to final payment of the amount due under the terms of this Agreement,to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the
CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project
that is the subject of this Agreement. Payment of the invoice and acceptance of such
payment by CONTRACTOR shall release City from all claims of liability by
CONTRACTOR in connection with this Agreement.
27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect
CITY's property from all damage whatsoever on account of the work being carried on
under this Agreement.
27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of all local, city, state, and
federal agencies as applicable.
27.8 This Agreement represents the entire and integrated agreement between City and
CONTRACTOR and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement is intended by the parties hereto to be final
expression of this Agreement,and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. In the event of a conflict
between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this
Agreement shall govern then the solicitation, and then the bid proposal.
27.9 This Agreement will take effect once signed by both parties. This Agreement may be
executed by hand or electronically in multiple originals or counterparts, each of which
shall be deemed to be an original and together shall constitute one and the same
agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid, and effective upon delivery of the executed documents to the other party
through facsimile transmission, email, or other electronic delivery.
28. DEFAULT OF CONTRACT & REMEDIES:
28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, CITY reserves the right to require that CONTRACTOR correct all
deficiencies in the work to bring the work into conformance without additional cost to CITY,
and/or replace any personnel who fail to perform in accordance with the requirements of
this Agreement. CITY shall be the sole judge of non-conformance and the quality of
workmanship.
28.2 Default of Contract. The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by CONTRACTOR:
28.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions
of the CITY's designee.
28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants,
or conditions of this Agreement to be observed or performed by CONTRACTOR,
where such failure shall continue for a period of seven (7)days after written notice
thereof by CITY to CONTRACTOR; provided, however, that if the nature of
CONTRACTOR's default is such that more than seven (7) days are reasonably
required for its cure, then CONTRACTOR shall not be deemed to be in default if
CONTRACTOR commences such cure within said seven (7) day period and
thereafter diligently prosecutes such cure to completion.
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-8
28.2.4 The assignment and/or transfer of this Agreement or execution or attachment
thereon by CONTRACTOR or any other party in a manner not expressly permitted
hereunder.
28.2.5 The making by CONTRACTOR of any general assignment or general arrangement
for the benefit of creditors, or the filing by or against CONTRACTOR of a petition
to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or
arrangement under any law relating to bankruptcy(unless, in the case of a petition
filed against CONTRACTOR, the same is dismissed within sixty(60) days); or the
appointment of a trustee or a receiver to take possession of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where possession is not restored to CONTRACTOR within thirty (30) days; for
attachment, execution or other judicial seizure of substantially all of
CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement,
where such seizure is not discharged within thirty(30) days.
28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify
CONTRACTOR, in writing,of such abandonment, delay, refusal,failure, neglect, or default
and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such
written notice shall be mailed to the Surety on the Performance Bond. If the abandonment,
delay, refusal,failure, neglect, or default is not cured within seven (7)days of when notice
was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR
of such declaration of default and terminate the Agreement. The Surety on the
Performance Bond shall within ten(10)days of such declaration of default, rectify or cause
to be rectified any mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform services under the Agreement, at its own
cost and expense.
28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at
the time of default, less all sums due CITY for damages suffered, or expenses
incurred by reason of default, shall be due and payable to Surety. Thereafter the
Surety shall receive monthly payments equal to those that would have been paid
by the CONTRACTOR had the CONTRACTOR continued to perform the services
under the Agreement.
28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use
of a subcontractor, or by re-letting a contract for the same, and procure the
equipment and the facilities necessary for the completion of the Agreement, and
charge the cost of same to CONTRACTOR and/or the Surety together with the
costs incident thereto to such default.
28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been
payable to CONTRACTOR under this Agreement, if the same had been fulfilled by
CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be
greater, CONTRACTOR shall pay the amount of such excess to the CITY.
28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to
terminate the Agreement at any time, whenever the service provided by
CONTRACTOR fails to meet reasonable standards of the trade after CITY gives
written notice to the CONTRACTOR of the deficiencies as set forth in the written
notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such
notice from CITY.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
SIGNATURE PAGE FOLLOWS
RFQ No.UTL22-014 Professional Surveying&Mapping Services C-9
"This Agreement will take effect once signed by both parties.This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the
parties.A facsimile signature shall constitute an original signature for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each
of which shall be considered an original on the following dates:
DATED this day of - `if4 .()tkIY1� , 200 .
CITY OF BOYNTON BEACH
,#arnes Stables,Interim City Manager (Authorized Official Name), (Vendor)
( / 1i lt� �,' (� ' c-�' 1r
Print Name of Authorized Official
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Approved as to Fop: zsri Attest/Authenticated:
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Michael D.Cirullo,Jr. ---(S—
Office of the CITY Attorney
RFO No.UTL22-014 Professional Surveying&Mapping Services G10
ATTACHMENTS
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RFQ No.UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "A"
City of Boynton Beach
Risk Management
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.)Thefollowing 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 orlower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $
5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY Revised 04/2021
RFQ No.UTL22-014 Professional Surveying&Mapping Services
ATTACHMENT "B"
SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE
(FOR INFORMATIONAL PURPOSES ONLY)
instructions: Performance evaluations shall be completed by the Project Manager for the following:(1)all Contracts;(2)all individual Work Orders. Work Orders with a term of
six(6)months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required
by the Work Order and at the time of Work Order or Contract completion.
It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with
efforts to bring performance back to acceptable standards. It is equally Important to complete this form whenever any of the performance indicators are either
"marginal"or"unsatisfactory"even when this is not within the normal review cycle.In the event the Average Rating Score is"marginal"or"unsatisfactory"even after
reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be
taken under the circumstances.
When completed,forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores(Line 11)for all evaluations completed for the entire term
of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the
evaluation process of future solicitations released by the District.The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119,
F.S.
Contract/Work Order No. 1 Contractor Evaluation Period 0 Interim
❑ Final
Project Title If evaluating under a work order contract, specify type
Check the appropriate ratings for Lines 1 through 8.
Sum the individual ratings,by column,to produce the Individual Column Ratings on Line 9.
Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10.
Divide the Total Rating Score in Line 10 by the number 8(the number of performance indicators in Lines 1-8)to produce the Average Rating Score in Line 11.
Performance Indicators Rating
Unsatisfactory Marginal Satisfactory _ Very Good Exceptional
1. Planning&Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
2. Staff Capability Cl 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 n 5
5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 Cl 5
6. Report and Drawings Quality ❑ 1 n 2 ❑ 3 ❑ 4 ❑ 5
7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5
8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ i ❑ 2 ❑ 3 ❑ 4 ❑ 5
g. Individual Column Rating(Total lines 1-8.)
10. Total Rating Score(Total row 9.)
11. Average Rating Score(Divide line 10 by the number 8.)
RFQ No.UTL22-014 Professional Surveying&Mapping Services
In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE
utilization on Line 20.Additional space is available on Line 22 if needed.
12. Current tasks completed and/or deliverables received? If no, reason: nYes
n No
13. Current work completed ahead/on schedule?If no, number of days late: and reason: n Yes
n No
14. Contract currently under/at budgeted cost? If not at budget,specify amount over$ and reason: ❑ Yes
El No
15. Contractor strengths:
16. Contractor weaknesses:
17. Specific problems incurred:
18. How may these have been prevented?
19. Additional comments/recommendations:
20. Comments on sub-contractor utilization:
21. Currently recommend firm for future contracts/work orders of this type?If"No"or"Possibly", an explanation must be provided in Line 22 below. n Yes
Project Manager(sign) Date Section Administrator(sign) Date n No
El
22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; If either "No" or
"Possibly"apply to Question 21,an explanation must be provided here.Additional sheets may be attached if necessary.
Number Remarks
CONTRACT MANAGEMENT/PROCUREMENT USE ONLY
Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2:
Number Remarks
Evaluation Number/Score: Comments:
Running Average Score:
Procurement Representative(sign) Date Other Required Approval(sign) Date
RFQ No.UTL22-014 Professional Surveying&Mapping Services
EXHIBIT "A"
Surveying & Mapping
Negotiated Rates
Caulfield & Wheeler, Inc.
Classification Hourly Rates Employees Identified
Project Manager $190 David P. Lindley, PLS
Stan Copeland, PSM
Professional Surveyor/Mapper $140 David P. Lindley, PLS
Jeffrey Wagner, PLS
Owen M. Riggs, PSM
Ronnie Furniss, PSM
Stan Copeland, PSM
Dennis Ritzel, PSM
Clyde Mason II, PSM
Survey Technician $125 TJ Jones, CST
Survey Crew(2 Men) $165 TBD
Survey Crew (3 Men) $190 TBD
Laser Survey Crew $250 Rhied White
Erik Stohl
Andrew Beckwith
Jason Cloninger
Hydrographic Survey Crew $250 TBD
GIS Specialist N/A N/A
CADD Technician $100 TBD
Aerial Photogrammetry Not hourly. Per project. Andrew Beckwith
Jason Cloninger
Caulfield & Wheeler, Inc.