Cured-In-Place Pipe Lining - R22-059 - cSi
G\TY OR'
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LTON
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR
CURED-IN-PLACE PIPE LINING
THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and INSITUFORM TECHNOLOGIES,
LLC, authorized to do business in the State of Florida, with a business address of 17988 Edison Avenue,
Chesterfield, MO 63005, hereinafter referred to as the"CONTRACTOR".
1. PROJECT DESIGNATION:
The Contractor is retained by the City to perform cured-in-place pipe lining in connection with the
RFQ FOR CURED-IN-PLACE PIPE LINING; RFQ No.: UTL22-013.
2. SCOPE OF SERVICES/PROCESS:
This Agreement applies to the performance of Cured-In-Place Pipe Lining projects,which are projects
that consist of installing cured-in-place pipe liner using a resin-impregnated flexible tube method that
is formed to the original conduit by use of hydrostatic pressure. Rehabilitations will be made to the
City's Wastewater and existing Stormwater Systems.The Cured-In-Place Pipe Lining(CIPP)projects
shall be initiated by the City upon issuance of a detailed solicitation and shall be advertised to all pre-
qualified Cured-In-Place Pipe Lining (CIPP) Contractors. As needed, a Bid will be issued outlining
the scope of services for specific task(s). The work will be performed on an as-needed basis at
various locations throughout the City of Boynton Beach and extended wastewater and stormwater
service area. No project under this contract shall require a bid, payment, or performance bond unless
specifically noticed in the solicitation. Projects will commence only upon issuance of a valid Purchase
Order by the Finance Department and a written Notice to Proceed. The award of bid will be based
upon the pre-qualified Contractor's competitive proposal submittal.
3. CONTRACT DOCUMENTS:
Work performed under this Agreement shall be in accordance with the following Boynton Beach
Utilities Standard Contract and Construction documents:
3.1 Request for Qualifications/Bid Document
3.2 Notice to Proposers
3.3 RFQ/Bid Forms (including the RFQ Document, Bid, Scope of Service(s), Information
Required of Proposer, and all required certificates, affidavits, and other documentation.
3.4 Contract
3.5 Contractor's Performance and Payment Bond
3.6 General Conditions for Construction
3.7 Special /Supplemental Conditions
3.8 Technical Specifications
3.9 City Construction Standards and Details (available online at: www.boynton-
beach.orcq/water-utilities/new-construction)
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 37
3.10 Drawings specific to each project
3.11 Addendum No. 1 &Addendum No. 2
4. TIME FOR PERFORMANCE:
Work under this agreement shall commence upon written notice by the,City to the CONTRACTOR
to proceed. CONTRACTOR shall perform all services and provide all work products required pursuant
to this agreement upon written notice to proceed.
5. TERM:
This Agreement shall commence upon Commission approval and shall be valid for an initial term of
three(3)years.The City of Boynton Beach may renew the contract with the same terms and conditions
for two (2) one-year renewal periods subject to vendor acceptance, satisfactory performance, and
determination that renewal will be in the best interest of the City. At the City's request, the Firm shall
continue services beyond the final expiration date as approved by the City Manager or City Commission.
Such extension(s)shall not exceed a six-month period.
6. PAYMENT PROCEDURES:
Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for
Payment / Invoices submitted to the City properly, provided that the total amount of payment to
CONTRACTOR shall not exceed the total contract price without express written modification of the
Agreement signed by the City Manager or designee.
The City will pay the CONTRACTOR for the performance of the work that is completed to date in
accordance with the contract price at the lump sum or unit prices presented by the CONTRACTOR and
accepted by the City.
6.1 The CONTRACTOR may submit invoices to the City once per month during the progress
of the work for partial payment for the project completed to date. Such invoices will be
reviewed by the City, and upon approval thereof, payment will be made to the
CONTRACTOR in the amount approved.
6.2 Final payment of any balance due to the CONTRACTOR of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this CONTRACT and its acceptance by the City.
6.3 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.
6.4 The CONTRACTOR'S records and accounts pertaining to this CONTRACT are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the CONTRACT. Copies shall be made available upon
request.
6.5 The City may withhold, in whole or in part, payment to such extent as may be necessary
to protect itself from loss on account of:
6.5.1 Defective Work not remedied.
6.5.2 Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR.
6.5.3 Failure of CONTRACTOR to make payments properly to
SUBCONTRACTORS or for material or labor.
6.5.4 Damage to another CONTRACTOR not remedied.
6.5.5 Liquidated Damages and costs incurred by the City for extended
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 38
construction administration.
When the above grounds are removed or resolved or CONTRACTOR
provides a surety bond or consent of surety, satisfactory to the City, which
will protect the City in the amount withheld, payment may be made in
whole or in part.
7. CONTRACTOR GUARANTEE:
CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or
defects owing to faulty materials or workmanship for a period of one (1) year after completion of the
WORK covered by this Agreement. The CONTRACTOR, free of all costs to the CITY, shall replace
any part of the equipment, materials, or work included in this Contract, which proves to be defective
by reason of faulty materials, damages, and/or workmanship within twelve (12) month period.
8. OWNERSHIP AND USE OF DOCUMENTS:
All documents, drawings, specifications, and other materials produced by the Firm 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 Firm shall be permitted to retain copies, including
reproducible copies of drawings and specifications for information, reference, and use in connection
with the Firm's endeavors.
9. COMPLIANCE WITH LAWS:
CONTRACTOR shall, in performing the services contemplated by this Agreement,faithfully observe
and comply with all federal, state, and local laws, ordinances and regulations that are applicable to
the services to be rendered under this agreement.
10. INDEMNIFICATION:
CONTRACTOR shall indemnify, defend and hold harmless the City, its offices,agents,and employees,
from and against any and all claims, losses or liability, or any portion thereof, including fees and costs,
arising from injury or death to persons, including injuries,sickness,disease or death to CONTRACTOR's
own employees, or damage to property occasioned by a negligent act, omission or failure of the
CONTRACTOR.
11. INSURANCE:
The CONTRACTOR shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence
and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for
property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per
occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers'compensation
insurance, and vehicular liability insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named insured"
and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to
the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors &
Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such
policy for each claim and on a claim made basis or on an occurrence basis to be no less than one
million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars
($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of
liability. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made
against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying
on the competence of the Contractor to design the project to meet its functional intent. If it is
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 39
determined during construction of the project that changes must be made due to Contractor's
negligent errors and omissions, Contractor shall promptly rectify them at no cost to City and shall be
responsible for additional costs, if any, of the project to the proportional extent caused by such
negligent errors or omissions
12. INDEPENDENT CONTRACTOR:
The CONTRACTOR and the City agree that the CONTRACTOR 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
CONTRACTOR nor any employee of CONTRACTOR 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 CONTRACTOR, or any employee of CONTRACTOR.
13. COVENANT AGAINST CONTINGENT FEES:
The CONTRACTOR warrants that he has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract,
and that he has not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or
any other consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITITES:
If a Contractor is awarded a contract as a result if this solicitation, Contractor will, if Contractor has
sufficient capacity or quantities available, provide to other Florida governmental agencies so
requesting, the products or services awarded in accordance with the terms and conditions of the
Request for Qualifications and resulting award.
15. DISCRIMINATION PROHIBITED:
The CONTRACTOR, 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.
16. ASSIGNMENT:
The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
17. 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.
18. TERMINATION:
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the CONTRACTOR.
b. In the event of the death of a member, partner, or officer of the CONTRACTOR, or any of
its supervisory personnel assigned to the project, the surviving members of the
RFQ No.UTL22-0I3—Cured-In-Place Pipe Lining(CIPP) 40
CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the CONTRACTOR and the City, if the City so
chooses.
19. 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.
20. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to CONTRACTOR shall be sent to the following:
Attention: Diane Partridge
Address: 17988 Edison Avenue
Chesterfield, MO 63005
Contact#: (636) 350-8650
Email: dpartridge@aegion.com
21. INTEGRATED AGREEMENT:
This agreement, together with attachments or addenda, represents the entire and integrated
agreement between the City and the CONTRACTOR 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 CONTRACTOR.
22. PUBLIC RECORDS:
Sealed documents received by the City in response to an invitation are exempt from public records
disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award
sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise
provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and, following completion of the contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the
Contractor transfers the records in its possession to the CITY; and
RFQ No.UTL22-0I3—Cured-In-Place Pipe Lining(CIPP) 41
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor's possession All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC(c�BBFL.US
23. E-VERIFY:
23.1 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.
23.1.1 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.
23.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify
System in order to verify the work authorization status of all newly hired employees.
Contractor shall register for and utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach.
The Contractor acknowledges and agrees that registration and use of the U.S.
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 42
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.
24. 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.
25. MISCELLANEOUS:
25.1 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.
25.2 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.
25.3 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.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 43
25.4 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.
25.5 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.
25.6 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.
25.7 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.
25.8 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.
25.9 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.
26. DEFAULT OF CONTRACT& REMEDIES:
26.1 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.
26.2 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:
26.2.1 The abandonment of the project by CONTRACTOR for a period of more than
seven (7) business days.
26.2.2 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.
26.2.3 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.UTL22-0I3—Cured-In-Place Pipe Lining(CIPP) 44
26.2.4 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.
26.2.5 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.
26.3 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.
26.3.1 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.
26.3.2 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.
26.3.3 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.
26.3.5 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.
SIGNATURE PAGE FOLLOWS
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 45
"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 , 20 .
CITY OF BOYNTON BEACH NAME OF VENDOR
.046 City Manager Contractor
Attest/Authenticated:
Title
G\ Y Qom.
4 �,r. ` l � (Corporate Seal)
Cry- al Gibson, City Clerk • l �-'
`� � v
Approved as to Form: 11'V- Attest/Authenticated:
James A. Cherof, City ttorney Witness
RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 46
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 4/2021