HomeMy WebLinkAboutAgreement_General_1/8/2026_Fortline, Inc. VILLAGE OF TEQUESTA 1-t AMENDMENT TO THE AGREEMENT FOR WATER
ACCESSORIES BY AND BETWEEN THE VILLAGE OF TEQUESTA AND
FORTILINE,INC.
THIS FIRST AMENDMENT,made and entered into this �� day of
effective immediately, by and between the Village of Tequesta, Florida, a municipal
corporation organized and existing in accordance with the laws of the State of Florida, with
offices located at 345 Tequesta Drive,Tequesta, Florida 33469,hereinafter referred to as the
"Village", and Fortiline, Inc. ,a corporation licensed to do business within the State of Florida,
with Corporate offices located at 7025 Northwinds Drive NW, Concord,NC, 28147, hereinafter
the "Contractor" (and collectively the "Parties").
WITNESSETH:
WHEREAS,the parties entered into an agreement for the purchase of water accessories
dated April 28t', 2025,attached hereto as Exhibit"A",based on a piggyback of the City of
Boynton Beach water accessories agreement WH22-047 attached hereto as Exhibit"B"; and
WHEREAS,the agreement for water line accessories expired on October 10",2025, but
contemplated an additional one-year extension;and
WHEREAS,the Village of Tequesta now desires to extend the agreement for the final
available renewal term.
NOW,THEREFORE, for and in consideration of the mutual covenants and promises contained
herein to be kept and performed by the parties hereto, it is agreed as follows:
SECTION 1. The original agreement attached hereto as Exhibit "A" is hereby extended for the
final available renewal term and shall now expire on October 16t',2026.
SECTION 2. All other sections of the April 28t',2025 Water Accessories agreement shall remain
in full force and effect as originally entered into by the Parties.
THIS SPACE INTENTIONALLY LEFT BLANK
1
WHEREFORE,the parties have set their authorized signatures on the dates set forth next to
each.
VILLAGE OF TEQUESTA
Jeremy Allen Digitally signed by Jeremy Allen
BY: Date:2025.12.16 08:46:09-05'00'
Printed Name: Jeremy Allen
Title: Village Manager
Date: See digital signature
ATTEST: FORTILI , INC.
BY: BY:
Printed Name: Aaron Manning
Title: General Manager
Date: 12/15/2025
2
EXHIBIT A
VILLAGE OF TEQUESTA
AGREEMENT FOR WATER METER FITTINGS AND WATER LINE
ACCESSORIES
THIS AGREEMENT for water is entered into and effective this 28 day of
April , 2025, by and between the VILLAGE OF TEQUESTA, a Florida municipal
corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and
existing in accordance with the laws of the State of Florida,hereinafter"the Village";and Fortiline,
Inc., a Florida corporation, with offices located at 7025 Northwinds Drive NW, Concord, NC,
28147,hereinafter"the Contractor," and collectively with the Village, "the Parties."
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties,hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide water meter fittings and water line accessories as needed by
the Village. The Parties agree to enter into this Agreement and piggyback for water accessories at
the unit prices described in the City of Boynton Beach Agreement for Brass Fittings and
Accessories awarded through ITB #WH22-047 that agreement including its terms, conditions,
specifications, and attached exhibits/amendments, are hereby fully incorporated into this
Agreement and attached hereto as Exhibit"A."The Parties agree this is an"as needed"agreement
Village may purchase greater or lesser amounts than anticipated under the City of Boynton Beach
ITB W1122-047 agreement.
2. COMPENSATION: In consideration of the above Scope of Services,pricing shall
be pursuant to the unit prices provided in Exhibit"A." The Parties hereby agree to the Village's
purchase of supplies and/or services in greater or lesser amounts than estimated in the City of
Boynton Beach ITB #WH22-047 agreement, as referenced by the proposal in Exhibit "A." In
consideration for the above Scope of Services and pursuant to any Exhibits, if applicable, the
Village shall pay the Contractor at the unit prices as described in Exhibit "A." The goods or
services shall be delivered on a per-order basis in a time, manner, and location acceptable to the
Village on/or by the "Performance Date."
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3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this
contract and that prompt and timely performance of all such obligations is strictly required. If
conditions change that would require an increase in price, scope, or time for performance Seller
must notify the Village in writing detailing the conditions that have changed and requesting a
change order to the contract within 30 days prior to the performance date "Change Order
Deadline". Change orders submitted after the change order deadline will not be considered. Seller
shall not proceed with any change to its obligations under a change order request unless
documented in a Change Order executed by both Parties. If Seller requests a change order prior to
the change order deadline Village at its discretion may accept the change order as is or with
modifications, deny the change order,re-advertise and re-solicit providers for the required goods
or services or terminate this contract.If the Village elects to re-advertise and re-solicit the need for
goods or services, the Village will have 30 days "Solicitation Period" in which to accept the
contemplated change order or terminate this contract. At any time after execution of this
Agreement but prior to Seller's delivery of the Goods,the Village reserves the right at its discretion
to change, modify, revise, add, or remove any part of its order for the Goods as described by this
Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an
increase or decrease in the cost of the Goods or causes a change in the time required for delivery
of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery
schedule, or both.Any change to the Village's order for the Goods and any subsequent equitable
adjustment to the terms of this Agreement shall be effectuated through a written Amendment to
this Agreement as executed by both Parties pursuant to Section 15. of this Agreement.
4. TERM; TERMINATION; NOTICE: Pursuant to the City of Boynton Beach ITB
#WH22-047,the original contract term expired on October 16th 2023.The City of Boynton Beach
renewed the contract through Amendment #1 and Amendment #2 to the contract, extending the
term until October 16a', 2025. One additional (1) year renewal option remains. This Agreement
may be terminated by either party upon 30 days written notice to the other party. Notice shall be
considered sufficient when sent by certified mail or hand-delivered to the Parties during regular
business hours at the following addresses:
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Village Contractor
Village of Tequesta Fortiline, Inc.
345 Tequesta Drive Attn: Rob Cavallaro
Tequesta, FL 33469-0273 5759 White Drive
Attn: Utilities Director Riviera Beach, FL 33407
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit"A" and shall name
the Village as an "additional insured" on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend, and
hold harmless the Village,its agents,servants,and employees from and against any claim,demand,
or cause of action of whatsoever kind or nature arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)months immediately preceding
the date hereof.This notice is required by Section 287.133(3)(a),Florida Statutes.
8. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or principal-agent is or shall be created hereby,nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters,review and audit municipal contracts, and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
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investigations.All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095,Florida Statutes, as may be amended.No later than January 1,
2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2)verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit
stating that the sub-consultant does not employ,contract with,or subcontract with an Unauthorized
Alien,as that term is defined in Section 448.095(1)(k),Florida Statutes,as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes,as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. In the event
of such contract termination,the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
11. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
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215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes.The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725, Florida Statutes. Additionally,the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes.
12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
13. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. CHOICE OF LAW, VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
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request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes.
A Contractor who fails to provide the public records to the Village,or fails to make them available
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10,Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village.Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor,or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian of public records,in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PLIBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliamsA,teguesta.or$!, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
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18. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
20. ENTIRE AGREEMENT: This eight page Agreement, including any Exhibits,
constitutes the entire agreement between the parties; no modification shall be made to this
Agreement unless such modification is in writing, agreed to by both parties and attached hereto as
an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
21. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such Party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: FORTILINE, INC.
fob Cava(,a70
By: Rob Cavallero
Title: Branch General Manager ••••••�••••,•••
Date:04.14.2025 �•` FL . ��•00
(Corporate Seal) 1986
VILLAGE OF TEQUESTA
Digitally signed by Jeremy Allen
Jeremy A e n Date:2025.04.28 08:28:27-04'00'
By: Jeremy Allen,Village Manager
Page 8 of 8
EXHIBIT B
The City of
Boynton Beach
PROC.'UREMEVT SERVICES
3301 QUANTUM BLVD
SUITE 101
P.O. BOY 310
BOYVTOV BEACH, FLORIDA
33425-0310
40 TELEPHONE VO: (561) 742-6310
FAX: (561)742-6316
August 7,2025
Fortiline,Inc.
Jordan.mccall(a)forti line.com
BID NAME: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
BID#WH22-047
EXTENSION PERIOD:OCTOBER 17,2025 thru OCTOBER 16,2026
To whom it may concern:
At the Commission meeting held on August 5,2025,the bid for"ANNUAL SUPPLY OF BRASS FITTINGS
AND ACCESSORIES"was approved for an additional year with the same terms,conditions and prices.
Thank you for extending this Bid and we look forward to working with your company for an additional year.
If you have any questions or concerns,please contact Michael Dauta,Division Director,Materials and Distribution,
at dautam@bbfl.us.
Sincerely,
% ,e; i Z241 u�
Division Director,Materials and Distribution
A 11ERIC.A'S GATETVA Y TO THE GULPSTREAM
The City of
Boynton Beach
FINANCE/PROCUREMENT
SERVICES
100 EAST OCEA_V AVE
P.O.BOX 310
BOYVTOXBEAC.H,ELORIDA 33435
TELEPHONE NO: (561)742-6310
410 PAX.•(561) 742-6316
July 30, 2024
Fortiline, Inc.
5759 White Drive
Riviera Beach,FL. 33407
BID NAME: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
BID #WH22-047
To whom it may concern:
The above referenced bid will expire 10-16-24. The bid contains an option for renewal.
Therefore,the City of Boynton Beach would like to renew the existing bid under the same terms
and conditions for an additional year.
We appreciate your quality service, and if you agree. the bid will be extended for an additional
year.
Please indicate your response on the following page and email it to Michael Dauta, Division
Director, Materials and Distribution, at dautamkbbfl.us. We look forward to continue working
with you. If you agree,we will go to Commission for approval.
If you should have any questions, please feel free to email Michael Dauta, Division Director,
Materials and Distribution at dautam o bbfl.us. Thank you
AAIERICA'S GATEWAY TO THE GULFSTREA;II
BID NAME: BID NAME: "ANNUAL SUPPLY OF BRASS FITTINGS AND
ACCESSORIES"
Contract Renewal Period: October 17, 2024 THROUGH October 16, 2025
Agreement between the City of Boynton Beach, and Fortiline, Inc.
Yes, I agree to extend the existing Bid for Brass Fittings under the same Terms and
Conditions for an additional year: October 17, 2024 through October 16,2025
No,I do not wish to renew the agreement.
FORTILINE, INC. fob CavaUan
SIGNATURE
Rob Cavallaro General Manager
NAME OF REPRESENTATIVE TITLE
(please print)
7/30/2024 561-253-9886
DATE (AREA CODE) TELEPHONE NUMBER
A-TIERICA'S GATE6T A Y TO THE G ULPSTREAJI
The City of
Boynton Beach
PROCUREMENT SERVICES
P.O.BOX 310
BO YNTON BEA CH, ELORIDA
33425-0310
TELEPHOVENO: (561)742-6310
. PAX: (561)742-6316
September 9,2022
Fortiline,Inc.
J ordan.mccall Aforti 1 in e.co m
RE: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
BID#: WH22-047
Contract Period:October 17,2022 thru October 16,2023
Dear:Jordan McCall,
At the Commission meeting on September 8,2022,the BID for"ANNUAL SUPPLY OF BRASS FITTINGS
AND ACCESSORIES"was awarded and your company was one of two selected.
A Blanket Purchase Order will be issued to your company on an"As Needed Basis".
We would like to thank you for responding to this Bid. If you have any questions regarding this Bid,please contact
Michael Dauta,Manager of Materials and Distribution,at dautam@_bbfl.us
Sincerely,
. yUm a--(2_- -w
Mara Frederiksen
Director of Financial Services
Enclosure:Tabulation Sheet
AMERICA'S GATEWA Y TO THE G ULPSTREAM
Attachment B - Item 1
Core&Main Fortiline
Manufacturer Discount Percentage Off Cost Plus% Discount Percentage Off Cost Plus%
Ford 0% Market Cost Plus based on current market 01/6
price lists.
Catalog groups: AEFGHIJ will be Market
Cost Plus 11%
Catalog group: AA- S70/S90 Market
Cost Plus 11% only on this saddle style
Catalog group: AA - 202B/202BS
Market Cost Plus 11%
on this saddle type only
Catalog group: C -
Complete yoke boxes Market Cost Plus
11%only on this saddle type
Mueller 0% 0% Service Brass:-45% Cost+11%
Hymax:42% Cost+11%
AY MCDonald 0% 0% Service Brass:&1-% Cost+11%
Domestic threaded brass
fittings:92% Cost+11%
Domestic nipples:92% Cost+11%
Merit Brass 0% Nipples and Fittings Market Cost Plus 11% DOMESTIC LEAD FREE
BRASS:77% ost+11%
Lee Brass 0% 01% 0%
Attachment B - Item 2
Core and Main
Line Item Description Part Number Current Price Discount%from Item Cost plus percentage from Item Final Item Price
1 3/4"x 4"Brass Nipple $4.5500 N/A Market Cost Plus 11% $5.0500
2 1"Ball Valve Comp x Yoke B94-344W $93.2100 N/A Market Cost Plus 11% $103.4600
3 1"CC Ball Corp FB-1000-4 $76.1200 N/A Market Cost Plus 11% $84.4900
4 1"x 3/4"Brass Bushing $8.5500 N/A Market Cost Plus 11% $9.4900
5 3/4"Tail Pieces C91-23 $9.8700 N/A Market Cost Plus 11% $10.9600
Fortiline
Line Item Description Part Number Current Price Discount%from Item Cost plus percentage from Item Final Item Price
1 3/4"x 4"Brass Nipple $128.5500 92% $10.2400
2 1"Ball Valve Comp x Yoke B94-344W $172.0400 51% $84.2900
3 1"CC Ball Corp FB-1000-4 $140.9100 51% $69.0400
4 1"x 3/4"Brass Bushing $69.2400 82% $12.4600
5 3/4"Tail Pieces C91-23 $18.2800 51% $8.9500
Core and Main Fortiline
Line Item
1 $5.0500 3 $10.Z400 2
2 2 $84.2900 3
3 3 *Ai
-Am- 2 $69.0400 3
4 $9.4900 3 $12.4#00 2
5 2 $8.9500 3
Total 2 $184.9800 3
14 16
Points
Lowest 3
Second 2
Third 1
Attachment B - Item 3
Core and Main Fortiline
Cost Plus Percentage Discount Percentage Off
Core & Main would like to offer Market AR117.000%
Cost Plus 11%.This Endot HDPE 35.000%(Escalation clause up to 10%)
price encompasses any non- DFW GRADE C BOXES AND LIDS 26%
brass products offered by Ford Mueller A Trumbull industries 38%
Y McDonald Merit or Lee as well as (but
not limited to) any pipe valves fittings f NDS METER BOXES AND LIDS60.000%
ire hydrants and meters offered by our c NDS CHECK VALVES40.000%
ompany. Please note that all packing han NDS TRUE UNION BALL VALVES40.000%
dling shipping and delivery charges to th NDS COMPRESSION FITTINGS4S.000%
e City of Boynton Beach are included. NDS GATE VALVES40.000%
Raven meter boxes Sigma and iron and polymer lids 35%
CDR meter boxes and lids tier 8-45%
Cost Plus Percentage
*Any item not on the list-20% plus cost plus freight*
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES
ITB No. WH22-047
CITY OF BOYNTON BEACH
CITY HALL
100 E Ocean Ave
BOYNTON BEACH, FL 33435
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: AUGUST 2, 2022
NO LATER THAN 2:30 P. M.
i
INVITATION FOR BIDS
FOR
TABLE OF CONTENTS
Scope of Services Information ..........................................................................................3
Section 1 —Scope of Services and Project Information..............................................5
Section 2— Instruction to Bidders......................................................................................9
Section 3—Bid Submission Requirements........................................................................ 11
Section 4—General Conditions......................................................................................... 13
Section 5 - Special Conditions ..........................................................................................23
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer's Qualification Statement .......................................................................24-29
Anti-Kickback Affidavit...........................................................................................30
Non-Collusion Affidavit of Proposer.......................................................................31
Certification Pursuant to Florida STATUTE § 287.135...........................................32-33
Draft Contract
Draft Contract Agreement .........................................................................C1-05
Insurance Advisory Form ..........................................................................C-8
Exhibit 'A'.........................................................................................................
Scope of Services ....................................................................................C-6
Exhibit 'B'.........................................................................................................
Scheduleof Prices ...................................................................................C-7
INVITATION TO BID (ITB)
WH22-047
FOR
INVITATION FOR BIDS
FOR
ANNUAL SUPPLY FO BRASS FITTINGS AND ACCESSORIES
Electronic Invitation To Bids (ITB's) shall be received by the bidding system up until: AUGUST 2,
2022 No Later Than 2:30 PM (Local Time).
All Bids will be publicly opened online at Boynton-beach.bidsandtenders.net. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System's web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visit Boynton-beach.bid sandtenders.net. Documents are not
provided in any other manner.
SCOPE OF ITB:
The City of Boynton Beach is seeking bids to secure pricing for a period of one (1) year for the
purchase of brass supplies to stock in the City's Warehouse to provide availability for various City
Departments as needed to complete tasks, make repairs, and provide services to the City of Boynton
Beach.
TERM OF CONTRACT
The initial term of the contract shall be for one (1) year effective upon date the contract is fully
executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the
Finance Director may extend the agreement at the same terms, and conditions,for three(3) additional
one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as
determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal
will be in the best interest of the City.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article Vill, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in
effect until Council awards or approves a contract, rejects all bids or responses, or otherwise takes
action that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent
shall directly or indirectly communicate with any member of City Commission or their staff, the
Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation
to the award of a particular contract or member of the Selection Committee in reference to the
solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm
Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for
disqualification for award of contract to the Bidder. Further, any contract entered into in violation of
the cone of silence shall render the transaction voidable.
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The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing
the protest and any employee, or any written correspondence with Boynton Beach as may be
permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any
purchases made in an amount less than the competitive solicitation threshold set forth in the
Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty (30)days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the "Submit a Question" button for this specific Solicitation.
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ti.
INVITATION TO BID (ITB)
No. WH22-047
FOR
"ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
SECTION 1 —SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID TERM:
The initial term of the contract shall be for one (1) year effective upon date the contract is fully
executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with
the Finance Director may extend the agreement at the same terms, and conditions, for three
(3) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory
performance as determined by the Purchasing Manager, and determination by the Purchasing
Manager that renewal will be in the best interest of the City.
1.2 BASIS OF AWARD:
While it is the intent of the City to award the bid to one vendor who is the lowest responsive
and responsible Bidder as determined by the city, the City reserves the right to make
multiple awards. The City reserves the right to reject all bids, waive non-material errors in
the bids, to abandon the project and to solicit and re-advertise for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept
or reject any or all bids for any reason whatsoever. The City further reserves the right to
waive irregularities and technicalities and/or to request resubmission. There is no obligation
on the part of the City to award the bid to the lowest Bidder, or any Bidder. The City
reserves the right to make the award to a responsible Bidder submitting a responsive bid
most advantageous and in the best interest of the City. The City shall be the sole judge of
the bids and the City's decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED:
1.3.1 PURPOSE:
The purpose and intent of this invitation to bid is to establish vendors to secure pricing for a
period of one (1) year for the purchase of brass supplies to stock in the City's Warehouse to
provide availability for various City Departments as needed to complete tasks, make repairs,
and provide services to the City of Boynton Beach.
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1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS:
A. REFERENCES:
Complete the Reference Document and include at least three(3)references from customers that
you have contracted with to provide brass supplies.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City's contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
C. QUALIFICATIONS:
The bidder(s) must have adequate organization, facilities, equipment, and personnel to
insure prompt and efficient service. The COBB reserves the right, before recommending any
award, to inspect the facilities to determine ability to perform. The COBB reserves the right to
reject bids where evidence submitted, investigation and/or evaluation, is determined to
indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
D. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
wearing uniform shirts clearly identifying the company's name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3" above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
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a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
E. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
who is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
F. PAYMENT/ PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications,free of damage
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in
accordance with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor's invoice for any equipment and parts
used (including mark-up as specified in Attachment"C".
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
G. INCORRECT PRICING/INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator's attention and did not receive written approval via a
Change Order issued by the Purchasing Agent may not be honored.
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H. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator's attention and approved
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator's attention and did not result
in a Change Order approved by the Purchasing Agent may not be honored.
I. COMPLETION OF SERVICES/LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. Collect liquidated damages in the amount of$250 per day work is not completed OR
2. Cancel the contract with the bidder and to secure the services through another
source of supply to complete the work.
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which were incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
J. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects,
deficiencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such rejected work. If the Bidder fails to correct the work within the period
specified; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually default and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
8
INVITATION TO BID (ITB)
No. WH22-047
FOR
"ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
SECTION 2—INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB's) shall be received by the City's e-Procurement bidding
system no later than: AUGUST 2, 2022 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online at Boynton-beach.bid sandtenders.net prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net.You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System's web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four(24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support(c)_bidsandtenders.net.
2.10 Late Submittal Responses are not permitted by the Bidding System.
9
2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
�o
INVITATION TO BID (ITB)
No. WH22-047
FOR
"ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
SECTION 3— BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF ITB'S
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all
other services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by
the Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal
requirements of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety
gear, including but not limited to hard hats,work shoes, shirts and long pants, as appropriate
for the performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement— Upload Online
B) Addenda Acknowledgement— Online Acknowledgement
C) Anti-Kickback Affidavit— Upload Online
D) Non-collusion Affidavit of Bidder— Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
G) Confirmation of Drug Free Workplace- Online Acknowledgement
H) Palm Beach Inspector General - Online Acknowledgement
1) Local Business Certification - Online Form
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J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants— Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits—Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on
the Insurance Advisory Form —Attach and Upload
N) Submit any Supplemental information relative to this ITB—Attach and
Upload
BID SHEET IS A SEPARATE
DOCUMENT WHERE YOU
WILL INPUT PRICES
WITHIN THE SYSTEM
INVITATION TO BID (ITB)
No. WH22-047
FOR
"ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
SECTION 4—GENERAL CONDITIONS
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in
compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any
manner affect the equipment and the services provided to the City. Ignorance on the part of the
bidder will in no way relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS
required to be licensed to do business as an individual, partnership or corporation in the State of
Florida. Place all required bid forms in a sealed envelope that has the company's name and
address, Bidder title, number, Bidder date and time on the outside of the sealed envelope. Bidders
not submitted on appropriate proposal forms may be rejected. All Bidders are subject to the
conditions specified herein. Bidders which do not comply with these conditions are subject to
rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected,
unless addressed in the Special Conditions Section of the bid documents.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents
may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and
specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE
SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms,
or the inclusion of manufacturer's printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
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7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the
items offered on this submittal prior to their delivery, it shall be the responsibility of the successful
bidder to notify the City at once, indicating in a letter the specific regulation which required an
alteration. The City reserves the right to accept any such alterations, including any price
adjustments occasioned thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any
tests for compliance with specifications are public records and open to examination thereto in
accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications
may be rejected and returned at vendor's expense. These items and items not delivered as per
delivery date in the bid and or Purchase Order may result in the bidder being found in default in
which event any and all procurement costs may be charged against the defaulted Contractor. Any
violation of these stipulations may also result in the vendor's name being removed from the City of
Boynton Beach's vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder's responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted
by the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB's;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed
to the Purchasing representative through the Bidding System only by clicking on the "Submit a
Question" button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries
must reference the date by which the ITB is to be received.
14
15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is
awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities
available, provide to other governmental agencies, so requesting, the products or services awarded
in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall
be F.O.B. Destination to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and
standards set forth herein. The City reserves the right to reject any and all bids and to waive
technical errors as set forth herein. In the event of a Court challenge to an award by any bidder,
damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred
by the challenging bidder. In no case will the award be made until all necessary investigations have
been made into the responsibility of the bidder and the City is satisfied that the most responsive,
responsible bidder is qualified to do the work and has the necessary organization, capital and
equipment to carry out the required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not
as specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates
that the seller is responsible for the shipment until it reaches its destination. Any and all freight
charges are to be included in the bid total. The bidder's invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory
warranty, whichever is longer. The warranty will be the same as that offered to the commercial
trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover
parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property,
if space is available; this will be at the sole discretion of the City. Contact Procurement Services for
permission to perform warranty service on City property. Warranty to start at the time of acceptance
by the City; however, in cases where vehicles or equipment are not immediately placed in service,
the bidder will provide a delay of warranty start-up time. The period of warranty delay will be
coordinated by Procurement Services.
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the
equipment/service has been delivered/performed in a satisfactory manner in accordance with the
specifications, the City shall receive the same. Final payment due the bidder shall be withheld until
visual inspection is made by the using department and merits of performance evaluated. This total
acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty
(30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required
to pick up the equipment, accomplish the necessary repairs and return the equipment to the City.
15
Warranty repairs may be accomplished on City property if space is available; this will be at the
discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the
bidder, unless such loss or damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder's risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new(current production model at the time of this bid).All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time
is of importance to the City and the bidder is hereby notified that the date of delivery will be
considered as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and
permits shall be readily available for review by the Purchasing Agent and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that
if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently
found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary
to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall
be borne by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached "Schedule of Subconsultants". The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts
of a similar nature, or who is not in a position to perform properly under this award. The City
reserves all rights in order to make a determination as to the foregoing.
16
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify
the meaning of the Contract documents. Since all addenda are available to the Bidder through the
City's e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder's responsibility
of each bid to have receive all addenda that are issued. Bidders should check online at Boynton-
beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in
the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time
and date and any addenda have been issued, the Bidding System shall withdraw the Bidder's
submission and the submittal status will change to an incomplete status and withdraw the bid
submittal. The Bidder can view this status change in the"MY BIDS" section of the Bidding System.
The Bidder is solely responsible to:
• make any required adjustments to their Bid; and
• acknowledge the addenda; and
• Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the
stated bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder
offers and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the
City of Boynton Beach all rights, title and interest in and to all causes of action it may now or
hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing
relating to the particular commodities or services purchased or acquired by the City of Boynton
Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become
effective at the time the Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by the
Bidder will in no way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES—provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor or consultant under a contract with any public entity,
and my not transact business with any public entity in excess of the threshold amount provided
S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
30. SCRUTINIZED COMPANIES -287.135 and 215.473
By submission of this Bid, Bidder certifies that Bidder is not participating in a boycott of Israel.
Bidder further certifies that Bidder 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.
17
Solicitation responses of$1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form
and shall submit the form with their bid. The City considers the failure of the Bidder to submit
this document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and
shall submit this form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall
complete the Confirmation of Minority-Owned Business Form and shall submit the form with its
Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
"NONCONFORMANCE WITH CONTRACT CONDITIONS".
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further,the selected bidder(s)shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any
action or proceedings brought thereon, and from and against any orders or judgments which may
be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any
claim, suit or action against the City arising directly or indirectly from the operations of the bidder
hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the
provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit
or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and
damages which may be incurred or sustained by the City by reason of the bidder's breach of any
of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its
employees.
37. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the
City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
18
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of public
records
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
MAYLEE DE JESUS (CITY CLERK)
100 E OCEAN AVE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
DEJESUSM(a-)-BBFL.US
38. FUNDING OUT:
The resultant Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission for the City of
Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony
from the contractor and its subcontractors and lower tier subcontractors. The contractor
understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with
the Inspector General when requested, may be deemed by the municipality to be a material breach
of this contract justifying its termination.
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40. LOCAL BUSINESS PREFERENCE:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
"For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business' bid is determined to be within five
percent(5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid."
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the
COBB's intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has
been no violation of copyrights or patent rights in manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any
and all liability, loss or expense occasioned by any such violation.
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
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43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new(current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and
all prices shall include standard commercial packaging.
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard
guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace
the unit without cost to the COBB with the understanding that all replacements shall carry the same
guarantee as the original equipment. The successful bidder shall make any such repairs and/or
replacements immediately upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated
on his or her bid. Each individual sample must be labeled with bidder's name, bid number and item
number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated
may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the
Contract Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Items may be tested for compliance with specifications under the direction of the Florida Department
of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination.
Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be
deducted from invoices. The COBB will note, for the benefit of successful bidder, when packages are
not received in good condition. In the event the material and/or services supplied to the COBB is found
to be defective or does not conform to specifications, the COBB reserves the right to cancel the order
upon written notice to the seller and return the product to seller at the seller's expense.
48. PRODUCT RECALL:
In the event the awarded bidder receives notice that a product delivered to the COBB has been
recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found
to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by
any State or Federal regulatory agency, the awarded bidder shall notify the COBB's Bid Purchasing
21
Agent within two business days of receiving such notice. The COBB's acceptance or failure to reject
the affected product as non-conforming shall not in any way impact, negate, or diminish the awarded
bidder's duty to notify the COBB's Purchasing Agent that the affected product has been recalled, seized
or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for
human consumption. The form and content of such notice to the COBB shall include the name and
description of the affected product; the approximate date the affected product was delivered to the
COBB; the bid number; and relevant information relating to the proper handling of the affected product
and/or proper disposition of the affected product by the COBB, if necessary to protect the health,
welfare, and safety of COBB students or employees; and any health hazards known to the awarded
bidder which may be caused or created by the affected product. The awarded bidder shall, at the option
of the Purchasing Department and/or Purchasing Agent, either reimburse the purchase price or provide
an equivalent replacement product at no additional cost to the COBB. Unless it was absolutely
necessary for the COBB to dispose of the affected product, the awarded bidder shall be responsible
for removal and/or replacement of the affected product within a reasonable time, as determined by the
COBB, without causing significant inconvenience to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace
the affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
22
n
INVITATION TO BID (ITB)
No. WH22-047
FOR
"ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES"
SECTION 5—SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City
shall be liable for only payment for services rendered prior to the effective date of termination.
Services rendered will be interpreted to include costs of items already delivered plus reasonable
costs of supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers' compensation
insurance, professional liability, property damage liability insurance and vehicular liability
insurance; during the time any of his personnel are working on City of Boynton Beach property.
Loss by fire or any other cause shall be the responsibility of the vendor until such time as the
items and/or work has been accepted by the City. The successful Bidder shall furnish the City
with a certificate of insurance after award has been made prior to the start of any work on City
property. Said insured companies must be authorized to do business in the State of Florida and
the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's
Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder
to submit such evidence of qualifications as it may deem necessary, and may consider any
evidence available to it of the financial, technical and other qualifications and abilities of a
Proposer, including past performance(experience)with the City in making the award in the best
interest of the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of
other vendors and shall replace and/or repair any loss or damage unless such has been proven
to have been caused by the City, or other vendors. The City may withhold payment or make
such deductions as it may deem necessary to insure reimbursement for loss or damage to
property through negligence of the successful Bidder or his agent.
23
0
BIDDER'S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLINE
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: Partnership
Address: Individual
CITY, State, Zip: Other
Telephone No.:
Fax No.:
Email Address.:
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
The address of the principal place of business is:
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. President's name:
d. Vice President's name:
e. Secretary's name:
f. Treasurer's name:
g. Name and address of Resident Agent:
3. If Bidder is an individual or a partnership, answer the following:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
a. Date of organization:
b. Name, address and ownership units of all partners:
C. State whether general or limited partnership:
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES F-] NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
11. State the name of the individual who will have personal supervision of the work:
12. State the name and address of attorney, if any, for the business of the Bidder:
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder's business and indicate the percentage owned of each such
business and/or individual:
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work a +b :
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES F-1 NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
22. What will be your turnaround time for written responses to City inquires?
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors' organization(s) were defendants.
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors' organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder's qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)
(Title)
Subscribed and sworn to before me
This day of 12020
Notary Public (Signature)
My Commission Expires:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
0
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
STATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NON COLLUSION AFFIDAVIT OF BIDDER
State of )
County of )
being first duly sworn, deposes and says that:
1) He is of , the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and sworn to before me
This day of , 20
Notary Public (Signature)
My Commission Expires:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, , on behalf of certify
Print Name and Title Company Name
that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant shall have ninety (90) days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
Consultant 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2)Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
COMPANY NAME SIGNATURE
PRINT NAME TITLE
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
"DRAFT"
SUBJECT TO REVISIONS PRIOR TO SIGNING.
PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide
INSERT DESCRIPTION
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A"
Scope of Services attached hereto and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies. No modifications will be made to
the original scope of work without the written approval of the City Manager or his designee.
3. TIME FOR 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 product required pursuant to this Agreement effective TBD.
4. TERM. The initial term of the contract shall be for One (1) year effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in
consultation with the Finance Director may extend the agreement at the same terms, and
conditions, for three (3) one-year renewals (exercised separately) subject to vendor
acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City.
An increase in cost of less than 2% for each extension may be approved by the City
administration and does not require Commission approval.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for
services rendered under this Agreement in accordance with Exhibit "B" Schedule of Prices
attached hereto and incorporated herein by reference, as follows:
a. The total contract price in the amount of PRICE/UNIT for an annual
estimated amount of for a period of years (#), with an option to
renew for (#) one-year terms for a total estimated amount over
the total potential term of the agreement, shall be the total amount of payment to Vendor for
services provided under this Agreement for the entire term of the Agreement.
b. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Vendor shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee.
c. 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.
d. 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.
e. 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.
f. The Vendor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
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6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Vendor in connection with the services rendered under this agreement
shall be the property of the City whether the project for which they are made is executed or not. The
Vendor shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Vendor's endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach,
ordinances and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents
and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorney fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Vendor's own employees, or damage to property occasioned by a negligent act,
omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence
and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property
damage, and professional liability insurance in the amount of $1,000,000 per occurrence to
$2,000.000 aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to
the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded
City employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Vendor, or any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Vendor, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person,
other than a bona fide employee working solely for the Vendor any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age,
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sex or the presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
14. 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory
personnel assigned to the project,the surviving members of the Vendor hereby agree to complete
the work under the terms of this Agreement, if requested to do so by the City. This section shall
not be a bar to renegotiations of this Agreement between surviving members of the Vendor and
the City, if the City so chooses.
16. 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.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Jim Stables, Interim City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Vendor shall be sent to the following address:
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Firm and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both City and Firm.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the
City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor shall:
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A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided
by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and, following completion of the contract, Contractor shall destroy all copies of
such confidential and exempt records remaining in its possession once the Contractor transfers
the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all
public records in Contractor's possession All records stored electronically by Contractor must
be provided to the CITY, upon request from the CITY's custodian of public records, in a format
that is compatible with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
MAYLEE DE JESUS, CITY CLERK
100 E OCEAN AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
DEJESUSM@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of
Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott
Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company referred to above.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false
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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.
21. EXECUTION OF THE AGREEMENT. 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.
DATED this day of 20
CITY OF BOYNTON BEACH
Jim Stables, Interim City Manager Signature of Authorized Official
Printed Name of Authorized Official
Attest/Authenti cated:
Title
(Corporate Seal)
Maylee De Jesus, City Clerk
Approved as to Form: Attest/Authenticated:
Michael Cirullo, City Attorney Secretary
0
City of Boynton Beach
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EXHIBIT A
SCOPE OF SERVICES
The purpose of this bid is to secure pricing for a period of one (1) year for the purchase of brass
supplies to stock in the City's Warehouse to provide availability for various City Departments as
needed to complete tasks, make repairs, and provide services to the City of Boynton Beach.
EXHIBIT B
SCHEDULE OF PRICES
Risk Management Department
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INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder"and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants, lessees,etc., and the limits required by the City: (NOTE: This list is not all inclusive,and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv. Injury $1,000,000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med. Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only, Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $1,000,000.00
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease,Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
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