R24-152 1 RESOLUTION NO. R24-152
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A DEVELOPER'S AGREEMENT BETWEEN THE
5 CITY AND 4298 HYPOLUXO RD., LLC FOR THE CONSTRUCTION OF A 4-INCH
6 FORCE MAIN ON HYPOLUXO ROAD; PROVIDING AN EFFECTIVE DATE;AND
7 FOR ALL OTHER PURPOSES.
8
9 WHEREAS, the City of Boynton Beach Utilities was responsible for the design, permitting,
10 and construction of approximately 45 linear feet of 4-inch force main improvements on Hypoluxo
11 Road to collect wastewater flow from a proposed 6,000 square foot daycare located at 7038
12 Hypoluxo Road. The construction of the 4-inch force main was completed during the City's
13 "Silverwood Force Main" project on Hypoluxo Road; and
14 WHEREAS, 4298 Hypoluxo Rd., LLC ("Developer") is the owner of certain real property
15 containing +/-0.8927 acres in Lake Worth, Florida; and
16 WHEREAS, the Developer proposes to develop the Subject Property as a commercial
17 development known as 4298 Hypoluxo Rd., LLC (the "Project") as depicted on that certain site
18 plan prepared by Kimley-Horn. The Project consists of 6,000 square feet for a daycare that can
19 accommodate 109 children; and
20 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
21 the best interests of the citizens and residents of the City to approve a Developer's Agreement
22 between the City and 4298 Hypoluxo Rd., LLC for the construction of a 4-inch force main on
23 Hypoluxo Road.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption.
29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
30 approve a Developer's Agreement between 4298 Hypoluxo Rd., LLC and the City for the
31 construction of a 4-inch force main on Hypoluxo Road (the "Agreement") in form and substance
32 similar to that attached as "Exhibit A."
33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
34 authorizes the Mayor to execute the Agreement and such other related documents as may be
35 necessary to accomplish the purpose of this Resolution.
36 SECTION 4. One fully-executed original of the Agreement shall be retained by the City
37 Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to
38 Keith Webber for forwarding to the Developer.
39 SECTION 5. This Resolution shall take effect in accordance with law.
40
41 PASSED AND ADOPTED this 16th day of July 2024.
42 CITY OF BOYNTON BEACH, FLORIDA
43 YES NO
44 Mayor—Ty Penserga i
45
46 Vice Mayor—Aimee Kelley
47
48 Commissioner—Angela Cruz
49
50 Commissioner—Woodrow L. Hay
51
52 Commissioner—Thomas Turkin -P
53
54 VOTE lol�
55 ATii
56 i
57 1
58 Maylees, MPA, M Ty P- s- -
59 City Clerk Mayor
60
61 BEACy‘' APPROVED AS TO FORM:
62 (Corporate Seal) %� ;• �E
1 O
65 'Ir
�:• `voARC0 Q'; Shawna G. Lamb
66 ��J�'•� pQ` City Attorney
Return to and prepared by:
City of Boynton Beach
100 E.Ocean Avenue
Boynton Beach, FL 33435
DEVELOPER'S AGREEMENT
4298 Hypoluxo Rd, LLC
7038 Hypoluxo Rd.
Lake Worth, FL 33462
PCN: 00-42-45-12-02-004-0010
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of J u..L 't' ,
2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"City") whose address is 100 E. Ocean Avenue, Florida 33435 and 4298 Hypoluxo Rd, LLC, a
Florida limited liability company ("Developer") whose address is 7196 Montereal Path, Lake
Worth, FL 33463
RECITALS:
A. Developer is the owner of that certain real property containing +/- 0.8927 acre in
Lake Worth, Florida, more particularly shown on Exhibit A (the "Subject
Property").
B. Developer proposes to develop the Subject Property as a commercial development
known as 4298 Hypoluxo Rd, LLC (the "Project") as depicted on that certain site
plan prepared by Kimley-Horn, and shown on Exhibit B. The Project consists of
6,000 square feet for a daycare that can accommodate 109 children.
C. The City and Developer desire to set forth the following special terms and
conditions with respect to the development of the Project and reimbursement for
certain improvements as provided for herein.
NOW, THEREFORE, for and in consideration of the above premises, the promises and
provisions contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Developer and the City agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein as
material provisions of this Agreement.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
1
3. Obligations and Commitments.
(a) Construction of Force Main Improvements. The City was responsible for
the design, permitting and construction of approximately 45 L.F. of 4-inch force main
improvements on Hypoluxo Rd,as shown on Exhibit"B". The Developer shall reimburse the City
for the total cost of the Force Main Improvements construction in the amount of$18,966.34, as
shown in further detail in Exhibit "C"
(b) Reimbursement. On or before sixty(60)days after the Effective Date of this
Agreement, the Developer shall make payment to the City in the amount of$18,966.34 for the
construction of the Force Main Improvements. If payment is not timely made,Developer shall pay
interest at the rate established pursuant to section 55.03, Florida Statutes, from the payment due
date through the date of actual payment by Developer.
4. Time Period. This Agreement shall terminate on the date on which full
reimbursement payment has been indefeasibly paid in full by Developer. Any provision of this
Agreement that imposes a maintenance obligation for Developer and its successors after expiration
of this Agreement shall survive the expiration of this Agreement.
5. Binding Effect and Successors. This Agreement shall run with the Subject
Property and the rights and the obligations under this Agreement shall benefit, burden, and bind
the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment
of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the
Developer shall be and remain liable for performance of the obligations under this Agreement until
such time as a written release is obtained from the City, in the City's sole discretion; provided,
however, in the event all obligations under this Agreement have been completed, no such release
shall be required. Excluding the City and any homeowner who is conveyed a lot within the Project
after a certificate of occupancy is issued for a dwelling unit on such lot, Developer and all
transferees, transferor, grantees, grantors, assignees and assignors relating to the Subject Property
are jointly and severally liable for the Developer's obligations under this Agreement. The rights
granted to Developer under this Agreement relate specifically to the Subject Property and are not
permitted to be transferred to any other property.
6. Validity. If any portion of this Agreement is finally determined by a court of
competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the
Agreement shall continue in full force and effect.
7. Notices. Any notices required or permitted under this Agreement, and copies
thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or
at such other addresses designated in writing by the party to receive notice.
Notices shall be either: (i) personally delivered (including delivery by Federal Express or
other overnight courier service) to the addresses set forth above, in which case they shall be
deemed delivered on the date of delivery; or(ii) sent by certified mail, return receipt requested, in
which case they shall be deemed delivered on the date shown on the receipt unless delivery is
refused or intentionally delayed by the addressee, in which event they shall be deemed delivered
on the date of deposit in the U.S. Mail.
2
8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from
this Agreement, each party shall bear their own respective attorneys' fees and costs.
9. Entire Agreement. This Agreement embodies the entire understanding of the
parties with respect to the matters specifically enumerated herein, and all negotiations,
representations, warranties and agreements made between the parties are merged herein. The
making, execution and delivery of this Agreement by all parties have been induced by no
representations, statements, warranties or agreements that are not expressed herein. There are no
further or other agreements or understandings, written or oral, in effect between or among the
parties related to the subject matter hereof.
10. Interpretation. None of the parties shall be considered the drafter of all or any
portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it
being recognized that all parties have contributed substantially and materially to the preparation
of this Agreement.
11. Local Development Approvals and Permits. Notwithstanding anything herein to
the contrary, all development of the Project shall be in compliance with all applicable federal,
state, county and municipal laws and ordinances, rules and regulations (including, but not limited
to, the City's land development regulations, zoning requirements and comprehensive plan). Unless
expressly authorized or granted herein, nothing in this Agreement shall constitute or be deemed to
constitute or require the City to issue any approval by the City of any rezoning, Comprehensive
Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final
subdivision plan, building permit, grading, stormwater drainage, engineering, or any other land
use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate
from or otherwise adversely affect any such approvals, permissions or rights. These and any other
required City development approvals and permits shall be processed and issued by the City in
accordance with procedures with respect to same as otherwise set forth in the City's Code of
Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall
constitute or be deemed to constitute a limitation, restriction or any other type of waiver of
Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special
exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or
development approval.
12. Authority. Each party represents and warrants to the other parties that it has all
necessary power and authority to enter into and consummate the terms and conditions of this
Agreement, that all acts, approvals, procedures, and similar matters required in order to authorize
this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the
execution of this Agreement by all parties, this Agreement shall be valid and binding upon the
parties hereto and their successors in interest and assigns.
13. Effective Date. This Agreement shall become effective upon execution by all
parties (the "Effective Date").
14. Amendment. This Agreement may be amended, modified or cancelled by mutual
consent of the parties hereto as represented by a written document executed by the City and the
Developer.
3
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Exclusive venue in any action to construe or
enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County,
Florida.
16. Recording. Within fourteen (14)days after the execution of this Agreement by the
parties, the City shall record this Agreement with the cost thereof to be borne by the Developer.
Upon payment in full in accordance with Section 3(b) above, the City shall cause a release or
satisfaction of the monetary obligation to be recorded.
17. Non-Waiver of Sovereign Immunity. Nothing contained in this Agreement nor in
any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver
or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the
State of Florida.
18. Informed Execution. This Agreement is entered into voluntarily by the Developer
without duress and after full review, evaluation and consideration by the Developer. Developer is
represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for
review of this Agreement.
19. Time is of the Essence. Time is hereby declared to be of the essence in the
performance of the duties and obligations of the respective parties to this Agreement.
20. Captions. The captions or paragraph headings of this Agreement are provided for
convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation,
or meaning of this Agreement.
21. Independent Parties. City and Developer are not partners and this Agreement is
not a joint venture and nothing in this Agreement shall be construed to authorize the Developer to
represent or bind the City to matters not expressly authorized or provided in this Agreement.
[SIGNATURE PAGES FOLLOW]
4
CITY:
CITY OF BOYNTON BEACH
ATTES A A ao By: arlir
_ Name: y Q go-
By: kAMI ,. • •• - Title: Kay
Name: • 7�-�Su
Title: (``�i,�-,.S / , k-
APPROVED AS TO FORM AND LEGALITY
For the uses and reliance of the City of Boynton
,?EACH 1`.‘tBeach, Flori la o ly
ff,o . ;, o •. 11
''
74Q . al
$0 :. 4Cp$
By: ,
1(331.:?) c, � fr ( :p
ev, Na e: CeA/ (A/QI
111 % .z- Title: --
efiR12-1j,
1`%�/0 - Dated: ll " 1
5
DEVELOPER:
4298 Hypoluxo Rd, LLC, a Florida limited
liability company
40444/ .4104
vv C I R. R
Print Name: Mo,h-k G't%rat By: L-..��
Witness Its: P rpt Abp.
Print Name: Eo(1 C oglockrlc ry
Witness
STATE OF B
COUNTY OF Keats
The foregoing instrument was executed, sworn to and acknowledged before me by means
of CQ physical presence or ❑ online notarization, this t-\. \ , 2024, by
-& -
Hout. A--u2 as +,. ..,v.\(}e.r- , of 4298 Hypoluxo Rd, LLC, a Florida
limited liability company. She/he (check one) E is personally known to me, or ❑ has
produced a valid driver's license as identification.
Notary Public, State and County Aforesaid
Name: Sophia 11 . Ri«;
My Commission Expires: 0? - 0 2 - 20 2 to
My Commission Number is: D 1 R 11031 1 S 1D l
SOPHIA MARIA RICCI
NOTARY PUBLIC-STATE OF NEW YORK
01R16377561
Qualified In Kings County
My Commission Expires 07-02-2021s
6
EXHIBIT A
Subject Property—Site Aerial Plan
7
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NTPOLLIKO MAO
I a MORN RIOT OF WAY L u
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PRONALT
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:DUM RIGHT OF WA, LI'1C Q -
v9K NO �. �' '� PBC.BIGHT OF War .
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SCALE AS SHOWN
DESIGNED BY MB
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DRAWN BY 1,48 SITE AERIAL ,N EX-1
2024 No/LEO-HORN AND ASCIYIAIES WC. NORTH
CHECKED BY GB 1201 PETERS ROAD,SUIT 2200,PLANTATION,0*33324 PROJECT NO.
9 E X H I B I T
00NC:954-535-5100 FAX 954-739-2217
WA'.WAIT-ROAN.COM REGISTRY No.35106 143615000
EXHIBIT B
4-inch Force Main Plan
8
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CITY OF 90YMTOW BEACH
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' -wpm f� f OfR9Z' ,,,, :fof.a BR.VERNI000 7FJt FORCE MAIN
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AREA NNSTENYI °" u.woa..,
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FM PLAN AND PROFILE
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`fT"` •• °"`"^�' _'"�"�" i._ .. ��� STA 21.458 TO STA 3392 n „
1 aM i I < 5 e A I I 10 - --_-_ -
EXHIBIT C
Final Construction Cost of Force Main Improvements
10
Boynton Beach Silverwood FM AW 06 - Addt'I 4in HDPE Service Lateral at Sta. 30+1.
Summary SOUTHERN
UNDERGROUND
INDUSTRIES
AW 06 - Addt'l 4in HDPE Service Lateral at Sta. 30+14
SUI Labor& Equipment $3,795.39
Materials $6,200.94
Subcontract $8,970.00
General Overhead due to Critical Path Delay $0.00
Crew Additional Work, Cost Presentation $18,966.34
Total $18,966.34
AW 06-Addt'I 4in HDPE Service Lateral at Sta.30+14 li212024
3,795.39
Crew Hours 10.0 Hrs. SUI Labor&Equipment-Daily Equipment Cost
Labor Qty. Hrly Tot. Sub. Equipment Qty. Idle Own Hrly Tot. Sub.
Rate Hrs Idle Use/FOG Rate Hrs
Reg.-(Mon-Fri) _
Working Super 1 65.00 10.0 650.00 Office 1 17.05 0.00 $17.05 10.0 170.45
Project Manager 1 65.00 2.0 130.00 Pick-up 1 6.25 19.80 $26.05 12.0 312.60
Working Foreman 55.00 0.00 Cat 390DL,Backhoe 161.96 144.05 $306.01 0.0 0.00
Operator 1 38.00 10.0 380.00 Cat 375,Backhoe 131.36 128.50 $259.86 0.0 0.00
Pipe Layer 32.50 0.00 Cat 365,Backhoe 152.13 127.25 $279.38 0.0 0.00
Laborer 26.25 0.00 Cat 345,Backhoe 90.23 87.15 $177.38 0.0 0.00
0.00 Cat 330,Backhoe 58.78 53.90 $112.68 0.0 0.00
Cat 325,Backhoe 58.38 51.05 $109.43 0.0 0.00
Subtotal 1,160.00 Cat 322,Backhoe 41.51 42.20 $83.71 0.0 0.00
Cat 321 Backhoe 51.48 41.85 $93.33 0.0 0.00
Cat 312,Backhoe 35.91 28.60 $64.51 0.0 0.00
Overtime Cat 308,Backhoe 29.38 20.95 $50.33 0.0 0.00
Working Super 0 97.50 0.0 0.00 Cat 235,Backhoe 110.03 88.80 $198.83 0.0 0.00
Working Foreman 0 82.50 0,0 0.00 Deere 245 Backhoe 57.53 50.50 $108.03 0.0 0.00,
Operator 0 57.00 0.0 0.00 Takeuchi,TB016 Backhoe 5.65 5.35 $11.00 0.0 0.00
Pipe Layer 0 48.75 0.0 0.00 Kam PC35,Backhoe 1 10.85 8.40 $19.25 10.0 192.52
Skilled Labor 0 39.38 0.0 0.00 Cat 446,Ldr/BH 36.90 31.90 $68.80 0.0 0.00
Unskilled Labor 0 0.00_ 0.0 0.00 Cat 420,Ldr/BH 16.39 15.75 $32.14 0.0 0.00
Cat 966,Loader 53.13 49.25 $102.38 0.0 0.00
Subtotal 0.00 Cat 950,Loader 32.19 32.20 $64.39 0.0 0.00
Cat 938,Loader 29.40 29.15 $58.55 0.0 0.00
Cal 936,Loader 25.88 33.10 $58.98 0.0 0.00
Cat 928,Loader 25.68 25.60 $51.28 0.0 0.00
Cat 926,Loader 1 23.18 23.05 $46.23 10.0 462.32
Cat 262B,Skid Ldr 20.60 17.95 $38.55 0.0 0.00
Bobcat,Skid Ldr 18.95 14.60 $33.55 0.0 0.00
Cat 12G,Grader 45.37 32.75 $78.12 0.0 0.00
Cat 12G,Grader 45.37 32.75 $78.12 0.0 0.00
Dump Truck 25.85 44.40 $70.25 0.0 0.00
Flatbed Truck 8.95 15.30 $24.25 0.0 0.00
Boom Truck 7.36 19.15 $26.51 0.0 0.00
Grove RT745 Crane 46.45 68.90 $115.35 0.0 0.00
Tractor 23.04 39.70 $62.74 0.0 0.00
Lowboy Trailer 17.90 10.60 $28.50 0.0 0.00
Asphalt Zipper AZ500 129.89 123.20 $253.09 0.0 0.00
Cat PM200 Miller 205.26 224,40 $429.66 0.0 0.00
Bomag MPH454R Asp Mill 137.73 98.90 $236.63 0.0 0.00
LEE-Boy AspPaver 49.57 28.00 $77.57 0.0 0.00
Cat TL943 Shoot Boom Fork 28.47 22.15 $50.62 0.0 0.00
Street Broom 12.27 16.25 $28.52 0.0 0.00
Cat CB-224 Roller 14,12 9.45 $23.57 0.0 0.00
Cat CS-535 Roller 31.73 34.00 $65.73 0.0 0.00
Dynapac Roll-Sgl CA251D 24.03 28.05 $52.08 0.0 0.00
Dynapac Roll-Dbl CC21 II 40.03 23.05 $63.08 0.0 0.00
Wacker Plate Compact 25" 6.11 5.75 $11.86 0.0 0.00
Supertrack S-312 35.17 13.90 $49.07 0.0 0.00
Sullair 185 Air Cmp 4.20 15.20 $19.40 0.0 0.00
3"Pump 4.35 8.50 $12.85 0.0 0.00
4"Pump 6.68 5.00 $11.68 0.0 0.00
6"Pump 14.94 15.35 $30.29 0.0 0.00
8'Pump 13.72 5.05 $18.77 0.0 0.00
12"Pump 19.15 21.05 $40.20 0.0 0.00
12"Wellpoint Pump 45.35 27.10 $72.45 0.0 0.00
Well Point Header,200 LF 10.00 6.75 $16.75 0.0 0.00
Tack Trailer 4.72 2.45 $7.17 0.0 0.00
Light Towers 5.88 4.20 $10.08 0.0 0.00
Arrow Board 1 3.07 2.40 $5.47 10.0 54.68
Message Board 1 8.10 3.30 $11.40 10.0 113.97
Cut-off Saw 1.28 1.25 $2.53 0.0 0.00
Small Tools 1 3.00 1.50 $4.50 10.0 45.00
Trash Pump 4" 8.52 1.19 $9.72 0.0 0.00
Trash Pump 6" 24.49 3.43 $27.92 0.0 0.00
Trash Pump 10" 31.88 4.46 $36.34 0.0 0.00
Cut Off Saw 16" 7.10 0.99 $8.10 0.0 0.00
Equip Subtotal 1,351.54
Labor Subtotal 1,160.00
15% OH&P 202.73
68% Burden 788.80
Equip Total 1,554.27
Labor Subtotal 1,948.80
15% OH&P 292.32
Labor Total 2,241,12
Total Labor&Equipment 3,795.39
2.50% Ins.&Bond 0.00
I ahnr R Fnuinment Tntal 1 705 10
Boynton Beach 24" RWM Extension AW 06 - Addt'l 4in HDPE Service Lateral at Sta. 30+1.
Materials
SOUTHERN
UNDERGROUND
INDUSTRIES
AW 06 - Addt'I 4in HDPE Service Lateral at Sta. 30+14
Description Quantity Unit Unit Price Total
Isco 4" HDPE 80 FT 3.61 288.80
4" HDPE Adaptes 2 EA 67.38 134.76
4" Accy Set 2 EA 66.00 132.00
Ferguson 8x4 P401 MJ Tee 1 EA 673.00 673.00
4" MJ GV 1 EA 1,047.00 1,047.00
Valve Box w/Lid 1 EA 185.00 185.00
4" MJ Cap 1 EA 36.55 36.55
4" Megalug w/Accy 6 EA 55.81 334.86
8" Megalug w/Accy 2 EA 90.00 180.00
4" MJ Sleeve 1 EA 329.60 329.60
4" P401 DIP 20 LF 84.89 1,697.80
Subtotal 5,039.37
7% Sales Tax 352.76
Subtotal 5,392.13
15% OH&P 808.82
Subtotal 6,200.94
2.5% Insurance & Bond -
Total 6,200.94
AW 06 -Addt'I 4in HDPE Service Lateral at Sta. 30+14 Subcontractors Printed 1/2/2024
AW 06 - Addt'l 4in HDPE Service Lateral at Sta. 30+14
Subcontractor
Vendor:
Description Quantity Unit Unit Price Subtotal
Centerline Directional Drilling Install 4" HDPE via HDD 1 LS 6,000.00 6,000.00
A&M Utility Locating Services GPR Services 1 LS 1,800.00 1,800.00
Subtotal 7.800.00
15.0% OH&P 1,170.00
Subtotal 8,970.00
2.5% Insurance & Bond -
Total 8,970.00