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R25-204 RESOLUTION NO. R25-204 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-020RB FOR PRE-CHLORINATED PIPE BURSTING OF PORTABLE WATER MAINS TO 4 MURPHY PIPELINE CONTRACTORS, LLC, AS THE PRIMARY 5 CONTRACTOR AND KILLEBREW, INC., AS THE SECONDARY 6 CONTRACTOR, AND APPROVING AN AGREEMENT WITH EACH 7 AWARDED CONTRACTOR, FOR A BUDGETED AMOUNT OF 8 $2,000,000.00 YEARLY FOR THE SERVICES; AND FOR ALL OTHER �) PURPOSES. I() 11 WHEREAS, on April 21, 2025, the Procurement Division, in coordination with the Utilities 12 Department, issued Invitation to Bid No. 25-020RB for Pre-Chlorinated Pipe Bursting of Potable 13 Water Mains. The solicitation was publicly advertised, and upon closing on May 23, 2025, 14 Procurement Services received and tabulated four (4) responsive bid submittals. Following a Is comprehensive review conducted by the Procurement Division and the Director of the Field 16 Operations Division, it was determined that awarding the contract on a primary and secondary 17 basis would best serve the City's operational needs; and Is WHEREAS, as a result, Murphy Pipeline Contractors, LLC, is recommended for award as 19 the primary Contractor, and Killebrew, Inc., is recommended as the secondary Contractor for this 20 term contract; and 21 WHEREAS, the City seeks a maximum of two qualified contractors who have 22 demonstrated specific experience in pre-chlorinated pipe bursting of utility system water mains. 23 The work will be performed on an "as needed" basis. The City intends to issue individual task 24 orders or purchase orders for each project to establish clear controls and oversight under this 25 contract; and 26 WHEREAS, the initial term of the Agreements shall be for three (3) years, with two (2) 27 additional one-year renewal options, exercised at the City's discretion. The total estimated cost 38 for the services over the potential five-year term is $10,000,000.00, with an anticipated annual 2) expenditure of $2,000,000.00, subject to budget appropriations and operational needs; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to award Invitation to Bid No. 25-020RB for Pre- 32 Chlorinated Pipe Bursting of Portable Water Mains to Murphy Pipeline Contractors, LLC, as the 33 primary Contractor and Killebrew, Inc., as the secondary Contractor, and approve an Agreement 34 with each awarded Contractor, for a budgeted amount of $2,000,000.00 yearly for the services. RESOLUTION NO. R25-204 h NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 37 BEACH, FLORIDA, THAT: 3R SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption. 40 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 41 award ITB No. 25-02ORB for Pre-Chlorinated Pipe Bursting of Portable Water Mains to Murphy 42 Pipeline Contractors, LLC, as the primary Contractor and Killebrew, Inc., as the secondary 43 Contractor. 44 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve an Agreement between Murphy Pipeline Contractors, LLC, and the City for ITB No. 25- 46 02ORB for Pre-Chlorinated Pipe Bursting of Portable Water Mains, in form and substance similar 47 to that attached as Exhibit A. 48 SECTION 4. The City Commission of the City of Boynton Beach, Florida, does hereby 49 approve an Agreement between Killebrew, Inc., and the City for ITB No. 25-02ORB for Pre- 50 Chlorinated Pipe Bursting of Portable Water Mains, in form and substance similar to that attached 51 as Exhibit B. 52 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby 53 authorizes the Mayor to execute the Agreements. The Mayor is further authorized to execute any 54 ancillary documents required under the Agreements or necessary to accomplish the purposes of 55 the Agreements, including any term extensions as provided in the Agreement, provided such 56 documents do not modify the financial terms or material terms. 57 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby 58 authorizes the City Manager to execute any Task Orders in accordance with the City's procurement 59 policy thresholds. 60 SECTION 7. The City Clerk shall retain the fully executed Agreements as a public record 61 of the City. A copy of the fully executed Agreements shall be provided to Tremaine Johnson to 62 forward to the awarded Contractors. 63 SECTION 8. This Resolution shall take effect in accordance with the law. 64 65 RESOLUTION NO. R25-204 66 PASSED AND ADOPTED this day of -A u..c — 2025. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YESNO 69 Mayor- Rebecca Shelton f 70 71 Vice Mayor-Woodrow L. Hay l/- 72 73 Commissioner-Angela Cruz `.--- 74 75 Commissioner-Thomas Turkin 76 77 Commissioner-Aimee Kelley 78 79 VOTE 1D 80 ATT 81 Oa , /82 A- - . 0. / 83 Maylee D• J-. s, MPA, C Rebecca Shelton 84 City Clerk Mayor 85 86 ;'OF BOYryt\ APPROVED AS TO FORM: 87 (Corporate Seal) ;/J: CO ''��•�•o,Q••O'L lii RP 88 89 $ ;/NOORpOR`L 1I K.ei4gine 90 ►►►1 1920 TF°: I Shawna G. Lamb 91 't #(5.„'•. ....•'• City Attorney " , RIDA _- Exhibit A Agreement between Murphy Pipeline Contractors, LLC, and the City for ITB No. 25- 02ORB for Pre-Chlorinated Pipe Bursting of Portable Water Mains AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MURPHY PIPELINE CONTRACTORS, LLC FOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS This Construction Contract (the "Agreement") is entered into by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "City," and Murphy Pipeline Contractors, LLC, a Florida limited liability company, authorized to do business in the State of Florida, with a business address of 510 Shotgun Road, Ste 150, Sunrise, FL 33326, hereinafter referred to as the "Contractor," (each a "Party" and collectively the "Parties"). WHEREAS, the City of Boynton Beach Utilities Department requires pre-chlorinated pipe bursting of utility system water mains; and WHEREAS, on April 21, 2025, the Purchasing Division issued ITB No. 25-02ORB Pre- Chlorinated Pipe Bursting of Potable Water Mains (the "ITB"); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated May 23, 2025 (the "Bid"); and WHEREAS, the City has selected the Contractor(s) to perform construction services on an as-needed basis; and, WHEREAS, at its meeting of August 5, 2025, by Resolution No. Ras-aoy , the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. PRIMARY CONTRACTOR DESIGNATION AND DUAL CONTRACT ACKNOWLEDGEMENT Contractor is hereby designated as the primary contractor for the goods and/or Services described under this Agreement. As Primary Contractor, Contractor shall: a) Have the exclusive right and obligation to perform all services specified in this Agreement during the contract term; b) Maintain first priority for all work assignments and service calls within the designated scope; c) Be the City's primary point of contact for all matters relating to the contracted services; d) Maintain full operational capacity and staffing to meet all service requirements; 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 1 e)Acknowledge that the City has entered into a Secondary Contractor Agreement with Killebrew, Inc- for backup services, which shall be activated only upon Primary Contractor's inability to perform, material breach, or other circumstances specified herein. The parties acknowledge that the City has entered into separate agreements for the same services with both a Primary Contractor and a Secondary/Backup Contractor. This dual- contracting approach is intended to ensure continuous service delivery. Contractor acknowledges the existence of the secondary contractor agreement and understands that no exclusive dealing arrangement exists except as specifically provided regarding the Primary Contractor's initial service rights. The City may activate the Secondary Contractor to assume service responsibilities under the following circumstances: (a) material breach of this Agreement by Primary Contractor; (b) Primary Contractor's inability to maintain required service levels; (c) force majeure events affecting Primary Contractor's performance; (d) emergency situations requiring immediate additional capacity; or (e) Primary Contractor's failure to cure deficiencies within fourteen (14) days of written notice. Upon activation of the Secondary Contractor, Primary Contractor's service obligations shall be suspended or terminated as specified in the activation notice. SCOPE OF SERVICES/WORK. The Contractor agrees to perform the services required for the Pre-Chlorinated Pipe Bursting of Potable Water Mains on an as-needed basis by way of individual Purchase Orders and Task Orders. If work is ordered by Task Order, the Parties shall complete a Task Order in substantially the form attached hereto as Exhibit A, which shall describe the specific scope of work, identify the location, compensation, any applicable special terms or conditions, and the project schedule and shall be signed by the City and Contractor. Any Task Order over the then-current procurement policy threshold shall require approval of the City Commission. Time shall be of the essence for each Task Order. The terms and conditions of ITB No. 25-02ORB and the Contractor's proposal are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, ITB No. 25-02ORB, and Contractor's proposal, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) ITB No. 25-02ORB, and (3) Contractor's proposal. No minimum amount of services is guaranteed under this Agreement. Article 2. CONSULTANT. Shall mean the City of Boynton Beach, who may provide specialized services as specified in the Task Order and will assume the duties, responsibilities. rights; and authority assigned to the Consultant in connection with the Contract Documents and the specific requirements set forth in each Task Order. The City's role and scope of services may vary by project as defined in the individual Task Order, except that any design work related to pipe bursting services or similar trenchless technology installations shall be excluded from this agreement and must be procured through a separate formal solicitation process. Article 3. TERM. The initial Agreement period shall be for an initial term of three (3) years, commencing on August 6, 2025, and shall remain in effect through August 5, 2028, unless otherwise terminated in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term or any 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 2 renewal term, this Agreement shall automatically renew for up to two (2) additional one-year terms (each a "Renewal Term") unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew of the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the "Term". Article 4. CONTRACT TIME, TERMINATION, LIQUIDATED DAMAGES 4.1 Contract Time. Work under this Agreement shall commence upon the giving of written notice by the City to the Contractor to proceed an issuance of Task Order or Purchase Order. Contractor shall perform all services and provide all work product required pursuant to this Agreement. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the Contractor to the City's Purchasing Department in order to provide the City with continuing service At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. Article 5. TERMINATION, LIQUIDATED DAMAGES. 5.1 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Provisions for Construction. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits. arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed. Those Agreement provisions that, by their nature, survive final payment shall remain in full force and effect. 5.2 Termination for Cause. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions. conditions, or requirements herein contained or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty (30) days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City's costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City's costs to finish the Work, the City shall retain the excess. If the City's costs exceed the unpaid balance, the Contractor shall 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 3 pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. If the Contractor's Surety is directed or agrees to complete the Work. all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents. this Agreement. and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City's convenience. 5.3 Contractor Obligations Upon Termination Upon receipt of written notice from City of termination, Contractor shall: (i) cease operations as directed by City in the notice; (ii) take actions necessary, or that City may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 5.4 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor's performance of this Agreement and that the City will suffer financial loss if the Work is not completed within the times specified Task Order and Notice to Proceed, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor shall pay the City liquidated damages per calendar day for each day or part of a day after the scheduled Substantial Completion date until the Work is substantially complete. The dates for Substantial Completion and Final Completion, as well as the amount of liquidated damages, shall be specified in the applicable Task Order and/or the Notice to Proceed. If the Contractor fails to complete the remaining Work within the time specified for Final Completion or any extension granted by the City. the Contractor shall pay liquidated damages per calendar day for each day or part of a day that Final Completion is not achieved, as set forth in the Task Order. (the "Liquidated Damages"). 25.020RB Pre-Chlonnated Pipe Bursting of Potaoie Water Mars 4 The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the Contractor shall pay the difference to the City. This obligation for payment shall survive the expiration or termination of this Agreement and final payment. The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor's default and continuation of the Work by City or Surety. The Parties agree that the amounts established are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor's failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties' desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion, or both, on time. These Liquidated Damages shall apply separately to each portion of the Project for which a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 15. Article 6. CONTRACT PRICE. The Contractor shall be paid by the City for completed work and under each task order that is completed in accordance with the task orders at the hourly rates attached as Exhibit B, or the lump sum or unit prices presented by the Contractor and accepted by the CITY. Contingency Funds. All contingency sums are the City's contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City's funds. The City may approve the use of contingency funds only to defray expenses due to unforeseen conditions. extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor's bid amount, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. Contingency. City and Contractor agree that the Project budget shall include City's contingency, which shall be utilized as outlined above. The Contingency shall be 10% of the total project cost to account for any unforeseen conditions only approved by the City Manager. 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 5 Article 7. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 7.1 Progress Payments. A The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month_ All progress payments will be based on the progress of Work measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and, in the case of Unit Price Work, based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine. or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. Contractor shall submit with each Application for Payment, an updated progress schedule acceptable to the City and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the City for approval. The City shall pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor's Application for Payment and submission of an acceptable updated progress schedule. 7.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: a. Defective Work or material is not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. c. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. d. Damage to the City or another Contractor that remains unresolved. e. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. f. Reasonable evidence that the Work cannot be completed within the schedule. g. Repeated failures to carry out the Work in accordance with the Contract Documents. h. The Contractor is in default of any condition of this Agreement. i. The Contractor fails to submit information required by this Agreement. j. Lapse of Contractor's insurance coverage. k. Claims filed or reasonable evidence indicating public filing of claims by the City or third parties against the Contractor. I. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. m. Failure of Contractor to provide any document(s) required by the Contract Documents. 25-020R8 Pre-Chlornated Pipe Bursting of Potable Water Mains 6 When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, Surety Bond, or consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 7.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent (100%) of the Work) has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent (150%) of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage, the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 5 above. 7.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final payment shall be forfeited. The City shall provide written notice to the Contractor at least sixty (60) days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 7.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 7 7.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. Article 8. BONDS. The Contractor shall provide bonds in accordancc with Article 5 of the General Conditions. 8.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor's performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: "The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. The Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary." 8.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by, or acceptable to, the City, instead of the Public Construction Bond. 8.3 Recording of Bond Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05. Fla. Stat. 8.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. 25-020RB Pre-Chionnateo Pipe Bursting of Potable Water Mains 8 (2) The Surety Company shall have a valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 9. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the "Warranty Period"), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work. materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse. alterations to the Work not executed by or under the Contractor. improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 10. CHANGE ORDER. Except as otherwise provided in the General Conditions. this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 11. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. Execution of this Agreement by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 9 review of information furnished by the City to be an adequate investigation. The Contractor represents that the plans and specifications are consistent, practical feasible, and constructible within the scheduled construction time. The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 12. CONTRACT DOCUMENTS. The term "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which, taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached_ 10.1 Contract 10.2 Insurance Advisory 10.3 General Conditions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers / Bidders 10.6 Contractor's Bid (including the Bid, Schedule(s), Submission Requirements of Proposer/ Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 City Construction Standards and Details (available online at: PW Engineering: https://www.boynton-beach.org/760/Engineering-Standards-Manual and Utilities Engineering: https://www.boynton-beach.org/691/Utilities-Engineering-Division) 10.9 Attachment "A" —Technical Specifications / Special Conditions 10.10 Contractor's Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict, the more specific or more recent document shall control, generally in the order provided above Article 13. NOTICE All notices required in this Agreement shall be sent by certified mail. return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mans 10 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If sent to the Contractor, it shall be mailed to Richard 6'roW n . , - c i .rsr5,u-C '-/D ch t gun 6 ., i e /50 unrrsc F 33-326, Article 14. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents ("Indemnified Parties"), from and against any and all claims, obligations, liability. expenses, losses, and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii) arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor's indemnification shall be limited to one and one-half(1 1/2) times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties' own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Ha. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 15. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also reimburse the City for all expenses of consulting and inspection incurred by the City during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the City will be charged to the Contractor and deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 11 Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. Article 16. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service; b. Upon rcqucst 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, the Contractor shall transfer to the City all public records in the Contractor's possession at no cost to the City. All records stored electronically by the Contractor must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the City's information technology systems. e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk(atbbfl.US Article 17. E-VERIFY. The Contractor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees Failure to comply with Section 448.095, Fla. Stat., shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for the Contractor's 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 12 violation of the statute, the Contractor may not be awarded a public contract for one (1) year after the termination date. Article 18. REPRESENTATIONS OF CONTRACTOR. 18.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that cxccution of this Agreement is within the Contractor's legal powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 18.2 Duly Licensed. The Contractor represents that it is duly licensed to perform the services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 18.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect. It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 18.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 18.5 Non-Collusion. In accordance with Section 838.22, Fla Stat., the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 18.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status. marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 18.7 Entities of Foreign Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual's personal identifying information 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mans 13 under this Agreement. The Contractor represents and certifies: (i) the Contractor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in the Contractor; and (iii) the Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, the Contractor and any subcontractor that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Fla. Stat. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of payment. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Fla. Stat. 18.8 Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 18.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Fla. Stat., and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 18.10 Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Contractor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Fla. Stat., and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 18.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. 18.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 18.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, applicable environmental laws, and any other 25-020RB Pre-Chlonnated Pipe Bursting of Potable Water Mains 14 applicable rules, regulations, and permits. The Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel throughout the term of this Agreement. Upon request, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 18.14 Contingency Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 18.15 Truth-In-Negotiation Representation. The Contractor's compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor's compensation may be reduced by the City to correct any inaccurate, incomplete, or noncurrent information provided to the City as the basis for the Contractor's compensation in this Agreement. Article 19. LIENS. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, the Contractor agrees to keep the project, the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City's costs and reasonable attorneys' fees incurred. Article 20. IRON AND STEEL PRODUCTS. If this Agreement is for a "public works project" as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 21. INSURANCE. During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City's Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 15 Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 22. DEFAULT OF CONTRACT & REMEDIES. 22.1 Correction of Work. If in the judgment of the City, Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the Work to bring the Work into conformance without additional cost to City, and/or replace any personnel who fail to perform per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 22.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 22.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 22.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement, or neglect or refusal to comply with the instructions of the City's designee. 22.2.3 The failure by Contractor to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by Contractor, where such failure shall continue for seven (7) calendar days after written notice thereof by City to Contractor; provided, however, that if the nature of Contractor's default is such that more than seven (7) calendar days are reasonably required for its cure, then Contractor shall not be deemed to be in default if Contractor commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 22.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by Contractor or any other party in a manner not expressly permitted hereunder. 22.2.5 The making by the Contractor of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Contractor of a petition to have Contractor adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where possession is not restored to Contractor within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 22.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 16 direct the Contractor to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within thirty (30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3 3 of the Agreement. The Surety on the Performance Bond shall, within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity, oras otherwise described in the General Conditions. Article 23. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or Section 768.28, Fla. Stat. Article 24. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature. epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively. "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. Article 25. MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm's length and is agreed to by the Parties Each requirement, duty, and obligation outlined in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. Article 26. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 17 or otherwise deducting federal income tax or Social Security, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 27. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and shall not be used by the Contractor for any other purpose without written authorization by the City. This prohibition shall survive the completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City's prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7) days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 28. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees. expenses, and court costs through trial and appeal. Article 29. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 30. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment Article 31. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. 25-C20RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 18 Article 32. THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. Article 33. GOVERNING LAW; JURISDICTION; VENUE; LITIGATION. 33.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. 33.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 33.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Article 34. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITB; and (3) the Bid. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 19 Article 35. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. Article 36. PRIOR AGREEMENTS, AMENDMENTS, ENTIRE AGREEMENT. This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment duly executed by the authorized representatives of the City and Contractor. Article 37. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Article 38. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent of the City, which may be withheld, conditioned, or delayed at the City's sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor's Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not been fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 39. NO WAIVER. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 40. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement_ 25-020R8 Pre-Chlorinated Pipe Bursting of Pctable Wate•Mains 20 Article 41. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement (the"Effective Date"). The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 25.020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 21 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH, FLORIDA CONTRACTOR NAME Rbecca Shelton, Mayor (Si• -), Murphy Pipeline Contractors, LLC -j - Si t36 Morins. --ottegen Date Print Name of AuthoriYed Official et 60/AssI. S".ecida 7 Title Approved as to Form: 7-3 - a0a 5 l ain.6 Date ,A,,,,,,,Shawna G. Lamb, City Attorney �...��lma.,,, �•`' SNE Cavt "'•. BOYA/"‘ Q0�• o uqa•.;Q .,, -'\`, ...ORPp4•.�4 11 Z f c'.' St, 9'F;a'�b, (Corporate Seal) s�-+A,L iNC L`'1L ;c� = .?y: 811512020 ; 0, • ii ; ORPORgT ;2 i . %1 f : e• •'•••.....•.•� 92 ° cAwP� F Att= :d/Authenticated: Att t/Authe ticated: t!1 (Signature), Witness Maylee De :sus, City CI:rk De RobbieJfilk,II -- .Seineia Print Name J 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 22 &ebr )a CORPORATE ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ✓physical presence or n online notarization, this day of Jit lq , 20 25 by `tnom[ts 6011s'eC e i) as (!Lb jA� .Se(' . of µw_ u i U (en raC' j 'c.lie .a DE Cul,) , on behe of the company. Theyarepersonally'known to me or haveproduced ; p Y� �11A as identification. SARA GROGAN NOTAR P BLIC NOTARY PUBLIC � Henry County (�1m Arfi an State of Georgia My corm,Expires February 5,2028 (Name of Notarry Typed. Printed, or Stamped) rn k Commission No. 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 23 EXHIBIT A TASK ORDER TEMPLATE GY(V O� l = � V OL �P hTON CITY OF BOYNTON BEACH Services Task Order Task Order No. Contractor. Contract No 1. Task/Project Phase (Insert title _ and _ brief description) 2. Detailed Scope of Work. A detailed scope of work under this Task Order, consistent with Agreement No , is attached as Exhibit . The Contractor shall perform all labor, furnish all materials and equipment, and provide all services necessary to complete the work described. 3 Deliverables and Schedule Contractor shall complete the work and deliver any required items or documentation in accordance with the schedule provided in Exhibit . Time is of the essence for completion of the Work.. 4 Compensation The total Fee to be paid to Contractor under this Task Order shall not exceed based on the unit pricing or hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit The payment schedule (based on deliverables) is attached as Exhibit 5 Agreement Reference. This Task Order shall be performed under the terms and conditions described within the Agreement, dated , 20 , by and between the City of Boynton Beach and ("Contractor'), Contract No 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7 Exhibits All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Notice to Proceed ❑ If checked, Consultants receipt of a fully-executed copy of this Task Order shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant ❑ If checked. Consultant shall commence Services under this Task Order as specified in a forthcoming Notice to Proceed. 25-020R8 Pre.Chlonnated Pipe Bursting of Potable Water Mans 24 9. Liquidated Damages. Time is of the essence for the completion of the Work described in this Task Order. If the Contractor fails to achieve Substantial Completion or Final Completion by the respective dates set forth in this Task Order or the applicable Notice to Proceed, the Contractor shall pay the City liquidated damages as follows: Substantial Completion: $ per calendar day for each day or part of a day beyond the scheduled Substantial Completion date until Substantial Completion is achieved. Final Completion: $ per calendar day for each day or part of a day beyond the scheduled Final Completion date until Final Completion is achieved. These liquidated damages amounts are agreed upon by the Parties as a reasonable estimate of the damages the City will incur due to delay, including administrative and operational costs. The Parties acknowledge that the actual damages caused by such delays would be difficult to precisely determine. These liquidated damages shall not be considered a penalty but serve to compensate the City for its inability to timely use or occupy the Project. Liquidated damages shall apply separately to each portion of the Project with established deadlines for Substantial and Final Completion. CONTRACTOR: CITY OF BOYNTON BEACH By By: Daniel Dugger, City Manager Print Name Date: , 20_ Date, , 20 Attest City Clerk City Attorney's Office Approved as to form and legality By: 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 25 EXHIBIT B CONTRACT PRICE BID FORM 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 26 25-02ORB - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: April 21, 2025 8:00 AM Closing Date: May 23, 2025 2:30 PM Vendor Details Company Name Murphy Pipeline Contractors, LLC Does your company conduct business under any other name?If NO yes,please state 12235 New Berlin Road Address: Suite 400 Jacksonville, Florida 32226 Contact Meghan Bedford Email: meghan.bedford@puriscorp com Phone: 281-939-3672 Fax: 281-939-3672 HST#: 59-3688714 Submission Details Created On: Monday May 19,2025 15:17:28 Submitted On: Friday May 23,2025 12.47.08 Submitted By Meghan Bedford Email. meghan.bedford@puriscorp.com Transaction#: 20798dac-a188-4f6a-a72b-9ede59ce6e0f Submitter's IP Address: 147 243.202.233 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the"Bid Form". Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No. Description Quantity Unit Unit Price Total 1 11 E Indemnification 1 Lump Sum $25.0000 $25.00 Subtotal: $25.00 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC General Conditions Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. FOR ITEM NO. 1.11.BB (APPLICABLE PERMIT ALLOWANCE). ENTER A ZERO (0)AS THEAJNIT COST. FOR ITEM NO. 1.11.D (NPDES MAY NOT EXCEED 1.5%OF THE PROJECT COST). ENTER A ZERO(0)AS THE UNIT COST. Item No. Description Quantity Unit Unit Price 1.11.A Mobilization/Demobilization per Project 1 LS $40.000.0000 1.11.A Maintenance of Traffic (MOT) Plan per 1 LS $10.000.0000 Project, City Right-of-Way 1 11.A Maintenance of Traffic (MOT) Plan per 1 LS $15,000.0000 Project, Palm Beach County FDOT Roadway 1.11.6 Applicable Permit Allowance (actual cost 1 EA $0.0000 reimbursement by the City) 1.11.0 Pre- and Post- Construction Video 1 LS $3,500.0000 1.11.D NPDES (if applicable) May Not Exceed 1 EA $0 0000 1.5% of the Project Cost Surface Restoration Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price 1 11.F Sod 1 SF $1.3000 1 11.F 6" Concrete 1 SF $28.0000 1 11.F 3" Asphalt 1 SF $15.0000 1.11 G Curb 1 LF $110.0000 Open Cut Water Main - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price 1.11.H 6-Inch C-900 1 LF $225.0000 1.11.H 8-Inch C-900 1 LF $235.0000 1.11.H 10-Inch C-900 1 LF $245.0000 1 11.H 12-Inch C-900 1 LF $255.0000 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Pipe Bursting - Furnish and Install - per Linear Foot Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price ` 1.11.1 6-inch HDPE DR11 by Pre-Chlorinated 1 LF $185 0000 Pipe Bursting 1 111 8-inch HDPE DR11 by Pre-Chlorinated 1 LF $195.0000 Pipe Bursting 1.11.1 10-inch HDPE DR11 by Pre-Chlorinated 1 LF $205.0000 Pipe Bursting 1.11.1 12-inch HDPE DR11 by Pre-Chlorinated 1 LF $235.0000 Pipe Bursting Valves and Fittings - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. HYDRANTS WILL BE FURNISHED BY THE CITY Item No. Description Quantity Unit Unit Price ` 1.11.J 4-Inch Gate Valve 1 EA $1,875.0000 1.11 J 6-Inch Gate Valve 1 EA $2,070.0000 1.11.J 8-Inch Gate Valve 1 EA $2,600.0000 1.11.J 10-Inch Gate Valve 1 EA $3,245 0000 1.11.J 12-Inch Gate Valve 1 EA $4,910.0000 1.11.J Miscellaneous Fittings 1 per pound $10.0000 1.11.J Install Fire Hydrant on a 6-Inch Water Main 1 EA $8,000.0000 1.11 J Install Fire Hydrant on a 8-Inch Water Main 1 EA $8,500.0000 1.11.J Tee 6x6x6 1 EA $1,290.0000 1.11.J Tee 8x8x6 1 EA $1,450.0000 1.11.J Tee 8x8x8 1 EA $1,495 0000 1.11.J Tee 10x10x6 1 EA $1,705.0000 1.11.J Tee 10x10x8 1 EA $1,760.0000 1 11.J Tee 10x10x10 1 EA $1,800.0000 1 11.J Tee 12x12x6 1 EA $2,050 0000 1.11.J Tee 12x12x8 1 EA $2,110.0000 1.11.J Tee 12x12x10 1 EA $2,155.0000 1.11.J Tee 12x12x12 1 EA $2,199.0000 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Customer Connections - Furnish and Install -Single or Double Services - Up to 1-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Short Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $1,445.0000 1.11 K 8-Inch Water Main 1 EA $1,580.0000 1 11 K 10-Inch Water Main 1 EA $1,980.0000 1.11 K 12-Inch Water Main 1 EA $2,100.0000 Customer Connections - Furnish and Install -Single or Double Services - Up to 2-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE -Up to 2-Inch Short Side Water Service Connection Item No. Description Quantity Unit Unit Price' 1.11.K 6-Inch Water Main 1 EA $1,845.0000 1.11.K 8-Inch Water Main 1 EA $1,949.0000 1.11.K 10-Inch Water Main 1 EA $2,155.0000 111.K 12-Inch Water Main 1 EA $2,110.0000 Customer Connections - Furnish and Install -Single or Double Services - Up to 1-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 1-Inch Long Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $2,155.0000 1.11.K 8-Inch Water Main 1 EA $2,199.0000 1.11.K 10-Inch Water Main 1 EA $2,515.0000 1.11.K 12-Inch Water Main 1 EA $3,100 0000 Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors. LLC Customer Connections - Furnish and Install - Single or Double Services - Up to 2-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE - Up to 2-Inch Long Side Water Service Connection Item No. Description Quantity Unit Unit Price' 1.11.K 6-Inch Water Main 1 EA $2,550.0000 1.11.K 8-Inch Water Main 1 EA $2,815.0000 1.11.K 10-Inch Water Main 1 EA $3.165.0000 1.11.K 12-Inch Water Main 1 EA $3,694.0000 Line Stops -Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price 1.11.L 6-Inch Water Main 1 EA $9,525.0000 1.11.L 8-Inch Water Main 1 EA $11,725.0000 1.11.L 10-Inch Water Main 1 EA $14,655.0000 1.11.L 12-Inch Water Main 1 EA $17,587.0000 Dewatering -Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price` 1.11.M Well Point Set Up 1 EA $4.000.0000 1 11.M Well Point Operation and Maintenance 1 DAY $325.0000 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Cost Estimate Proposal (Scenario#1) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and 'NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#1 - Six-inch water main (Asbestos Cement Pipe) that runs a length of 700 linear ft. (from east to west) through the easement of a residential neighborhood at 3 feet deep. This water main loops the system; 30 residents (15 long services [six (6) 2-inch taps and double services] and 18 short side [18 single 1-inch services]) are connected to it. The six-inch water main is wet-tapped off of a 16-inch transmission water main that is in an FDOT roadway and ties into an eight-inch water main 400 linear feet away onto a city roadway. Both six-inch valves are not leaking and are in good condition. Restore asphalt 500 sq. ft. of FDOT-approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to an eight-inch water main. Item No. Description Quantity Unit Price Total 1 Mobilization / 1 $40,000.0000 $40,000.00 Demobilization 3 MOT FDOT Road 1 $15,000.0000 $15,000.00 5 Pre- and Post- 1 $3,500.0000 $3,500.00 Construction Video 7 Indemnification 1 $25.0000 $25.00 8 Sod 2500 $1.3000 $3,250.00 10 3" Asphalt 500 $15.0000 $7,500.00 17 8-inch HDPE Pipe 700 $195.0000 $136,500.00 Bursting 22 8" Gate Valve 2 $2,600.0000 $5,200.00 25 Miscellaneous Fittings 120 $10.0000 $1,200.00 30 Tee 8X8X8 1 $1,495.0000 $1,495.00 39 8" up to 1" Short Service 18 $1,580.0000 $28,440.00 47 8" up to 1" Long Service 9 $2,199.0000 $19,791.00 51 8" up to 2" Long Service 6 $2,815 0000 $16,890.00 Subtotal' $278,791.00 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Cost Estimate Proposal (Scenario#2) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and 'NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. f3idders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#2 - Ten-inch (Cast Iron Pipe) water main that runs 800 linear ft. in utility right-of-way at 6 feet deep. At a distance of 250 linear feet, the 10-inch water main reduces to an 8-inch water main (cast iron). Where the water main reduces from a 10-inch to an 8-inch water main, there is a 10-inch x 8-inch reducer and an 8-inch gate valve. Two (2) fire hydrant with (2) individual valve, is connected to the water main. There are resident service lines that are fed by this water main, 10 long-side service lines, and 10 short-side service lines (water services connections to be connected to 8-inch water main)for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 10 inches reduced down to 8 inches if possible. Item No. Description Quantity Unit Price Total 1 Mobilization / 1 $40.000 0000 $40,000.00 Demobilization 2 MOT City Road 1 $10,000.0000 $10,000 00 5 Pre- and Post- 1 $3,500.0000 $3,500.00 Construction Video 7 Indemnification 1 $25 0000 $25.00 8 Sod 2250 $1.3000 $2,925.00 17 8-inch HDPE Pipe 550 $195 0000 $107,250.00 Bursting 18 10-inch HDPE Pipe 250 $205 0000 $51,250 00 Bursting 21 6" Gate Valve 2 $2,070.0000 $4,140.00 22 8" Gate Valve 1 $2,600.0000 $2,600.00 25 Miscellaneous Fittings 160 $10 0000 $1,600.00 27 Install Fire Hydrant - 8" 2 $8,500.0000 $17.000.00 WM 29 Tee 8X8X6 2 $1,450.0000 $2,900.00 39 8" up to 1" Short Service 10 $1,580.0000 $15,800.00 47 8" up to 1" Long Service 10 $2,199.0000 $21,990.00 Subtotal: $280,980.00 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Cost Estimate Proposal (Scenario#3) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and 'NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS,Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#3 - Six-inch water main (Asbestos Cement) that runs in utility right-of-way at a depth of four feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. The utility is asking that five (5) 8-inch x 6-inch tees be installed along the line; the position of tees will be specified by the utility, and five (5) 6-inch valves to coincide with each tee for future installation of five (5) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short-side services and 20 long-side services for a total of 40 resident service lines (1-inch service line connections). The utility wants to upsize the water main from an 6-inch to a 8-inch water main. Item No. Description Quantity Unit Price Total 1 Mobilization / 1 $40,000.0000 $40,000.00 Demobilization 2 MOT City Road 1 $10,000.0000 $10,000.00 5 Pre- and Post- 1 $3,500.0000 $3,500 00 Construction Video 7 Indemnification 1 $25.0000 $25.00 8 Sod 3150 $1.3000 $4.095 00 17 8-inch HDPE Pipe 1000 $195.0000 $195,000.00 Bursting 21 6" Gate Valve 5 $2,070.0000 $ 10,350.00 25 Miscellaneous Fittings 320 $10.0000 $3,200.00 29 Tee 8X8X6 5 $1,450.0000 $7,250.00 39 8" up to 1" Short Service 20 $1,580.0000 $31,600.00 47 8" up to 1" Long Service 20 $2,199 0000 $43,980.00 Subtotal: $349,000.00 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Summary Table Bid Form Amount Cost Estimate Proposal(Scenario#1) $278.791.00 Cost Estimate Proposal(Scenario#2) $280,980.00 Cost Estimate Proposal(Scenario#3) $349,000.00 Subtotal Contract Amount: $908,771 00 CERTIFICATION We(I),the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We(I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Description Response Options item 1 Company Name Murphy Pipeline Contractors, LLC 2 Address 510 Shotgun Road, Unit 150 3 Telephone 954-842-4771 4 City Sunrise 5 State Florida 6 Zip Code 33326 7 Contractor's License CUC1226394 Number 8 Federal Tax ID Number 59-3688714 9 Email address for above bids@puriscorp.com signer 10 Indicate which type of Limited Liability Limited Liability organization from the list in the Options Column Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS- Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Description Response Item 1 I Hereby Acknowledge the Drug Free Information Above and Will Yes Abide by Everything in this Section. BIDDER'S QUALIFICATION STATEMENT Line Description Response Item 1 How many years has your organization been in 5 Years business under its present name? 2 If Vendor is operating under Fictitious Name, submit N/A evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business Murphy Pipeline Contractors. Inc. operated? Also list former address(es) of that business, if any. 4 Have you ever been disbarred or suspended from No doing business with any governmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to Yes submission package 6 Has your company ever declared bankruptcy? If Yes, No explain. Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, 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, nor 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 toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Description Response Item 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 a Yes Information Above and Will Abide by Everything Outlined in this Section. r No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Description Response Item 1 I Hereby Acknowledge the E-VERIFY Information Above and Will a Yes Abide By Everything in this Section. C No Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC FIRM'S PRIMARY OWNERSHIP Line Item Description Response 1 Does your firm employ more than 50 persons (including full-time and part-time Yes employees) 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your Yes firm for the past three years greater than $9 million? 4 Which of the following best describes the gender of your firm's primary owner Male (at least 51% ownership) 5 Which of the following best describes the ethnicity of your firm's primary Caucasian owner (at least 51%) 6 Please select the current certification your firm holds: (Note: Proof of None Certification must be included in Document Upload Section) 7 Indicate the agency or agencies that have granted the certification to your firm. None PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Description Response Item 1 I Hereby Acknowledge the Palm Beach County Inspector General Yes Information Above and WV Abide by Everything in this Section REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Company Name Legal Address Contact Name Phone Number' Email Address Item 1 City of Altamonte 201-2011 Newbury Ave, Trey Sisk 407-571-8572 tsisk@altamonte.org Springs Altamonte Springs, FL 32701 2 Town of Longboat Key 600 General Harris Isaac Brownman 941-822-6876 Jbrownman@longboatkey. Public Works Street org Longboat Key, FL 34228 3 City of Tampa, FL 315 E. Kennedy Blvd.. Brad Williamson 813-337-5222 brad williamson@kiewit.co Tampa, FL 33602 m 4 CMG Pipelines 4736 W. Napoleon Ave. Carmelo Gutierrez 504-875-9801 Carmelo@cmgpipelines.c STE 201 om Metairie, LA 70001 5 ARKK Engineering 7322 Southwest FWY Madhu Kilambi 713-400-2755 Madhu kilambi@arkkengin Houston, TX 77074 eers com Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate"TBD" (To Be Determined)or"TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder/Proposer shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders/Proposers shall not indicate"TBD" (To Be Determined) or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. r By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their "OWN FORCES". Line Work to be Performed %Total Contract Contractor License Subcontractor Name/Address. Subcontractor Phone/Email Item No. 1 Geotechnical Less than 5% TBD East Coast Testing & Denise Smith / 954-972-7645 Engineering Engineering 2 Concrete Restoration Less than 5% TBD A&M Brothers Concrete Corp Valdemiro DaSilva / 786-422- 5357 3 Milling & Paving Less than 5% TBD C&R Milling & Paving Sandy Kitts / 305-686-2022 4 Thermoplastic Striping Less than 5% TBD Precise Striping Charlie Blackburn / 954-380- 7303 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. • Bid Bond and Bid Bond Acknowledgement-Bid Bond Acknowledgement.pdf-Wednesday May 21, 2025 13:57:32 • Non Collusive Affidavit&Acknowledgement- Non Collusion Affidavit.pdf-Wednesday May 21, 2025 13:32:34 • Scrutinized Companies and E-Verify Affidavits- EVerify Affidavit.pdf-Wednesday May 21, 2025 13:35:29 • Foreign Entity Ownership Affidavit-Foreign Entity Affidavit.pdf-Wednesday May 21, 2025 13:48:52 • Anti Human Trafficking Affidavit-Anti Trafficking Laws Affidavit.pdf-Wednesday May 21, 2025 13:33:19 • Trench Safety Act Affidavit-Trench Safety Affidavit.pdf-Wednesday May 21, 2025 13:38:10 • Proof of State Certified or County Competency Licenses- FL Contractors License.pdf-Wednesday May 21, 2025 13:53:14 • Certificate of Insurance- MPC-Sample COI-2025.PDF-Wednesday May 21, 2025 13:38:30 • IRS Form W-9-W9-01.2025.pdf-Wednesday May 21, 2025 13:33:40 • Anti Kickback Affidavit-Anti Kickback Affidavit.pdf-Wednesday May 21, 2025 13:34:05 • Additional Document(optional) Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 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. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices. terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor is intended to, or shall be construed to, create any third- party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30)calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Bid Number: 25-020RB Vendor Name Murphy Pipeline Contractors, LLC Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor's possession. All records stored electronically by the 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. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder - Thomas Gottsegen, Chief Legal Officer&Assistant Secretary, Murphy Pipeline Contractors, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 25-020RB Vendor Name: Murphy Pipeline Contractors, LLC I have reviewed the File Name below addendum and Pages attachments(if applicable) 25-20RB Addendum No.5 Thu May 22 2025 12.57 PM 1 25-20RB Addendum No.4 Wed May 21 2025 0348 PM 1 25-20RB Addendum No. 3 Wed May 21 2025 02.27 PM 1 25-20RB Addendum No.2 Mon May 12 2025 1126 AM 1 25-20RB Addendum No.1 Thu May 1 2025 09.38 AM 2 Bid Number: 25-02ORB Vendor Name: Murphy Pipeline Contractors, LLC Murphy Pipeline Contractors, LLC 510 Shotgun Road, Unit 150 (; Sunrise, FL 33326 p(pC UB Bid Bond / Bid Bond Acknowledgement A Bid Bond is not required for this bid, per Section I - Instruction to Bidders - Submission Requirements, Item 1.12 Bid Bond Guaranty Submittal. PURIS FAMILY OF COMPANIES Inliner Solutions Inland Waters Pollution Control LiquiForu PM Construction Murphy Pipeline Contractors I Liner Products (Y 1) . 5,F1 • N of r ~Yore '`4 NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE State of Georgia County of Dekalb Thomas Gottsegen , being first duly sworn, deposes and says that: 1) He/She is CLO 8 Met Secretary Of Murphy Pipeline Contractors.LLC , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 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 BID in connection with the Contract for which the attached BID 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 BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer 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. 6) BIDDER shall disclose below,to their best knowledge, any City of Boynton Beach officer or employee,or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or,or has a material interest in,the BIDDER's business,who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 relationship described herein shall be reason for termination of bid or award,whichever is applicable,with no time to cure. NAME RELATIONSHIP N/A N/A Wines es: ^ BIDDER: ��...d Signed: --- Type• name:: Name: Thomas Go egen (1111P , /- fie✓ Title: CLO &Asst. Secretary Typed ame: STATE OF Georgia ) COUNTY OF Dekalb ) The foregoing instrument was acknowledged before me, by means of II physical presence or Ill online notarization, this 20 day of May , 20_, by Thomas Gottsegen ,who is personally known to me or who has produced Drivers License as identification_ Subscribed and sworn to before me This 20 day of May 20 25 • • , Newton County,Georgia t 1��- '• Notary Public lu,),Lit,i4r)Aotd-tt C< .�• NotaPLic(Snatur ) .t`'`�` Meghan Bedford L ,;, My Commission Expires 711112018 My Commission Expires:jUJ\A 11 )202E, THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 1'if 0„ raw �r ti C >ON•6 E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE Project Name: Pre-Chlorinated Pipe Bursting of Potable Water Mains Solicitation No.: 25-02ORB 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration."Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,contract with,or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla.Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) orb) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Murphy Pipeline Contractors, LLC Authorized Signature: : Print Name: Thomas�ttse en Title Chief Legal Officer&Asst. Secretary Date: 05/20/2025 Phone. 954-842-4771 STATE OF Georgia ) COUNTY OF Dekalb ) The foregoing instrument was acknowledged before me by means of 8 physical presence or u online notarization, this 20 day of May , 2024, by Thomas Gottsegen on behalf of Murphy Pipeline Contractors,LLC . He/she is personally known to me or has produced Drivers License as identification. t Icli 1 YJY fL Newton County,Georgia N ARY PUBLIC �= • Notary Public NI Ail �`� � Meghan Bedford (Name of Notary yped, Printed or Stamped) iP' My Commission Expires 7/11/2028 MI rl- Title or Rank Serial number, if any I � • \r • ~toN • CERTIFICATION PURSUANT TO FLORIDA STATUTE §287.135 TO BE COMPLETED AND UPLOADED ONLINE Thomas Gottsegen , on behalf of Murphy Pipeline Contractors,LLC certify Print Name and Title Company Name that Murphy Pipeline Contractors,LLC 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 Vendor of the City's determination concerning the false certification.The Vendor 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 Vendor 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 proposal 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 Section 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor. I hereby certify that the company identified above in the section entitled 'Vendor 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. -- Murphy Pipeline Contractors,LLC COMPANY NAME SIGNATUR Thomas Gottsegen Chief Legal Officer&Asst Secretary PRINT NAME TITLE May 20,2025 DATE The foregoing instrument was acknowledged before me, by means of ® physical presence or O online notarization, this 20 day of May , 20 25, by Thomas Gottsegen who is personally known to me or who has produced Drivers License as identification. I I Subscribed and sworn to before me This 20 day of May 202 5 11(1 Newton County,Georgia N tary 44 (Sigatutre) ,iiii .�'. Notary Public it Meghan Bedford + i ,,� My Commission Expires 7!11121)28 M Corn fission xpires Y°A rs. s \ _ u 4.4'rON 06 AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned, on behalf of the entity listed below("Entity ), hereby attests under penalty of perjury as follows. 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign • country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. — ./f 41 Date: May 20 , 20 25 Signed: r Entity: Murphy Pipeline Contractors, LLC Name: Thoma!NGQtts-.en Title: Chief Legal Officer&Asst. Secretary STATE OF Georgia COUNTY OF Dekalb The foregoing instrument was acknowledged before me, by means of&I physical presence or❑online notarization, this 20 day of May , 20 25 , by Thomas Gottsegen as Chief Legal Officer&Asst. Secretary for Murphy Pipeline Contractors, LLC , who is personally known to me or who has produced Drivers License as identification. CitCi iCA Notary Public Signature: State of Per4da at Large (Seal) Print Name: Miillitin VA yd , J �� Newton County,Georgia �+ Notary Public My commission expires: �� I( wzt ti1., Meghan Bedford :i My Commission Expires 7/11/2028 e � POM. AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking." Date: May 20 , 2025 Signed: Entity: Murphy Pipeline Contractors, LLC Name. Thomas ottse n Title: Chief Legal Officer&Asst. Secretary STATE OF Georgia COUNTY OF Dekalb The foregoing instrument was acknowledged before me, by means of ® physical presence or ❑ online notarization, this 2n day of May , 20 2 , by Thomas GnttsegPn , as Chief Legal Officer&Asst. Secretary for Murohy Pipeline Contractors, LLC , who is personally known to me or who has produced Drivers License as identification. pp t Notary Public Signature:1) h.1.. 1 ;>�f '1�� State of Florida at Large (Seal) Print Name: Milik1 My commission expires: JUAAiI 2C 'j •- Newton County,Georgia Notary Public Meghan Bedford „- My Commission Expires 7/11/2028 I Y 4p W s "P'o N 04 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926 650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE'THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Murphy Pipeline Contractors, LLC Name of Proposer Thomas ottseg - CLO &Asst. Secretary Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS. Description Unit Quantity Unit Price Extended Price Method Trenching Shoring LI' I 510.00 510.00 Manual Installation a x5;,..-_-_ .:, `*Y` i` z�. Ron DeSantis,Governor Melanie S.Griffin,Secretary Florida r 1 7:.: _:. .4 • STATE OF FLORIDA r DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY& EXCAVATION CO HEREIN,IS CERTIFIED UNDER THE PROVISI' ,41' •,:• HAPTER 489, FLORIi .r TUTES — fir_ 1_+ — - . .. _.,..,,,..„ ...._=__ ....... : if. 7 .*- '... __lc:. -';'-. -7=-- ._- ____$, re.: • Is V . NNETT, JANE DAMllI MURPHY PIPELINE CONTRACTORS,. / ' "s 510 SHOTGUN ROAD * SUITE 150 e SUNRISE FL 3332 ;' LIC01.4_11I EiER: t 226394 EXPIRATION DATE: AUGUST 31,2026 Always verify licenses online at MyFloridaLicense.com 0.•r_ 0 ISSUED:04/08/2025 J'- t Do not alter this document in any form. El i#� _o` This is your license. It is unlawful for anyone other than the licensee to use this document. ! ) § ( \ ) ; § § § / \ ( ) { ( ( \ . . § '23 .= | / § i ' 1 1 ( § ) \ ! i | ) ! 1 ! I ! ! ! i i i i i i i i i i i i i i i i i . . ; { I } i l i | ! II ; jai ! { } \ \ \ / , \ / ! t i ! ; i| } ( ° , . ! : , \ \ |ƒ _! ( \\ . iI P i 4 _, I I I } i IIii ) Pto 5 i ! $ 1 } i 1. | i | `§ 1 | i i | ` ! 1 & t| | f f | } f i' - } } | | i $ I | | . 3 3| ! | ! ! ! i . -t' | i ! ! /| ( ! } | ! . , 2 , ; ; , ; , , . s . ! , . ! , i _ | ; ! I ; , • ! | | I ! | ! ! I ! i i 1 I 1 ! ! •I I | . |! i { i , u , t, . , . U U V . , U V . . , . , . ! Mil " f ii , : : i;. .f 3 / | 11 / 1 }| | i1iiii | | } i1 $ I } M 1 1 { f { | { { | {f _i || | | { ƒ } ƒ ƒ ƒ Murphy Pipeline Contractors.LLC LicensessesI PtequNMkatIOns Murphy Pc*Capeda..LL<: RN.KURR RI UW.Wa.ru uwec 1prUe +tet .•••. 11dr0ewro URN,Caen/. Adne 110-41201 2/122021 Llayy Poo.CaeredasuC IMre DU IN PnpaMee Corerm 162303 4 1433 OA 3.3M PRA 312027 Ween PO.*CoraeaaA LLC OR dSil.cn,MO MD AMErnrred AaRon Pin 41004/118.Was lam An*.Rpal Adne NA 12/31!202! Mayy Ppnv Carawam.ILC MR. R Orpanrod 04 Ooren Rya Cana,Elpcle Soar r Vrda Adr 12002 242020 MaayPplh.Ca0ndaw LLC e__00A IN Seeer10 Adrd 0000001200 ROES N01 EXPME 100400 3/1622025 302303 DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 3/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brett Sauer NAME: PHONE 602-707-1931 FAX 602-707-1932 Alliant Insurance Services Houston, LLC (AJC,No,Ext): (A/C,No): 1330 Post Oak Blvd., Suite 300 E-MAIL ADDRESS: Brett.Sauer@alllant.com Houston,TX 77056 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: Various Murphy Pipeline Contractors, LLC INSURER C: XL Specialty Insurance Company 37885 12235 New Berlin Road INSURER D: Jacksonville, FL 32226 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _ _INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 300,000 MED EXP(Any one person) S 10,000 A CGD740922012 0410112026 0410112026 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICYPRO JP LOC PRODUCTS-COMP/OP AGG S 2,000,000 1 X I OTHER: S AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) S 2,000,000 ANY AUTO BODILY INJURY(Per person) S X A OWNED SCHEDULED CAD740922112 0410112025 0410112026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY _ AUTOS (Per accident) S a _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAB CLAIMS-MADE Various 04/01/2025 04/01/2026 AGGREGATE 5 10,000,000 DEC II RETENTIONS S WORKERS COMPENSATION X ER OTH- AND EMPLOYERS'LIABILITY YIN !STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N E.L EACH ACCIDENT S 1,000,000 C OFFICER/MEMBER EXCLUDED? N/A CW0740921912 04101/2025 04/0112026 (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under -, DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The Policies below are excess of the General Liability.Auto Liability.and Employer's Liability: Cartier Name Policy Number Limit NAIC I AXIS Surplus Insurance Company P-001-001149935-03 $3,000,000 26620 Starr Indemnity A Liability Company 1000585633261 83.33%po 07.000,000 xs 63,000,000 38318 Westfield Specialty Insurance Company I XSL-311411V-02 16.67%po$7,000,000 as 63,000,000 16992 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Murphy Pipeline Contractors, LLC ACCORDANCE WITH THE POLICY PROVISIONS. 12235 New Berlin Road AUTHORIZED REPRESENTATIVE Jacksonville, FL 32226 100/ If ©1988-2015 ACO. S Je •' • I•• . All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Form Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester. Do not Department of the Treasurysend to the IRS. Go to www.irs.gov/FormW9 for instructions and the latest information. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required (For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2) Murphy Pipeline Contractors, LLC 2 Business name/disregarded entity name,if different from above. `') 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to monly one of the following seven boxes certain entities,not individuals; n see instructions on page 3): o ❑ IndividuaVsole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate • y 2 LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . S Exempt payee code(if any) CL 2 Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax v classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o 2 box for the tax classification of its owner. Compliance Act(FATCA)reporting c ❑ Other(see instructions) code(if any) a u 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained Q this box if you have any foreign partners,owners,or beneficiaries See instructions ❑ outside the United States) cn 5 Address(number,street,and apt.or suite no.) See instructions. Requester's name and address(optional) 12235 New Berlin Road 6 City,state,and ZIP code Jacksonville, Florida 32226 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a — — resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. 5 9 — 3 6 8 8 7 1 4 Part II Certification Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contnbutions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of / / Here U.S.person B .. Z Date 0I102i2025 General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231 X Form W-9(Rev.3-2024) • ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE Georgia STATE OF FLORIenet Dekalb : SS COUNTY OF CALM•6E,"Cl I 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: N ME SIGNATURE STATE OF Georgia ) Thomas .otta gen COUNTY OF Dekalb The foregoing document was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this 20 day of May , 20 25 by Thomas Gottsegen , as CLO &Asst. Secretary of Murphy Pipeline Contractors,LLC who is personally known to me or who has produced Dnvers License as identification. Sworn and subscribed before me this 20 day of May , 2024 2025 Printed Information: Newton County,Georgia Notary Public Thomas Gottsegen '' Meghan Bedford NAME ''�'"� res 7/111202B ,;,; My Commission Expires Chief Legal Officer& Asst. Secretary TITLE yt V 1 NO RY P S to of FlertteialnW( at _arge Murphy Pipeline Contractors, LLC COMPANY "OFFICIAL NOTARY SEAL" STAMP The City of Boynton Beach DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beach,Florida 33435 (P):561-742-6271 I (F): 561-742-6274 tiToN VENDOR INSURANCE REQUIREMENTS - PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury,and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability,Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440,Florida Statutes.Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or eq uivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable. AMERICA'S GATEWAY TO THE GULFSTREAM For any Contractor who has exempt status as an individual, the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 100%of the total project cost, including soft costs,with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized,pressurized,or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10)days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date,which should be the same date of the initial contract or prior. AMERICA'S GATEWAY TO THE GULFSTREAM f. The City shall be named as an Additional Insured on all liability policies,with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach,FL 33435 'the Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible,co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials,employees,or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition,Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident(occurrences)associated with this Contract,shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements.All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GULFSTREAM Exhibit B Agreement between Killebrew, Inc., and the City for ITB No. 25-02ORB for Pre- Chlorinated Pipe Bursting of Portable Water Mains AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND KILLEBREW, INC. FOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS This Construction Contract (the "Agreement") is entered into by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "City," and Killebrew,-Inc., a corporation, authorized to do business in the State of Florida, with a business address of 2830 Winter Lake Road, Lakeland, FL 33803, hereinafter referred to as the "Contractor," (each a "Party" and collectively the "Parties"). WHEREAS, the City of Boynton Beach Utilities Department requires pre-chlorinated pipe bursting of utility system water mains; and WHEREAS, on April 21, 2025, the Purchasing Division issued ITB No. 25-02ORB Pre- Chlorinated Pipe Bursting of Potable Water Mains (the "ITB"); and WHEREAS, Contractor responded to the ITB by submitting its Bid dated May 23, 2025 (the "Bid"); and WHEREAS, the City has selected the Contractor(s) to perform construction services on an as-needed basis; and, WHEREAS, at its meeting of August 5, 2025, by Resolution No. Us-.zoy , the City Commission approved this award to the Contractor and authorized the proper City officials to execute this Agreement. NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SECONDARY/BACKUP CONTRACTOR DESIGNATION AND DUAL CONTRACT ACKNOWLEDGEMENT Contractor is hereby designated as the secondary/backup contractor for the goods and/or Services described under this Agreement. As Secondary Contractor, Contractor shall: a) Maintain standby capacity to provide services when the Primary Contractor designated under separate agreement 25-02ORB cannot perform; b) Accept work assignments only upon written authorization from the City following activation procedures outlined herein; c) Acknowledge and agree that Murphy Pipeline Contractors, LLC has been designated as the PRIMARY CONTRACTOR with superior rights to perform the contracted services; d) Maintain the operational capacity and readiness to assume full service responsibilities within twenty (21) days of activation notice; 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 1 f) Understand that this Agreement creates a contingent obligation to perform services and does not guarantee any minimum volume of work except as specifically provided in the compensation schedule. The parties acknowledge that the City has entered into separate agreements for the same services with both a Primary Contractor and a Secondary/Backup Contractor. This dual- contracting approach is intended to ensure continuous service delivery. Contractor acknowledges the existence of the primary contractor agreement and their secondary status in the service delivery hierarchy. Secondary Contractor services may be activated under the following circumstances: (a) material breach of the Primary Contract; (b) Primary Contractor's inability to maintain required service levels; (c) force majeure events affecting Primary Contractor's performance; (d) emergency situations requiring immediate additional capacity; or (e) Primary Contractor's failure to cure deficiencies within the specified cure period. Upon activation, Secondary Contractor shall assume service responsibilities as directed by the City. SCOPE OF SERVICES/WORK. The Contractor agrees to perform the services required for the Pre-Chlorinated Pipe Bursting of Potable Water Mains on an as-needed basis by way of individual Purchase Orders and Task Orders. If work is ordered by Task Order, the Parties shall complete a Task Order in substantially the form attached hereto as Exhibit A,which shall describe the specific scope of work, identify the location, compensation, any applicable special terms or conditions, and the project schedule and shall be signed by the City and Contractor. Any Task Order over the then-current procurement policy threshold shall require approval of the City Commission. Time shall be of the essence for each Task Order. The terms and conditions of ITB No. 25-02ORB and the Contractor's proposal are expressly incorporated into this Agreement by reference.Any conflict or discrepancy between the terms of this Agreement, ITB No. 25-02ORB, and Contractor's proposal, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) ITB No. 25-02ORB, and (3) Contractor's proposal. No minimum amount of services is guaranteed under this Agreement. Article 2. CONSULTANT. Shall mean the City of Boynton Beach, who may provide specialized services as specified in the Task Order and will assume the duties, responsibilities, rights, and authority assigned to the Consultant in connection with the Contract Documents and the specific requirements set forth in each Task Order. The City's role and scope of services may vary by project as defined in the individual Task Order, except that any design work related to pipe bursting services or similar trenchless technology installations shall be excluded from this agreement and must be procured through a separate formal solicitation process. Article 3. TERM. The initial Agreement period shall be for an initial term of three (3)years, commencing on August 6, 2025, and shall remain in effect through August 5, 2028, unless otherwise terminated in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to two (2) additional one-year terms (each a "Renewal Term") unless at least sixty (60) days prior to the renewal date, either 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 2 party gives the other party written notice of the intent to not renew of the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the "Term". Article 4. CONTRACT TIME, TERMINATION, LIQUIDATED DAMAGES. 4.1 Contract Time. Work under this Agreement shall commence upon the giving of written notice by the City to the Contractor to proceed an issuance of Task Order or Purchase Order. Contractor shall perform all services and provide all work product required pursuant to this Agreement. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the Contractor to the City's Purchasing Department in order to provide the City with continuing service. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. Article 5. TERMINATION, LIQUIDATED DAMAGES. 5.1 Termination for Convenience. This Agreement may be terminated in whole or in part by City for convenience, without cause, upon providing seven (7) business days' written notice to Contractor for such termination in accordance with Paragraph 15.3 of the General Provisions for Construction. Upon such termination, the Contract Price earned to the date of termination shall be paid to the Contractor, but the Contractor waives any claim for damages, including loss of profits, arising out of or related to the early termination. Contractor may not recover overhead or profit for Work not performed.Those Agreement provisions that, by their nature, survive final payment shall remain in full force and effect. 5.2 Termination for Cause. In addition to all other remedies available to City,this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained or as set forth in Paragraph 15.2 of the General Conditions, if such neglect or failure shall continue for thirty (30)days after receipt by Contractor of written notice of such neglect or failure. If Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify City against loss pertaining to this termination. If the City terminates this Agreement for cause, the Contractor shall not be relieved from any of its obligations under the Contract Documents and shall not be entitled to receive any further payment until the City's costs to complete the Work are determined. In no event shall the Contractor receive any payment for Work finished by the City. The City shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of engineers/architects, attorney and other professional fees, court costs, and other damages incurred by the City. The City shall not be required to obtain the lowest price for the Work to be performed, but the costs paid by the City must be reasonable. If the Contract Price exceeds the City's costs to finish the Work, the City shall retain the excess. If the City's costs exceed the unpaid balance, the Contractor shall pay the difference to the City. This obligation for payment shall survive the termination of this Agreement and final payment. 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 3 If the Contractor's Surety is directed or agrees to complete the Work, all payments due after termination shall be made to the Surety until the Work is complete and/or the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Agreement, and the Bond to fulfill all obligations of the Contract Documents for the Contract Price in effect as of termination. The Surety may not assign those obligations without the City's written consent. The Surety shall be responsible for paying all costs relating to the Contractor's termination. Contractor and its Surety shall be jointly and severally liable for all costs over the Contract Price for completion of the Work and Liquidated Damages. If, upon termination for cause, it is determined that the Contractor was not in default, the rights and obligations of the Parties shall be as if the notice of termination had been issued for the City's convenience. 5.3 Contractor Obligations Upon Termination. Upon receipt of written notice from City of termination, Contractor shall: (i)cease operations as directed by City in the notice; (ii) take actions necessary, or that City may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed before the effective date of termination stated in the notice, and if directed by City, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. The City may assume and become liable at its sole discretion for obligations, commitments, and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said project. City shall reimburse Contractor for any unpaid and earned project cost as of the termination date, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the City may require for fully vesting in it the rights and benefits of the Contractor under such obligations or commitments. 5.4 Liquidated Damages. The City and Contractor recognize and acknowledge that time is of the essence for the Contractor's performance of this Agreement and that the City will suffer financial loss if the Work is not completed within the times specified Task Order and Notice to Proceed, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor shall pay the City liquidated damages per calendar day for each day or part of a day after the scheduled Substantial Completion date until the Work is substantially complete. The dates for Substantial Completion and Final Completion, as well as the amount of liquidated damages, shall be specified in the applicable Task Order and/or the Notice to Proceed. If the Contractor fails to complete the remaining Work within the time specified for Final Completion or any extension granted by the City,the Contractor shall pay liquidated damages per calendar day for each day or part of a day that Final Completion is not achieved, as set forth in the Task Order. (the "Liquidated Damages"). The Contractor further acknowledges that the City is entitled to deduct any Liquidated Damages to which the City is entitled from the final payment to the Contractor. If the amount of Liquidated Damages due to the City exceeds the final payment amount, the 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 4 Contractor shall pay the difference to the City. This obligation for payment shall survive the expiration or termination of this Agreement and final payment.The City does not waive any rights or other remedies under this Agreement by collecting Liquidated Damages. Liquidated Damages will continue to be charged in the event of the Contractor's default and continuation of the Work by City or Surety. The Parties agree that the amounts established are not penalties but are Liquidated Damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages are hereby fixed and agreed upon between the Parties based on (1) mutual recognition of the impossibility of precisely ascertaining the amount of damages that the City will sustain as a consequence of the Contractor s failure to obtain Substantial Completion, Final Completion, or both timely; and (2) both Parties' desire to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to achieve Substantial Completion, Final Completion, or both, on time. These Liquidated Damages shall apply separately to each portion of the Project forwhich a deadline for Substantial Completion, Final Completion, or both is given. Liquidated Damages do not address costs incurred by the City or Consultant in having the Consultant administer the construction of the Project beyond the deadlines for Substantial Completion, Final Completion, or both. The Contractor is separately responsible to the City for the actual costs referenced above, pursuant to Article 15. Article 6. CONTRACT PRICE. The Contractor shall be paid by the City for completed work and under each task order that is completed in accordance with the task orders at the hourly rates attached as Exhibit B, or the lump sum or unit prices presented by the Contractor and accepted by the CITY. Contingency Funds. All contingency sums are the City's contingency and remain the City's property until the expense is approved. The Contract Price shall not include any contingency amounts. If this Agreement or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City's funds. The City may approve the use of contingency funds only to defray expenses due to unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor's bid amount, nor for use by the City to increase the scope of work. Contractor shall obtain prior written approval from the City before the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances before the release of such funds by the City. All uncommitted contingency funds remain the funds of the City. Contingency. City and Contractor agree that the Project budget shall include City's contingency, which shall be utilized as outlined above. The Contingency shall be 10% of the total project cost to account for any unforeseen conditions only approved by the City Manager. Article 7. PAYMENT PROCEDURES. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The City will process Applications for Payment as provided in the General Conditions. 7.1 Progress Payments. 25-020R8 Pre-Chlorinated Pipe Bursting of Potable Water Mains 5 A. The Contractor may submit an Application for Payment as recommended by the Consultant for Work completed at intervals of no more than once a month.All progress payments will be based on the progress of Work measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and, in the case of Unit Price Work, based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. The Schedule of Values must be reviewed and approved by the City before the first Application for Payment is submitted B. Before Substantial Completion, progress payments will be made in an amount equal to 95% of the Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as the Consultant shall determine, or the City may withhold, in accordance with Paragraph 14.5 of the General Conditions. C. Contractor shall submit with each Application for Payment, an updated progress schedule acceptable to the City and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the City for approval. The City shall pay the Contractor within thirty (30) calendar days after approval by the City of the Contractor's Application for Payment and submission of an acceptable updated progress schedule. 7.2 Withheld Payments. The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss if: a. Defective Work or material is not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. c. The Contractor fails to properly pay subcontractors for materials or labor or vendors and manufacturers for equipment, supplies, and materials. d. Damage to the City or another Contractor that remains unresolved. e. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. f. Reasonable evidence that the Work cannot be completed within the schedule. g. Repeated failures to carry out the Work in accordance with the Contract Documents. h. The Contractor is in default of any condition of this Agreement. i. The Contractor fails to submit information required by this Agreement. j. Lapse of Contractor's insurance coverage. k. Claims filed or reasonable evidence indicating public filing of claims by the City or third parties against the Contractor. I. The City has the right to claim Liquidated Damages or costs incurred by the City for extended construction administration. m. Failure of Contractor to provide any document(s) required by the Contract Documents. When the above grounds are removed or resolved, or the Contractor provides a Performance Bond, Surety Bond, or consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 7.3 Retainage. All retainage shall be withheld in accordance with Florida law, including but not limited to Sections 255.077 and 255.078, Fla. Stat. The City shall withhold retainage of five percent (5%) of all monies earned by the Contractor from each progress payment 25-02ORB Pre-Chlorinated Pipe Bursting of Potebie Water Mains 6 paid to the Contractor until Final Completion of the Work (defined as that point at which the Contractor has performed one hundred percent(100%)of the Work)has been reached and acceptance by City. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City and the Contractor will inspect the Work and develop a punch list covering those items required to render complete, satisfactory, and acceptable Work.The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City and Contractor cannot agree on an item or value, the City has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within twenty (20) business days after the creation of the final punch list, the City shall pay the Contractor the remaining contract balance, including any retainage, less one hundred fifty percent(150%)of the amount listed in the final punch as the cost to complete the punch list items. Upon final acceptance for an item or all items, the 150 percent withheld for each item will be released with the final payment. For projects valued at $10 million or more, the 30 calendar days may be extended to 45 calendar days. If the City has grounds under Florida law to continue to retain all or a portion of the requested retainage, the City may continue to hold all retainage. If the Work is not on schedule when the request for payment of retainage is submitted, the City may continue to hold all retainage and charge the Contractor all applicable Liquidated Damages authorized by Article 5 above. 7.4 Final Payment. Upon completion of all requirements for substantial completion and final completion and acceptance of the Work in accordance with Paragraph 14.10 of the General Conditions, the City shall pay the remainder of the Contract Price and release any retainage, as recommended by the Consultant as provided in Paragraph 14.10. The Contractor acknowledges that final payment shall not be made until the City receives a consent of Surety. Additionally, before final payment, the Contractor shall submit a final waiver and release of lien, as well as final releases from all suppliers and subcontractors who worked on the Project. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. If the Contractor fails to submit all documents required for final payment within one (1) year after final completion, any amounts owed as final payment shall be forfeited. The City shall provide written notice to the Contractor at least sixty (60) days before forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 7.5 Local Government Prompt Payment Act. All payments shall be governed by the Local Government Prompt Payment Act, as outlined in Part VII, Chapter 218, Fla. Stat. 7.6 Payment Where Public Construction Bond Required. If this Agreement requires the Contractor to provide a Public Construction Bond of Performance and Payment Bonds, no payment shall be made by the City to the Contractor until the Contractor has provided the City with a certified copy of the Bond(s) evidencing that said Bond(s) have been recorded with the Clerk of the Courts in the Public Records of Palm Beach County, in accordance with Section 255.05, Fla. Stat. 25-020RB Pre-Chlorinated Pipe Bursting of F'otable Water Mains 7 Article 8. BONDS. The Contractor shall provide bonds in accordance with Article 5 of the General Conditions. 8.1 Performance Bond. In accordance with the provisions of Section 255.05, Fla. Stat., and as required by the Contract Documents, the Contractor shall provide, on forms furnished by the City, a Public Construction Bond in an amount not less than the total Contract Price by a Surety Company acceptable to City. The Bond shall guarantee the Contractor's performance and payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying the Contractor with labor, materials, or supplies used directly or indirectly in the Work provided for in this Agreement. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, the Contractor agrees that the following language shall be expressly included within the language of its Bond: "The Surety expressly agrees to be bound by all terms and conditions related to Liquidated Damages, delay and time, or impact-related damages. The Surety shall be bound by the warranty or warranties contained in the Contract Documents and shall be responsible for any and all warranty obligations or damages resulting from latent defects or deficiencies in the Work performed under this Agreement. The Surety waives all rights against the City and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against the City for costs it asserts were not warranted by the Contract Documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by City as fiduciary." 8.2 Performance Bond and Payment Bond. Alternatively, the City may accept a Performance Bond and a Payment Bond, each in the amount not less than the total Contract Price, by a Surety acceptable to the City, on a form furnished by, or acceptable to, the City, instead of the Public Construction Bond. 8.3 Recording of Bond. Within ten days after receipt of the fully executed contract, the Contractor shall record its Bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded Bond to the City in accordance with Section 255.05, Fla. Stat. 8.4 Surety. To be acceptable to the City, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have a valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 25-02CR8 Pre-Chlorinated Pipe Bursting of Potable Water Mains 8 (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code when the Contractor submits its Bid. (5) The Surety Company shall have at least the ratings of A-/Class V. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Article 9. CONTRACTOR GUARANTEE. For one (1) year after the date of Final Completion of the complete Work (and not from final completion of component parts of the Work) or for such longer periods as may be set forth with respect to specific warranties contained in the specifications (the "Warranty Period"), Contractor warrants to City that the Work will conform to the requirements of the Contract Documents and will be free from defects and fit for the purpose for which they were intended. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or under the Contractor, improper or insufficient maintenance by the City, improper operation by the City, or normal wear and tear and regular usage. Warranty by Contractor shall not be construed as a waiver by City of any other contract or legal remedy. Article 10. CHANGE ORDER. Except as otherwise provided in the General Conditions, this Agreement shall only be modified by a written Change Order executed by the Contractor and City. Commencing Work without a written Change Order or Change Directive executed by the City before the commencement of Work waives any claim by the Contractor to an adjustment to the Contract Price and the Contract Time related to such Work. It is expressly and specifically agreed that any and all claims for changes to the Contract Time due to delay shall be waived if not submitted in strict accordance with the requirements of the General Conditions. The Contractor waives all of its rights, including, but not limited to, claims for Contract Time and Contract Price adjustments if the Contractor fails to strictly comply with the requirements of the General Conditions. Article 11. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions. Execution of this Agreement by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. The Contractor deems its inspection of the site and review of information furnished by the City to be an adequate investigation. The Contractor represents that the plans and specifications are consistent, practical, feasible, and constructible within the scheduled construction time. The Contractor affirmatively covenants that the Contractor has observed no defects or discrepancies in the plans, specifications, or site and that if, during 25-020R8 Pro-Chlorinated Pipe Bursting of Potable Water Mans 9 construction, any discrepancies, defects, etc., are discovered by or made known to the Contractor, the Contractor shall immediately communicate the same to the City. Article 12. CONTRACT DOCUMENTS. The term "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Agreement, the Invitation to Bid, and the following documents, all of which,taken together, are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between the Contractor and City and supersedes all prior verbal and written agreements, understandings, negotiations, and discussions between the Parties. The terms and conditions of any Invitation to Bid issued regarding the Project and Work is incorporated herein and made a part of this Agreement. No verbal agreement or conversation with any City officer, agent, or employee before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in any of the documents comprising this Agreement. For convenience, not all of the Contract Documents may be attached to this Agreement, but they make up the Contract Documents, regardless of whether they are attached. 10.1 Contract 10.2 Insurance Advisory 10.3 General Conditions of Construction 10.4 Invitation to Bid 10.5 Instructions to Proposers / Bidders 10.6 Contractor's Bid (including the Bid, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 10.7 Special Terms and Conditions 10.8 City Construction Standards and Details (available online at: PW Engineering: https://www.boynton-beach.org/760/Engineering-Standards-Manual and Utilities Engineering: https://www.boynton-beach.org/691/Utilities-Engineering-Division) 10.9 Attachment"A" —Technical Specifications/Special Conditions 10.10 Contractor's Bid Bond, Performance, and Payment Bond The Contract Documents are complementary, and wherever possible, the provisions of the documents shall be construed to avoid conflicts between the provisions of the various documents. In the event of a conflict,the more specific or more recent document shall control, generally in the order provided above. Article 13. NOTICE. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave Boynton Beach, FL 33435 Telephone No. (561) 742-6000 25-02ORB Pre-Chlonnated Pipe Bursting of Potable Water Mains 10 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If sent to the Contractor, it shall be mailed to: Richard Bushart, Vice President Killebrew, Inc. P.O. Box 6258 Lakeland, FL 33807 Telephone:(863) 701-0273 Article 14. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its commissioners, officers, employees and agents ("Indemnified Parties"), from and against any and all claims, obligations, liability, expenses, losses, and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of the Indemnified Parties or other contractors of City; (iii)arising out of the violation of federal, state, county, or municipal laws, ordinances, or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of the Contractor's indemnification shall be limited to one and one-half(1 1/2)times the Contract Price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. This paragraph shall not be construed to require the Contractor to indemnify the Indemnified Parties for such Indemnified Parties' own negligence or intentional acts. Nothing in this paragraph shall be construed as a contractual waiver by the City of the protections and limits of sovereign immunity under Section 768.28, Fla. Stat., nor a waiver of any defense the City may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Agreement. Contractor and City agree that any liability of the City under this Agreement shall be limited to the amounts set forth in Section 728.68, Fla. Stat. This paragraph shall survive the expiration or termination of this Agreement. Article 15. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Agreement be delayed beyond the specified or adjusted time limit, separate and apart from the Liquidated Damages stated in Section 3.5, the Contractor shall also reimburse the City for all expenses of consulting and inspection incurred by the City during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the City will be charged to the Contractor and deducted from payments due to the Contractor as provided by this Agreement. Said expenses shall be further defined as Consultant charges associated with the construction contract administration, including resident project representative costs. City may, but is not obligated to, deduct such costs from the monies due the Contractor for performance of Work under this 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 11 Agreement using unilateral credit Change Orders issued by City as costs are incurred by the Consultant and agreed to by City. Article 16. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Fla. Stat. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, d. Upon completion of the Contract, the Contractor shall transfer to the City all public records in the Contractor's possession at no cost to the City. All records stored electronically by the Contractor must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the City's information technology systems. e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk( bbfl.US Article 17. E-VERIFY. The Contractor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat., shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for the Contractor's violation of the statute, the Contractor may not be awarded a public contract for one (1) year after the termination date. Article 18. REPRESENTATIONS OF CONTRACTOR. 18.1 Authority. The Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 12 the Contractor has with any third party or violates applicable law. The Contractor further represents and warrants that execution of this Agreement is within the Contractor's legal powers, and each individual executing this Agreement on behalf of the Contractor is duly authorized by all necessary and appropriate action to do so on behalf of the Contractor and does so with full legal authority. The Contractor, by execution of this Agreement, binds itself, its partners, successors, assigns, and legal representatives to all covenants, agreements, and obligations contained in this Agreement. 18.2 Duly Licensed. The Contractor represents that it is duly licensed to perform the services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 18.3 Compliance with Laws. The Contractor shall comply with all applicable City, State, and Federal laws relating to the scope of work under this Agreement, now or hereafter in effect It shall not be grounds for a change order that the Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 18.4 Lobbying Certification. The Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 18.5 Non-Collusion. In accordance with Section 838.22, Fla. Stat.,the Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act which may result in an unfair advantage over other bidders or contractors. 18.6 Non-Discrimination. In performing under this Agreement, the Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation. Contractor or its subcontractor shall not unlawfully discriminate (as proscribed by federal, state, county, city, and any other local law) against any employee, city employee working with Contractor or its subcontractor, or applicant for employment with such Contractor or subcontractor based on that person's race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation, or association with members of such protected classes. The Contractor and its subcontractor(s) shall take action to ensure that applicants are not discriminated against and that employees are treated equally during employment. 18.7 Entities of Foreign Concern. The provisions of this section apply only if the Contractor or any subcontractor will have access to an individual's personal identifying information under this Agreement. The Contractor represents and certifies: (i) the Contractor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in the Contractor; and (iii) the Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date,the Contractor and any subcontractor that will have access to personal identifying information shall submit to the City executed affidavit(s)under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Fla. Stat. Compliance with the requirements of this section is included in the requirements of 25-020RB Pre-Chlonnated Pipe Bursting of Potable Water Mains 13 a proper invoice for purposes of payment.Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Fla. Stat. 18.8 Anti-Human Trafficking.On or before the Effective Date,the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. 18.9 Public Entity Crime Act. The Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Fla. Stat., and represents that its entry into this Agreement will not violate that Act. The Contractor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Fla. Stat., and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 18.10 Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Contractor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Fla. Stat., and that it is not a "scrutinized company"pursuant to Sections 215.473 or 215.4725, Fla. Stat. Contractor represents and certifies that it is not, and for the duration of this Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Fla. Stat. Contractor represents that it is, and for the duration of this Agreement will remain, in compliance with Section 286.101, Fla. Stat. 18.11 Federal Labor / Employment Laws. In accordance with Section 255.20, Fla. Stat., the Contractor represents that it has not been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years. 18.12 Unauthorized Aliens. The knowing employment by the Contractor or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement, which results in unilateral termination. The Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 18.13 Safety and Environmental Laws. In performing the Work, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards, applicable environmental laws, and any other applicable rules, regulations, and permits. The Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel throughout the term of this Agreement. Upon request, the Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. 18.14 Contingency Fee. The Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for the Contractor, 25-02ORB Pre-Chloonated Pipe Bursting of Potable Water Mains 14 any fee, commission, percentage, gift,or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Fla. Stat., the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a), Fla. Stat., is deemed included and fully incorporated herein. 18.15 Truth-In-Negotiation Representation. The Contractor's compensation under this Agreement is based upon its representations to the City. The Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate the Contractor's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date the Contractor executes this Agreement. In its sole discretion, the Contractor's compensation may be reduced by the City to correct any inaccurate, incomplete, or noncurrent information provided to the City as the basis for the Contractor's compensation in this Agreement. Article 19. LIENS. The Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, the Contractor agrees to keep the project, the buildings thereon, and the property free of liens for or on account of any work done or materials furnished under this Agreement. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by City, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to discharge or bond the lien(s), City shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and City's costs and reasonable attorneys' fees incurred. Article 20. IRON AND STEEL PRODUCTS. If this Agreement is for a "public works project" as defined in Section 255.0993, Fla. Stat., then any iron or steel product permanently incorporated in the project must be produced in the United States, unless specifically exempted in writing by the City in accordance with Section 255.0993, Fla. Stat. Article 21. INSURANCE. During the performance of the Work under this Agreement, the Contractor shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents and the General Conditions and provide originals or certified copies of all policies to the City's Risk Manager. All policies shall be written by an insurance company authorized to do business in Florida. The Contractor shall be required to obtain all applicable insurance coverage before commencing any Work under this Agreement. Article 22. DEFAULT OF CONTRACT & REMEDIES. 22.1 Correction of Work. If in the judgment of the City,Work provided by the Contractor does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the Work to bring the Work into conformance without additional cost to City, and/or replace any personnel who fail to perform per the requirements of this Agreement. City shall be the sole judge of non-conformance and the quality of workmanship. 25-O2ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 15 22.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by the Contractor: 22.2.1 The abandonment of the project by the Contractor for more than seven (7) calendar days. 22.2.2 The abandonment, unnecessary delay, refusal of,or failure to comply with any of the terms of this Agreement, or neglect or refusal to comply with the instructions of the City's designee. 22.2.3 The failure by Contractor to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by Contractor, where such failure shall continue for seven (7) calendar days after written notice thereof by City to Contractor; provided, however,that if the nature of Contractor's default is such that more than seven (7) calendar days are reasonably required for its cure, then Contractor shall not be deemed to be in default if Contractor commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 22.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by Contractor or any other party in a manner not expressly permitted hereunder. 22.2.5 The making by the Contractor of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Contractor of a petition to have Contractor adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Contractor, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where possession is not restored to Contractor within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of Contractor's assets, or for Contractor's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 22.3 Remedies in Default. In case of default by the Contractor, the City shall notify the Contractor, in writing, of such abandonment, delay, refusal,failure, neglect, or default and direct the Contractor to corn ply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within thirty (30) days of when the City sent notice, the City may declare a default of the Agreement and notify the Contractor of such declaration of default and terminate the Agreement for cause in accordance with Section 3.3 of the Agreement. The Surety on the Performance Bond shall, within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of the Contractor and proceed to perform services under the Agreement, at its own cost and expense. City shall have all other rights available at law, in equity,oras otherwise described in the General Conditions. 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 16 Article 23. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or Section 768.28, Fla. Stat. Article 24. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war,or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty(60)consecutive days,the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. Article 25. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation outlined in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation outlined in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective,any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. Article 26. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor concerning the Work provided under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security, or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor.The Contractor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. Article 27. OWNERSHIP AND USE OF DOCUMENTS. Any and all Construction Drawings produced for the City become the property of the City without additional payment by the City. The Contract Documents, in whole or in part, are to be used by the Contractor only for the Project and the Work and shall not be used by the Contractor for any other purpose without written authorization by the City. This prohibition shall survive the • 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 17 I completion or termination of this Agreement. The Contractor may retain copies of Contract Documents for record purposes. For security reasons, building plans, construction drawings, security features, technical details, and specifications of City-owned facilities are not public documents. The Contractor may share these documents with employees and subcontractors as needed to perform the Work; however, the Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without the City's prior written approval. Upon expiration or termination of this Agreement, any and all Construction Drawings and documents shall become the property of the City and shall be delivered by the Contractor to the City within seven (7) days after expiration or termination. Any compensation due to the Contractor may be withheld until all documents are received as provided in this Agreement. Article 28. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees, expenses, and court costs through trial and appeal. Article 29. WAIVER OF CHAPTER 558, FLORIDA STATUTES. Pursuant to Section 558.005(1), Fla. Stat., the Contractor and City agree to opt out of the requirements of Chapter 558, Fla. Stat. Article 30. SURVIVAL. The Contract Documents and the Contractor's obligation to perform corrective Work survive the final completion of the Work and final payment. Article 31. TERMINATION FOR NON-APPROPRIATION. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein, as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year before costs are incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. If funds to finance this Agreement become unavailable, the City may terminate this Agreement without penalty on the last day of the fiscal period for which funds were legally available. The City shall be the sole and final authority regarding the availability of funds. Article 32. THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 18 Article 33. GOVERNING LAW; JURISDICTION; VENUE; LITIGATION. 33.1 The Contract Documents shall be construed and interpreted, and the rights of the Parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. 33.2 The Contractor and City submit to the jurisdiction of Florida courts and federal courts located in Florida. The Parties agree that the proper venue for any suit concerning this Agreement shall lie exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. The Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. 33.3 WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "PARTIES")SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THE CONTRACT DOCUMENTS, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN)OR ACTIONS RELATING TO THIS AGREEMENT.THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONTRACTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THIS PARAGRAPH'S PROVISIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AG REEM ENT. Article 34. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITB and/or Bid, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITB; and (3) the Bid. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. Article 35. REGULATORY CAPACITY. Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred under the City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 25.020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 19 Article 36. PRIOR AGREEMENTS, AMENDMENTS, ENTIRE AGREEMENT. This Agreement, including the ITB, the Bid, and the Exhibits incorporated into it in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment duly executed by the authorized representatives of the City and Contractor. Article 37. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Article 38. ASSIGNMENT. The Contractor shall not assign this Agreement in whole or in part without the written consent d the City, which may be withheld, conditioned, or delayed at the City's sole discretion. The Contractor shall not assign any monies due or to become due to it hereunder without the previous written consent of the City and Contractor's Surety, with the Contractor acknowledging that until the final payment request is approved, the amount of monies due or to become due to Contractor or that may be due from Contractor to City has not been fixed or finally determined. Assigning this Agreement shall not relieve the Contractor or its Surety from any contract obligations. Article 39. NO WAIVER. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of its right or power to enforce such provision or a modification of this Agreement. The failure to assert a breach of a provision of this Agreement shall not be deemed a waiver of such breach or any subsequent breach, nor shall it be construed to be a modification of the terms of this Agreement. Article 40. COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Article 41. EFFECTIVE DATE. This Agreement shall become effective on the date it is executed by the last Party to sign the Agreement(the "Effective Date").The Effective Date shall be the date of the last signature below." (SIGNATURES ON FOLLOWING PAGE) 25-020R8 Pre-Chlonnated Pipe Bursting of Potable Water Mains 20 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY F OYNTON BEACH, FLORIDA CONTRACTOR NAME k5 n.)].-- Rebecca Shelton, Mayor (Signature), Killebrew, Inc. P1116Ii* 91,a0.1- -- ii) ,ch i--„, s l,0. z Date j Print Name of Authorized Official / v( Cf N /1//a• Title Approved as to Form: /PA) C O.if Date Shawna G. Lamb, City Attorney OF gOYNTO'h '~k'• GO cR4,.% 11f (Corporate Seal) is SE F f f $ i 1NCORp .2 i ''1 •• 19...,RATED: ,: f ; 2 i 1 •: i 11 ••••...••' .. �`%�i-URIDA %%. ester• A 'henticated: Attest/Authenticated: A.0--\—(...-L CLI-4--id.A.4.C..•i'L., tate4.46, .--"' (Signature), Witness Maylee D: 4., City Clerk Print Name 25-02ORB Pre-Chlorinated Pipe Bursting of Potable Water Mains 21 CORPORATE ACKNOWLEDGEMENT STATE OF JI wt.Jo,. ) COUNTY OF -WA The foregoing instrument was acknowledged before me by means of tf hysical presence or online notarization, this ritin day of t L 1 , 2006; by Nc.11 l'>uU 1,ar } , as ,re of h;tie knef,L, . Z7:. , a Ji_ cure , on behalf of the company. ey are personally known to merhave produced as identification. bodj,(Ack_i N TAPUBLIC KAY JO alDwEtt 'f/ Wit;. Notary Public•State of Florida I �' � 1l i Alit l '�; Commission HH 60893 (Name f Notary Typed, Printed, or Stamped) My Comm,Expires Feb 6,2029 Bonded through National Notary assn. imirWPINP•or•wmPwwillwarill""1 0/ ,, d NL Com ision No. 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 22 EXHIBIT A TASK ORDER TEMPLATE GAS V C,, :.z „Li TQN CITY OF BOYNTON BEACH Services Task Order Task Order No. Contractor: Contract No. 1. Task/Project Phase. (Insert title and brief description) 2. Detailed Scope of Work. A detailed scope of work under this Task Order, consistent with Agreement No. , is attached as Exhibit . The Contractor shall perform all labor, furnish all materials and equipment, and provide all services necessary to complete the work described. 3. Deliverables and Schedule. Contractor shall complete the work and deliver any required items or documentation in accordance with the schedule provided in Exhibit . Time is of the essence for completion of the Work.. 4. Compensation. The total Fee to be paid to Contractor under this Task Order shall not exceed based on the unit pricing or hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit The payment schedule (based on deliverables) is attached as Exhibit 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the Agreement, dated , 20 , by and between the City of Boynton Beach and ("Contractor"), Contract No. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Notice to Proceed. 0 If checked, Consultant's receipt of a fully-executed copy of this Task Order shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. ❑ If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Notice to Proceed. 9. Liquidated Damages. 25-020R5 Pre-Chlorinated Pipe Bursting of Potable Water Mains 23 Time is of the essence for the completion of the Work described in this Task Order. If the Contractor fails to achieve Substantial Completion or Final Completion by the respective dates set forth in this Task Order or the applicable Notice to Proceed, the Contractor shall pay the City liquidated damages as follows: Substantial Completion:$ per calendar day for each day or part of a day beyond the scheduled Substantial Completion date until Substantial Completion is achieved. Final Completion: $ per calendar day for each day or part of a day beyond the scheduled Final Completion date until Final Completion is achieved. These liquidated damages amounts are agreed upon by the Parties as a reasonable estimate of the damages the City will incur due to delay, including administrative and operational costs. The Parties acknowledge that the actual damages caused by such delays would be difficult to precisely determine. These liquidated damages shall not be considered a penalty but serve to compensate the City forits inability to timely use or occupy the Project.Liquidated damages shall apply separately to each portion of the Project with established deadlines for Substantial and Final Completion. CONTRACTOR: CITY OF BOYNTON BEACH By: By: Daniel Dugger, City Manager Print Name: Date: , 20_ Date: , 20 Attest: City Clerk City Attorney's Office Approved as to form and legality By: 25-020RB Pre-Chlorinated Pipe Bursting of Potable Water Mains 24 EXHIBIT B CONTRACT PRICE BID FORM 25-020R8 Pre-Chlorinated Pipe Bursting of Potable Water Mans 25-02ORB - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: April 21, 2025 8:00 AM Closing Date: May 23, 2025 2:30 PM Vendor Details Company Name: Killebrew, Inc. 2830 Winter Lake rd Address: Lakeland, Florida 33803 Contact: Dusty Stephens Email: dusty@killebrewinc.net Phone: 863-701-0273 Fax: 863-701-9204 HST#: 59-2952542 Submission Details Created On: Wednesday May 21, 2025 14:37:15 Submitted On: Friday May 23,2025 10:06:08 Submitted By: Dusty Stephens Email: dusty@killebrewinc.net Transaction#: c1 e43277-90a7-4c52-aa81-e3ab8735e2d6 Submitter's IP Address: 147.243.243.135 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Indemnification Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining, and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress, or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors, or discrepancies that it has discovered in the contract documents, and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the"Bid Form". Bidder agrees that the Work will be substantially performed and completed in accordance with the schedules established herein. Item No. Description Quantity Unit Unit Price Total 1.11.E Indemnification 1 Lump Sum $25.0000 $25.00 Subtotal: $25.00 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. General Conditions Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. FOR ITEM NO. 1.11.6 (APPLICABLE PERMIT ALLOWANCE). ENTER A ZERO (0)AS THE UNIT COST. FOR ITEM NO. 1.11.D (NPDES MAY NOT EXCEED 1.5% OF THE PROJECT COST). ENTER A ZERO (0)AS THE UNIT COST. Item No. Description Quantity Unit Unit Price° 1.11.A Mobilization/Demobilization per Project 1 LS $25,000.0000 1.11.A Maintenance of Traffic (MOT) Plan per 1 LS $15,000.0000 Project, City Right-of-Way 1.11.A Maintenance of Traffic (MOT) Plan per 1 LS $20,000.0000 Project, Palm Beach County FDOT Roadway 1.11.B Applicable Permit Allowance (actual cost 1 EA $1,500.0000 reimbursement by the City) 1.11.0 Pre- and Post- Construction Video 1 LS $2,000.0000 1.11.D NPDES (if applicable) May Not Exceed 1 EA $4,500.0000 1.5% of the Project Cost Surface Restoration Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price 1.11.F Sod 1 SF $2.0000 1.11.F 6" Concrete 1 SF $45.0000 1.11.F 3" Asphalt 1 SF $25.0000 1.11.G Curb 1 LF $100.0000 Open Cut Water Main - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price 1.11.H 6-Inch C-900 1 LF $150.0000 1.11.H 8-Inch C-900 1 LF $160.0000 1.11.H 10-Inch C-900 1 LF $170.0000 1.11.H 12-Inch C-900 1 LF $180.0000 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Pipe Bursting - Furnish and Install - per Linear Foot Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price' 1.11.1 6-inch HDPE DR11 by Pre-Chlorinated 1 LF $100.0000 Pipe Bursting 1.11.1 8-inch HDPE DR11 by Pre-Chlorinated 1 LF $120.0000 Pipe Bursting 1.11.1 10-inch HDPE DR11 by Pre-Chlorinated 1 LF $140.0000 Pipe Bursting 1.11.1 12-inch HDPE DR11 by Pre-Chlorinated 1 LF $200.0000 Pipe Bursting Valves and Fittings - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. HYDRANTS WILL BE FURNISHED BY THE CITY Item No. Description Quantity Unit Unit Price 1.11.J 4-Inch Gate Valve 1 EA $2,500.0000 1.11.J 6-Inch Gate Valve 1 EA $3,500.0000 1.11.J 8-Inch Gate Valve 1 EA $4,500.0000 1.11.J 10-Inch Gate Valve 1 EA $5,500.0000 1.11.J 12-Inch Gate Valve 1 EA $6,500.0000 1.11.J Miscellaneous Fittings 1 per pound $20.0000 1.11.J Install Fire Hydrant on a 6-Inch Water Main 1 EA $6,000.0000 1.11.J Install Fire Hydrant on a 8-Inch Water Main 1 EA $7,000.0000 1.11.J Tee 6x6x6 1 EA $1,000.0000 1.11.J Tee 8x8x6 1 EA $1,200.0000 1.11.J Tee 8x8x8 1 EA $1,500.0000 1.11.J Tee 10x10x6 1 EA $2,000.0000 1.11.J Tee 10x10x8 1 EA $2,500.0000 1.11.J Tee 10x10x10 1 EA $3,000.0000 1.11.J Tee 12x12x6 1 EA $3,500.0000 1.11.J Tee 12x12x8 1 EA $4,000.0000 1.11.J Tee 12x12x10 1 EA $4,500.0000 1.11.J Tee 12x12x12 1 EA $5,500.0000 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Customer Connections - Furnish and Install -Single or Double Services - Up to 1-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE -Up to 1-Inch Short Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $1,500.0000 1.11.K 8-Inch Water Main 1 EA $1,600.0000 1.11.K 10-Inch Water Main 1 EA $1,700.0000 1.11.K 12-Inch Water Main 1 EA $1,800.0000 Customer Connections - Furnish and Install -Single or Double Services - Up to 2-Inch Short Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE -Up to 2-Inch Short Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $1,600.0000 1.11.K 8-Inch Water Main 1 EA $1,700.0000 1.11.K 10-Inch Water Main 1 EA $1,800.0000 1.11.K 12-Inch Water Main 1 EA $1,900.0000 Customer Connections - Furnish and Install - Single or Double Services - Up to 1-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE -Up to 1-Inch Long Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $3,500.0000 1.11.K 8-Inch Water Main 1 EA $3,600.0000 1.11.K 10-Inch Water Main 1 EA $3,700.0000 1.11.K 12-Inch Water Main 1 EA $3,800.0000 Bid Number: 25-020RB Vendor Name: Killebrew, Inc. I Customer Connections - Furnish and Install -Single or Double Services - Up to 2-Inch Long Side Water Service Connection Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items,whichever appears to be in the best interest of the City. SINGLE OR DOUBLE SERVICE -Up to 2-Inch Long Side Water Service Connection Item No. Description Quantity Unit Unit Price 1.11.K 6-Inch Water Main 1 EA $4,000.0000 1.11.K 8-Inch Water Main 1 EA $4,500.0000 1.11.K 10-Inch Water Main 1 EA $5,500.0000 1.11.K 12-Inch Water Main 1 EA $6,000.0000 Line Stops - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price" 1.11.L 6-Inch Water Main 1 EA $10,000.0000 1.11.L 8-Inch Water Main 1 EA $11,000.0000 1.11.L 10-Inch Water Main 1 EA $12,000.0000 1.11.L 12-Inch Water Main 1 EA $15,000.0000 Dewatering - Furnish and Install Please Note: It is the intent of the City to award this bid based on the Price Proposals; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. Item No. Description Quantity Unit Unit Price* 1.11.M Well Point Set Up 1 EA $5,000.0000 1.11.M Well Point Operation and Maintenance 1 DAY $1,000.0000 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Cost Estimate Proposal (Scenario #1) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and 'NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#1 - Six-inch water main (Asbestos Cement Pipe) that runs a length of 700 linear ft. (from east to west) through the easement of a residential neighborhood at 3 feet deep. This water main loops the system; 30 residents (15 long services [ six (6) 2-inch taps and double services] and 18 short side [18 single 1-inch services]) are connected to it. The six-inch water main is wet-tapped off of a 16-inch transmission water main that is in an FDOT roadway and ties into an eight-inch water main 400 linear feet away onto a city roadway. Both six-inch valves are not leaking and are in good condition. Restore asphalt 500 sq. ft. of FDOT-approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to an eight-inch water main. Item No. Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $25,000.00 2 MOT 1 $15,000.0000 $15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Construction 1 $2,000.0000 $2,000.00 Video 6 NPDES 1.5% 1 $4,500.0000 $4,500.00 7 Indemnification 1 $25.0000 $25.00 8 Sod 300 $2.0000 $600.00 10 3" Asphalt 500 $25.0000 $ 12,500.00 13 8" C900 100 $160.0000 $ 16,000.00 17 8" DR11 PC WM PB 700 $120.0000 $84,000.00 25 Misc MJ Fittings 1000 $20.0000 $20,000.00 39 8x1 Short Service 18 $1,600.0000 $28,800.00 47 8x1 Long Sevice 15 $3,600.0000 $54,000.00 51 8x2 Long Service in 6 $4,500.0000 $27,000.00 Casing 58 Well Point Setup 4 $5,000.0000 $20,000.00 59 Wellpoint Operation and 10 $1,000.0000 $ 10,000.00 Maintenace Subtotal: $320,925.00 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Cost Estimate Proposal (Scenario #2) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and 'NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS.Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#2 - Ten-inch (Cast Iron Pipe) water main that runs 800 linear ft. in utility right-of-way at 6 feet deep. At a distance of 250 linear feet, the 10-inch water main reduces to an 8-inch water main (cast iron). Where the water main reduces from a 10-inch to an 8-inch water main, there is a 10-inch x 8-inch reducer and an 8-inch gate valve. Two (2) fire hydrant with (2) individual valve, is connected to the water main. There are resident service lines that are fed by this water main, 10 long-side service lines, and 10 short-side service lines (water services connections to be connected to 8-inch water main) for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 10 inches reduced down to 8 inches if possible. Item No. Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $25,000.00 2 MOT 1 $15,000.0000 $15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Construction 1 $2,000.0000 $2,000.00 Video 6 NPDES 1.5% 1 $4,500.0000 $4,500.00 7 Indemnification 1 $25.0000 $25.00 8 Sod 1000 $2.0000 $2,000.00 9 6" Concrete 250 $45.0000 $ 11,250.00 10 3" Asphalt 250 $25.0000 $6,250.00 13 8" C900 20 $160.0000 $3,200.00 14 10" C900 20 $170.0000 $3,400.00 17 8" DR11 PC WM PB 550 $120.0000 $66,000.00 18 10" DR11 PC WM PB 250 $140.0000 $35,000.00 21 6" GV 2 $3,500.0000 $7,000.00 22 8" GV 1 $4,500.0000 $4,500.00 25 Misc MJ Fittings 500 $20.0000 $ 10,000.00 27 FH on 8" 2 $7,000.0000 $14,000.00 29 8x6 Tee 2 $1,200.0000 $2,400.00 39 8x1 Short Service 10 $1,600.0000 $ 16,000.00 47 8x1 Long Service 10 $3,600.0000 $36,000.00 58 Well Point Setup 5 $5,000.0000 $25,000.00 59 Wellpoint Operation and 10 $1,000.0000 $ 10,000.00 Maintenance Subtotal: $300,025.00 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Cost Estimate Proposal (Scenario#3) Please prepare each scenario outlined by using the items submitted on the Bid Schedule Form (pages 40-42). Submit the cost estimate proposal for each scenario through our e-procurement site. Vendors are required to fill each column for each item proposed for each scenario. For the line items listed under the scenarios labeled 'Applicable Permit Allowance' and `NPDES (if applicable) May Not Exceed 1.5% of the Project Cost,' an estimated cost should be provided, if applicable to the scenario. The estimated cost is for informational purposes only and will not be used as a basis for awarding the contract. Bidders shall be deemed NON-RESPONSIVE if the cost estimate proposal for the scenarios is INCOMPLETE or CONTAINS ERRORS. Awarded Contractor shall be bound by the pricing submitted in the Bid Schedule. SCENARIO#3 - Six-inch water main (Asbestos Cement) that runs in utility right-of-way at a depth of four feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. The utility is asking that five (5) 8-inch x 6-inch tees be installed along the line; the position of tees will be specified by the utility, and five (5) 6-inch valves to coincide with each tee for future installation of five (5) fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short-side services and 20 long-side services for a total of 40 resident service lines (1-inch service line connections). The utility wants to upsize the water main from an 6-inch to a 8-inch water main. Item No. Description Quantity Unit Price Total 1 Mobilization/Demobilization 1 $25,000.0000 $25,000.00 2 MOT 1 $15,000.0000 $ 15,000.00 4 Permits 1 $1,500.0000 $ 1,500.00 5 Pre - Post Video 1 $2,000.0000 $2,000.00 6 NPDES 1.5% 1 $4,500.0000 $4,500.00 7 Indemnification 1 $25.0000 $25.00 8 Sod 1000 $2.0000 $2,000.00 9 6" Concrete 1000 $45.0000 $45,000.00 10 3" Asphalt 500 $25.0000 $ 12,500.00 13 8" C900 40 $160.0000 $6,400.00 17 8" DR11 PC WM PB 1000 $120.0000 $120,000.00 21 6" GV 5 $3,500.0000 $ 17,500.00 25 Misc MJ Fittings 500 $20.0000 $ 10,000.00 29 8x6 Tee 5 $1,200.0000 $6,000.00 39 8x1 Short Service 20 $1,600.0000 $32,000.00 47 8x1 Long Service 20 $3,600.0000 $72,000.00 58 Well Point Setup 5 $5,000.0000 $25,000.00 59 Wellpoint Operation and 10 $1,000.0000 $ 10,000.00 Maintenance Subtotal: $406,425.00 Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Summary Table Bid Form Amount Cost Estimate Proposal(Scenario#1) $320,925.00 Cost Estimate Proposal(Scenario#2) $300,025.00 Cost Estimate Proposal(Scenario#3) $406,425.00 Subtotal Contract Amount: $ 1,027,375.00 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid. We (I)certify that we (I) have read the entire document, including the Specifications,Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Description Response" Options Item 1 Company Name Killebrew Inc. 2 Address P.O Box 6258 Lakeland, FL 33807 3 Telephone (863)701-0273 4 City Lakeland 5 State Florida 6 Zip Code 33807 7 Contractor's License CGC1515807 Number 8 Federal Tax ID Number 59-2952542 9 Email address for above rich@killebrewinc.net signer 10 Indicate which type of Corporation Corporation organization from the list in the Options Column Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS -Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Description Response Item 1 I Hereby Acknowledge the Drug Free Information Above and Will Yes Abide by Everything in this Section. BIDDER'S QUALIFICATION STATEMENT Line Description Response Item 1 How many years has your organization been in 36 Years business under its present name? 2 If Vendor is operating under Fictitious Name, submit No evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business No operated? Also list former address(es) of that business, if any. 4 Have you ever been disbarred or suspended from No doing business with any governmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to Yes submission package. 6 Has your company ever declared bankruptcy? If Yes, No explain. Bid Number: 25-020RB Vendor Name: Killebrew, Inc. SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, 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, nor 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 toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Description Response* Item 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 r. Yes Information Above and Will Abide by Everything Outlined in this Section. r No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Description Response* Item 1 I Hereby Acknowledge the E-VERIFY Information Above and Will a Yes Abide By Everything in this Section. r No Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. FIRM'S PRIMARY OWNERSHIP Line Item Description Response 1 Does your firm employ more than 50 persons (including full-time and part-time Yes employees) 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your Yes firm for the past three years greater than $9 million? 4 Which of the following best describes the gender of your firm's primary owner Male (at least 51% ownership) 5 Which of the following best describes the ethnicity of your firm's primary Caucasian owner (at least 51%) 6 Please select the current certification your firm holds: (Note: Proof of None Certification must be included in Document Upload Section) 7 Indicate the agency or agencies that have granted the certification to your firm. State of Florida PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. Line Description Response Item 1 I Hereby Acknowledge the Palm Beach County Inspector General Yes Information Above and Will Abide by Everything in this Section. REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Company Name Legal Address' Contact Name` Phone Number° Email Address Item 1 Polk County Utilities 1011 Jim Keene Blvd, Ryan Bengsch 863-298-4193 RyanBengsch@polk- Winter Haven, FL 33880 county.net 2 Highland Homes 3020 Florida Ave S, Milton Andrade 863-619-7103 m.andrade@highlandhom Lakeland, FL 33803 es.org 3 City of Plant City 1802 Spooner Dr, Plant Quiltonya Grant (Tonya) 813-757-9208 tgrant@plantcitygov.com City, FL 33563 4 Polk County Utilities 1011 Jim Keene Blvd, Holden Wright 863-298-4193 HoldenWright@polk- Winter Haven, FL 33880 county.net 5 City of Lakeland 228 S. Massachusetts Jim Lilly (863) 834-8714 Jim.Lilly@lakelandgov.net Ave. I Lakeland, Florida 33801 Bid Number: 25-020RB Vendor Name: Killebrew, Inc. Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined)or"TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder/Proposer shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders/Proposers shall not indicate"TBD" (To Be Determined)or"TBA" (To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. p By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their "OWN FORCES". Line Work to be Performed* %Total Contract Contractor License Subcontractor Name I Address Subcontractor Phone/Email* Item No. 1 2 3 4 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1)document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s)cannot be opened or viewed, your Bid Call Document may be rejected. • Bid Bond and Bid Bond Acknowledgement-Bid Bond.pdf-Thursday May 22, 2025 21:33:35 • Non Collusive Affidavit&Acknowledgement- Non-Collusion SKM.pdf-Thursday May 22, 2025 21:46:00 • Scrutinized Companies and E-Verify Affidavits - E-Verify.pdf- Friday May 23, 2025 08:58:18 • Foreign Entity Ownership Affidavit-Compliance SKM.pdf- Friday May 23, 2025 09:01:16 • Anti Human Trafficking Affidavit- Human SKM.pdf- Friday May 23, 2025 09:01:33 • Trench Safety Act Affidavit-Trench SKM_C250i25052207360.pdf- Friday May 23, 2025 09:01:53 • Proof of State Certified or County Competency Licenses- Company Licenses Packet 2025.pdf- Friday May 23, 2025 09:02:47 • Certificate of Insurance-COI 2025.pdf- Friday May 23, 2025 09:03:01 • IRS Form W-9-W-9 2025.pdf- Friday May 23, 2025 09:04:02 • Anti Kickback Affidavit-Anti Kick SKM.pdf- Friday May 23, 2025 09:04:36 • Additional Document(optional) Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 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. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded 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 Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s)resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-020RB Vendor Name: Killebrew, Inc. 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation,familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor's relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor is intended to, or shall be construed to, create any third- party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30)calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Bid Number: 25-020RB Vendor Name: Killebrew, Inc. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor's possession. All records stored electronically by the 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. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Rich Bushart, VP, Killebrew, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes c No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 25-020RB Vendor Name: Killebrew, Inc. I have reviewed the File Name below addendum and Pages attachments(if applicable) 25-20RB Addendum No. 5 Thu May 22 2025 12:57 PM 1 25-20RB Addendum No.4 Wed May 21 2025 03:48 PM 1 25-20RB Addendum No.3 Wed May 21 2025 02:27 PM 1 25-20RB Addendum No.2 Mon May 12 2025 11:26 AM 1 25-20RB Addendum No. 1 2 Thu May 1 2025 09:38 AM Bid Number: 25-02ORB Vendor Name: Killebrew, Inc. %IN' O . r ` 'Y b C \,� r \ . u O A. , P ETON 0!v BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that N/A as Principal, and , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Dollars ($ ) lawful money of the United States,for the payment of which sum will and truly to be made,we bond ourselves,our heirs,executors, administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20 , for: NOW THEREFORE, A If the principal shall not withdraw such Bid within (120) calendar days after date of opening of the same, and shall within ten (10) business days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the City in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required,for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the City the difference between the amount specified in such Bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day of , 20 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2)Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer(affixed seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: Attorney-in-Fact (affix seal) Business Address City and State Name of Local Insurance Agency CERTIFICATE AS TO CORPORATE PRINCIPAL N/A , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the such Bid Bond on behalf of the Principal,was then of such Corporation;that I know their signature,and their signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public duly commissioned, qualified and acting, personally appeared by means of physical presence or online notarization to me well known, who being by me first duly sworn upon oath, says that they are the Attorney-in-Fact, for the and that they have been authorized by to execute the foregoing bond on behalf of the VENDOR named therein in favor for the City of Boynton Beach. T Y Op \� 0 4, LiP ETON04, CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: Vendor: N/A Name: Address: City/ State: ZIP: Phone: Bond Amount: SURETY BOND COMPANY: Name: Address: City/ State: ZIP: Phone: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. Date Agent and Attorney-in-Fact V p,, �*UN O CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AND UPLOADED ONLINE Rich Bushart VP , on behalf of Killebrew Inc. certify Print Name and Title Company Name that Killebrew Inc. 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 Vendor of the City's determination concerning the false certification.The Vendor 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 Vendor 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 proposal 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 Section 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above in the section entitled 'Vendor 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. Killebrew Inc. �2 COMPANY NAME SIGNATURE Rich Bushart VP PRINT NAME TITLE 05/21/2025 DATE The foregoing instrument was acknowledged before me, by means of El physical presence or O online notarization, this day of 1\1 at,1 , 20,.' , by (6L-1-SJ who is personally knowsi to me or who has produced as identification. Subscribed and sworn to before me This day of ,202_ r ( Notary Rubr Signature) KAY JO BIDWELL / p ' Notary Public•State of Florida I ' I/n )G, L/ W 7` Commission#HH 608493 My Commission Expires : os ryMy Comm.Expires Feb 6,2029 Bonded through Nationa,Notary assn. Ct.V OR TON NON-COLLUSION AFFIDAVIT AND CERTIFICATION OF PROPOSER THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE State of a ) County of Pak /) Rich Bushart , being first duly sworn, deposes and says that: 1) He/She is VP of fOliebrew Inc. , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 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 BID in connection with the Contract for which the attached BID 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 BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer 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. 6) BIDDER shall disclose below,to their best knowledge, any City of Boynton Beach officer or employee,or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the BIDDER's business,who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid non-responsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 relationship described herein shall be reason for termination of bid or award,whichever is applicable, with no time to cure. NAME RELATIONSHIP N/A Witnesses: BIDDER: Denise Henderson Signed: LAD Typed name: Name: RI ushart Maria Frias Title: VP Typed name: STATE OF FL _ ) COUNTY OF Polk The foregoing instrument was acknowledged before me, by means of D physical presence or 0 online notarization,this 'D day of I 1 1�T'f ,204b, by /L4t � i_I t ( . �' 1, , who is personally known to me or who has produced as identification. Subscribed and sworn to before me This %- _day of �'ti U i ( j ,20 im(1-4 •. i`Y'u"'. KAY JOBIDWELL (+P/ 0 '; Notary Public-State of Florida No P IC ign ure) Commission x HH 608493 Or My Comm.Expires Feb 6,2029 1 My Commission Expires: t_t �� L�. `) Sanded through National Notary Assn. 0 THIS PAGE IS TO BE SUBMITTED ALONG WITH THE BID FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 r OR 'z r�N H E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES THIS PAGE IS TO BE COMPLETED AND UPLOADED ONLINE Project Name: Pre-Chlorinated Pipe Bursting of Potable Water Mains Solicitation No.: 25-O2ORB 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,contract with,or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s.448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla. Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b)is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: illebrew In Authorized Signature: po---„) !✓� Print Name: Rich Busf art Title VP Date: 05/21/2025 Phone: (863)701-0273 STATE OF FL ) COUNTY OF Pak ) The foregoing instrument was acknowledged before me by.means of physical presence or ❑ online notarization, this r day of A( , ab..), �_b t y � �'- � l jt � lir ��on behalf of 1-4 1 t f bi 4-) T. L /sh� isC sonally kn to me or has produced as identification. U Notary OuDlic State of Florida //JJjjCommission HH b08aSJ } L14 )4 d7' My Comm.Expires Feb b.2029 lNOTARY PUBLIC bonded through National Notary Assn. Li LI J o r3�� 1. '" — (Name of Nbtary Typed, Printed or Stamped) 1-141- l+�f I l .( Title or Rank l )G` ' /(1 Serial number, if any �Yp,. �1 a _ u oA Zr • 0.- AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: §287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: 05/21 _, 2025 Signed: Entity: Killebrew Inc. Name: Rich Bushart Title: VP STATE OF L COUNTY OF SPC) �"1 The foregoing instrument was acknowledged before me, ,y4,_)---1.means of[�phy Ip esence or O online notarization, this " 1.. day of '1r�LL; , 20 , y . 1/4-. t ' t-j , },. 1 4 lore t,) � i i` A _ for ,z , Y1t; ,who is rsonally know919,,rtetbt;,":. who has produced as identification. , .''�•'' jr .."0.,••°,:r;;;.,,:..,:-4: -4, Notary Public Signature: \ �` State of Florida at Large (S i .a; �`�Jr. t. ' Print Name: KClt 4 o (- ) 1A We. ( ' : .1 ed ,.; 1i .. :►Fr• KAY JO BIDWELL I ;11'�� ? sit �/,�� ' Notary Public-State of Florida 1 / rrs .,,,,, ( 'a " Commission#HH 608493 My commission expires: i--�t-b' Li' % v/ q " ?,pf r� My Comm.Expires Feb 6,2029 I Bonded through National Notary Assn. I • t • u 'fir.,,• AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below(`Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking." k) , SA„../....---- Date: 05/21 , 2025 Signed: • Entity: Killebrew Inc. Name: Rich Bushart Title: VP STATE OF .1 L- COUNTY OF I 6)1( The foregoing instrument was acknowledged before me, by means of 0.pI rsical presenceor D online notarization this , -)- day f i i< < ( , 20'a , by _ k. Lit `„ {'1A1 as 1 1 ( .4 1 �� .4 aio...!;,!2,,, `i . 1 t .l' r J t`L'�J f,n L. ,who is onally known-'to rpe:pr,�,,,, ,;�'•: has produced as identification. ;r' A'4.•.t r•+”.� • // j rz.i7 : N _ •L : Notary Public Signature: �,(. State of Florida at Large"�•,S Ol civ; . ''y„�� ;• ii Print Name: `�'\iiL 1 )U f J)C� f ( 1 . s1;,. ".:',g- i{ ,f ,, r, ,.:-i, r, /8400490%, ( 'iirY•°`'' KAY JO 810NELL My commission expires:__L.4.---114,,24,)-4' jJ* ,, NotaryPublic•State of Florida ': . :kWei #HH 608493 . . ' My Comm.Expires Feb 6,2029 Bonded through National Notary Assn. ' V 0, 0 \ r ;y 1.tOH0- TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW,SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Killebrew Inc. Name of Proposer 4-4 Rich Bushart VP Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Shoring LF 1,000 5.00$ 5,000.00$ Trench Box I Ron DeSantis, Governor Melanie S. Griffin,Secretary 1 t s , '` ,!, Florida� r ' - STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489,. FLORIDA STATUTES . 11116 THOMAS, WILLIAM CLIFFORD IV 10..v.q KILLEBREW, INC. , LW% 2830 WINTER LAKE ROAD fide ` :`� , LAKELAND <<�t�. FL 33803 ' * _ Y , ==-_- ; • * . -i��' 7 sir LICENSE NUMBER: CG 807 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com 0.•w 0 ISSUED: 06/11/2024 r:-�TTt ry irir ', Do not alter this document in any form. -,-434,::: :7-... :o ' This is your license. It is unlawful for anyone other than the licensee to ❑ use this document. 1 , Ron DeSantis, Governor Melanie S. Griffin,Secretary �I1,__ . __.....,,,,,,,, d5 , r STATE OF FLORIDA �- � DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVAtION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS F CHAPTER 489, FLORIDA STATUTES • 4r, 11,7L7-4.0i:'t , :: :77.---- - / .7,-*----;,,4,,sei. di,_ TH. AS, WILLIAM CLIFFORD IV ,� '1 KILLEBREW, INC. - % S % :30 WINTER LAKE ROAD ' a m,,: LAK)ELAND ,`r.t►c. FL 33803 * *1..../ +-,� ail ;:.::::44c / LICENSE NUMBER: 0E1224160 1 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com 0 is l+A 0 ISSUED: 06/11/2024 :-A .• , Do not alter this document in any form. •:; ��o • This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor Melanie S. Griffin,Secretary i t , .. t, dr$ r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE PLUMBING CO N' ACTOR HEREIN IS CERTIFIED UNDER THE I PROVISIONS OF _CHAPTER 48 9,, FLORIDA STATUTES 1 07 '_: -;-'141-11.01 ':14:4iN 4.. cil` i--;' ' i ; ": pq/4".E , ! THOMAS, WILLIAM CLIFFORD IV �" KILLEBREW, INC. x.'2830 WINTER LAKE ROAD �•' * ' KELAND FL 33803 ' * / NI . so I LICENSE NUMBER: CFC1428425I EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com 0 x;';'21 0 ISSUED: 06/11/2024 Do not alter this document in any form. r 0 L iio• •. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis,Governor Melanie S. Griffin,Secretary 4, ► FBPE FLORIDA BOARD OF STATEOF FLORIDA PROFESSIONAL ENGINEERS BOARD OF PROFESSIONAL ENGINEERS = THE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 471, FLORIDA STATUTES • 1Wei • a "me THOMAS, WILLIAM CLIFFORD IV • I•0410401 SALISBURY STREET :0'RIVERVIEW FL 335690000 I • www f _ ? f • s w ww •ri•At_ ;:#r i LICENSE NUMBER: PE50664 EXPIRATION DATE: FEBRUARY 28, 2025 Always verify licenses online at MyFloridaLicense.com 0 .rLT rkDo not alter this document in any form. tfti Eior r).• This is your license. It is unlawful for anyone other than the licensee to use this document. ----- F I _ _,/ ,r,.\....V. lyt_ff ,,,,- .i-lkX4V liff, aer _ "l'itll lir , ,•_-/ ilk\ _71,.!/- , , ... .. ....:.. ..;i: e /,,S.. . %:.:7-----, '';',-•f ‘kfr:"1----: .:--S ff *--- ; '-'..' 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".'.., . ,•,-;:..6 -_, \. . 9 P .---..-- - Arff..ra. •A 14%.1010... . ---' 1 '‘.''NUIlik 7.` ' -4/ •?....s,,- 04. .4.16V- - : .A.ralfel.I;; Ii ili TaltiMMISP* orifi.. --.. f A --- — '- ''' . • . •I 4-• ' • t IIAU ZULU License Menu(Iogin.licenseMenu) dbpr =e 4 n • „.. 1 bBPR ( ONLINE SERVICES Registry 128720 Logged In as Henderson,Denise License Menu Select the function you wish to perform. License Issued To: KILLEBREW,INC. Press"Back”to return to the main menu. License Status: Current Originally Licensed On: 11/09/2000(mm/dd/yyyy) Expires On: Modifiers: Corporation 11/09/2000(mm/ddyyy /y ) -reimemmusrasomemmt functions Address Change Remove This License From My Account Sack The State of Rona Is an AMEEO cagey a LzC + eu-cr stat ii!I :sneer F1onCa law,email addresses an Outdid records.U you do not want your Muff address released h,0a904se to a outdo-records regvsat,do not sand electronic flat to this entitty.Instead,contact t a Office by ohms Or by Martens!raM.k1 you have any Questions,pNaa contact 1150.481.139S.•rursuent to Section 4SS.27S(1),Florida SOOrta,ettecWe October 1,2912,acerosees laeas d under Chester 4S5,ES.must provide(tae Deps-mart wen an aman seeress It they hart one The*mots provided may be used far"la! t e ilouree.However email addresses are Wide retold.It you do not rash to spptY a denote' address,pease provide the Department with an ental 6ddreet whkh can be made imitable to the public masse can our Chapter ate pipe to deter•ntne K you are affected by this charge, httpsflwww.myfloridalieanse.corn/datemortilio.nsoMenuFLDBPR.do?index.,.8 IM Drug Free Workplace Policy Statement Killebrew,Inc.(Killebrew)strives to maintain a safe,productive drug-free work environment.Killebrew considers the use of alcohol or drugs on the job to be an unsafe and counterproductive work practice.The abuse of drugs end alcohol is seen as a serious threat not only to Killebrew staff and customers but to the entire community. Killebrew,Inc.has written and implemented a Drug Free Workplace program In compliance with Florida Workers Compensation Rule 38-F9,Florida Statues 440.101 and 440.102,and the Federal Drug Free Workplace act of 1988. Employee drug testing and referral for counseling procedures have been Implemented along with provisions for supervisory and employee substance abuse education. Killebrew has established the following policy with regard to the use,possession,or sale of Illegal drugs or the abuse of alcohol.Substance abuse includes possession,use,purchase or sale of illegal drugs on Killebrew premises (including parking lots).It is against Killebrew policy to report to work or to undertake work under the influence of drugs or alcohol.This includes prescriptions drugs which induce an unsafe mental or physical state.The use,sale, purchase,possession,manufacture,distribution or dispensation of controlled substances(Illegal drugs)on Killebrew property or work sites Is against the law and Killebrew policy and is cause for immediate discharge. An employee reporting for work visible Impaired and/or unable to properly perform required duties will not be allowed to work.If possible,the supervisor noticing the impairment will first seek another supervisor's opinion of the employee's condition.The supervisor will then consult privately with the employee to determine the cause of the observation.Including whether substance abuse has occurred.If,in the opinion of the supervisor(s),the employee Is considered impaired but not under the influence of illegal drugs or alcohol,the employee will be sent home or to a medical facility by taxi or other safe transportation alternative,depending on the determination of the observed impairment,accompanied by the supervisor or another employee,If possible or necessary.tf, however,in the opinion of the supervisor(s)reasonable suspicion exists to Indicate the impairment is a result of the use of illegal drugs or alcohol,the employee will be asked to submit to a drug and/or alcohol test,transported to the designated drug screen collection site/medlcal facility,and then transported home If necessary.An impaired employ*.will not be allowed to drive. Killebrew,Inc.maintains a Drug Free Workplace for the protection of all employees,customers,clients,and the business as an entity.Florida law provides for a denial of Workers'Compensation medical and Indemnity benefits for employees,who are Injured while working and subsequently have a positive drug test result.[Florida Statute 400.102 and W.C.Rule 38F-9).Additionally,an employee who refuses to undergo post-accident drug testing will be denied Workers'Compensation medical end indemnity benefits(W.0 38F-9j.An employee having a positive drug test result will also seriously jeopardize his/hers eligibility for Unemployment Compensation benefits. Supervisors will counsel an employee whenever they see changes In performance that suggest an employee has a problem.The supervisor will suggest that the employee seek help with the problem through Killebrew Employee Assistance Program.—AMP—Alcohol&Substance Abuse Prevention Programs-800-329-6334 AC 10 , = ► : ► ,i • . S III , • ► • ,i • - AND DIRECTOO R L 1 C. The undersigned, being the Shareholder and Director of Killebrew, Inc., a Florida corporation, does hereby consent in writing to the adoption of the following Resolution, taking said action in lieu of an annual meeting as provided by Florida Statutes: RESOLVED AS FOLLOWS: That the persons) hereinafter named shall serve in the following described offices, to serve in such capacities until their successors are elected at the next annual meeting and qualify: President William C. Thomas, IV Vice- President Rich Bushart Vice-President Denise Henderson Vice-President Ian Lund Secretary Denise Henderson Treasurer Denise Henderson DATED: January 1, 2020 William C. Thomas, IV Shareholder and Director .. wally-ca.I Nuyer i-iza'a-Crnlpa'y tnfarmaden EViarrify , t - 1 Eniploynt�;nti;ligibilityVerification Cindy Adamson CCAADA1602 O8 PIA-020412016 IciOut Click any a for help Hons Company Information New Caw Ass Cases Company Nam.: Killebrew.Inc. View 1 Edit Basch Cases Company ID Number. 368030 Edit Doing Business As(DBA) Nam.: Clumae camas! DUNG Number. 087511572 Changs a.otrfty QUINAk..1 s Physical Location: Mailing Address: Eta1CompatyNaals Address 1: 2830 Winter Lake Road Address 1: P O Box 8258 Md New Us Address 2: Address 2: Vie't'Esker*Users City: Lakeland City: Lakeland Close Company Amnon: State: R Stat.: FL 2Ip Code: 33803 Zip Code: 33807-8258 View Repo l: County: POLK Vs*Esssn ..our*. Additional Information: Tale Tutorial Employer idsntiftoation Number:6 9 2 9 5254 2 View User Manual Total?limber of Etnployws: 20 to 99 Shen ideas Parent Orranlzation: Contact Un Administrator. Organization D nalfon: Employer Category: None of these categories apply NAICB Cods: 237-HEAVY AND CML ENGINEERING CONSTRUCTION WW1 Edit Total Mldnp Sites: 1 View 1 Edit Total Points of Contact: 1 Vitra I UR t).i.Dleeriee.BelH.orartdi_4.a/.rrww4+•aov U.Mrelmna.,awRu..Oita\swim w.waist. 4./ webs P.nwaw.Taaar. Aaa..11ar boorlxdAaswa httpsyte-verify.usds.govi mpen p0OyerWIZIrd.aapt M1M state of Florida Department of State I certify from the records of this office that KILLEBREW, INC. is a corporation organized under the laws of the State of Florida, filed on May 22, 1989. The document number of this corporation is K90178. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on February 7, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of February, 2025 -t d / • eft Iv!'" "0014 Secretary of tate Tracking Number:4925725712CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/Certificateo fstatus/CertificateAuthentication 2025 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#K90178 Feb 07, 2025 Entity Name: KILLEBREW, INC. Secretary of State 4925725712CC Current Principal Place of Business: 2830 WINTER LAKE RD. LAKELAND, FL 33803 Current Mailing Address: P 0 BOX 6258 LAKELAND, FL 33807-6258 US FEI Number: 59-2952542 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: HENDERSON,DENISE 2830 WINTER LAKE RD. LAKELAND,FL 33803 US The above named entity submits this statement for the purpose of changing Its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title P Title V Name THOMAS,WILLIAM C IV Name BUSHART,RICHARD S Address 10401 SALISBURY ST Address 10810 PATHFINDER TRL City-State-Zip: RIVERVIEW FL 33569 City-State-Zip: LAKELAND FL 33809 Title V Title VTS Name LUND,IAN A Name HENDERSON,DENISE M Address 6225 ELM SQUARE E Address 207 ROGERS TERR City-State-Zip: LAKELAND FL 33813 City-State-Zip: LAKELAND FL 33803 hereby certify that the informabon ind(cated on Mkt report or supplemental report r true and accurate and that my electronic signature£hart have the same laps,effect es If made under oath;that lam en officer or director of(he corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Ronde Statutes:end that my name appears above,or on as attachment with all other Ake empowered. SIGNATURE:DENISE HENDERSON VP 02/07/2025 Electronic Signature of Signing Officer/Director Detail Date Four -9 Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester.Do not In RevenuDepartment of e TSTreasuryGo to www.irs.gov/Form W9 for instructions and the latest information. send to the IRS. Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entityandividual.An entry is required.(For a sole proprietor or disregarded entity.enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) • 2 Business name/disregarded entity name,if different from above. 3a Check the appropriate box for federal tax classification of the entity/Individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to g only one of the following seven boxes. cenain entities,not individuals: c ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation IDPartnership 0 Trust/estate see Instructions on page 3): 0 0 LLC.Enter the tax classification(C=C corporation.S=S corporation,P=Partnership) . . Exempt payee code(if any) Note:Check the'LLC"box above and.in the entry space,enter the appropriate code(C,8,or P)for the tax classification of the LLC,unless it Is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax i5 b box for the tax classification of its owner. Compliance Act(FATCA)reportin C. ❑ Other(see Instructions) code 0y)f an g aI — Sb If on line 3a you checked'Partnership'or"Trust/estate,`or checked"LW*and entered'P"as its tax classification, (App+ies to accounts maintained g and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check of this box It you have any foreign partnere.owners,or beneficiaries.See instructions . . . , 0 outside the United States.) ® 5 Address(number,street,and apt,or suite no.).See Instructions. Requester's name and address(optional) • • 6 City,state,and ZIP code Hc l :Jt . 33 83 7 List account number(s)here(optionN) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid 1 Social security n"rri backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — I — entities,it Is your employer identification number(FIN).If you do not have a number,see How to get a Or - TIN,later. 1 Employer Identification number Note:tf the account Is in more than one name,see the instructions for line 1.See also What Name and t Number To Give the Requester for guidelines on whose number to enter. i. — + S ;e Part II Certification Under penalties of perjury,I certify that 1,The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me):and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding:and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)Indicating that I am exempt from FATCA reporting Is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign signatureignaeure of • HereS ...I...1 /' q U person _ Date /{ t General instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that It has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and Its Instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC'box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS Is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) ,—,..,RN KILLINC-01 KCROSBY A RI CERTIFICATE OF LIABILITY INSURANCE l °1 yi 24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer fights to the certificate holder In lieu of such endorsertwnt(s). PRODUCER atieCT Rachel Hutto PGIS,LLC dba Turner Insurance&Bonding Co. FAX PO Drawer 230789 ,No, (334)244-0004 (A1C,Neq: Montgomery,AL 36123 .rhuttoatttlrnertiri.corn I--_. 1N;11RIiRtSI ARORDINO COVERAGE _ MAIC• j INSURER A:Zuriah American Insurance 16535 INSURED p svq€RII:Travelers Property Casualty Co ,25674 Killebrew,Inc. INSURER c:Westchester Sttplus Lines Ins 10172 PO Box 6268 asuReie:Lloyd's of London 32727 Lakeland,FL 33807 INSURER E ~— _ INSURER F: COVERAGES tiERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR TYPE OF INSURANCE J� ylly POLICY MINI SR �yym I 4i tJAaT$ A X COMMERCIAL GENERAL warm,/ EACH OCCuRREt&CE $ 2,000,000 CLAIMS-MADEn OCCUR GLO2926059-05 1/1!2025 1/1/2026 s53;E , $ 100,000 MED EXP IMI oris gloom 10,000 — PERSONAL&ADV INJURY 5 2,000,000 . 1LAGG UWIT AIMS PER: GENERAL AGGREGATE 5 4,000,000 POLICY I X I] LOC PRODUCTS-COMPIOPAGO_; 4,000,000 — OTHER: _ A AUTOMOBILE LlAmtm �� — IEa mSINGLE LIMIT $ 2,000,000 X ANY AUTO I3AP2925060-08 1/1/2025 111/2026 BODILY INJURY IPfrDYaon1 ; OWNED ^SCHEDULED _AUTOSpg��ONLY _AUTOS BeoctILL�Y[I�WJUpR�Y(PKBodd,, T $ AUTOS ONLY AUTOS ONLY tZ MpOMtti ; $ B X uMeRELLA Lw X m OCCUR EACH OCCURRENCE ; 5,000,000 EXCESS UAB CLAIMS-MADE CUP-2X705277.25-NF 111/2025 1/1/2028 AGGREGATE ; DEO 1 X RETENTIONS 10,000 Aggregatep $ 5,000,000 A WORKERS—COMPENSATION AND EIIPL.OYLIASYJTY YIN I STATJTE ANY PROVPoETORIPARTNERIEXECUTIVE I WC2926058-05 1/1/2025 1/1/2026 E L EACH ACCIDENT FICF :474W EXCLUDED? NIA -3 aaaatocy In NH) E.L.OISEASE-EA EMPLOYEEJ NJeeclee under SG�RIPdTION OF OPERATIONS below el.DI$F.A$E-POLICY UMIT_,J C Contractor's Polluti D71780909 003 1/1/2024 11112026 per claim$IM I agg. 2,000,000 D Professional Llablli AXPCTRL00169-24 1/1/2026 11112026 each claim!aggreg. 2,000,000 1 cssc tern NOF OPERATIONS,LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached I mon space Is nquirod) ?:il.a . I s• a ER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BID PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016103) IV 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r POLK COUNTY LOCAL.BUSINESS TAX RECEIPT 'TCEIVED AUG 2 1 2024 ACCOUNT NO. 170537 CLASS: B+ EXPIRES: 09/30/2025 •OWNER NAME LOCATION WILLIAM C IV THOMAS 2830 WINTER LAKE RD LAKELAND j BUSINESS NAME AND MAILING ADDRESS CODE ACTIVITY TYPE KILLEBREW INC 540190 PROFESSIONAL ENGINEER KILLEBREW INC 230290 CONTRACTOR UNDERGROUND UTILEXC PO BOX 6258 230150 CONTRACTOR GENERAL LAKELAND.FL 338076258 230190 CONTRACTOR PLUMBING PROFESSIONAL LICENSE (IF APPLICABLE) OFFICE OF JOE G. TEDDER,CFC TAX COLLECTOR THISPOLrC COUNTY LOCAL BUSINESS TAX RECEIPT MUST +rr BE DISPLAYED AT THE BUSINESS LOCATION PMD-2541905 08/08/2024 HSP TP 57.75 KILLEBREW INC ____...'1 KILLINC-01 __ __ KCROSBY ACc o' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOIYYYY( 12/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER (FW CpNTACT Rachel Hutto PGIS,LLC dba Turner Insurance&Bonding Co. PHONE o,Ext (334)244-0004 FAx PO Drawer 230789 E(��,q�L P (ac,No): Montgomery,AL 36123 ADDRESS:rhutto@turnerfirst.com INSURER(S)AFFORDING COVERAGE _ NAIC It INSURER A:Zurich American Insurance _ 16535 INSURED INSURER B:Travelers Property Casualty Co 25674 Killebrew,Inc. INSURER c:Westchester Surplus Lines Ins 10172 PO Box 6258 INSURER D:Lloyd's of London 32727 Lakeland, FL 33807 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: _REVI$ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POUCY EXP LTR, TYPE OF INSURANCE INSO WVD POLICY NUMBER (MM/DD!YYYYI_IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE X OCCUR GL02925059-05 1/1/2025 1/1/2026 DAMAGE TO RENTED 100,000 PREMISES IEa txcurcence) S MED EXP(Any one person) S 10,000 PERSONAL 8 ADV INJURY •$ 2,000,000 GENII_AGGREGATE LIMIT APPLIES PER: 4,000,000 POLICY X PRO'CT X LOC GENERAL AGGREGATE $ 4,000,000 JEPRODUCTS-COMP/OP AGG� OTHER S A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY tEa eccidenll 5 2,000,000 X ANY AUTO BAP2925060-05 1/1/2025 1/1/2026 BODILY INJURY(Per person) 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BINJURY IPer accident) $ AUTOS ONLY AUTOS ONLY (PerOacadent)AMAGE B X UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 5,000,000 EXCESS LIAR CLAIMS-MADE CUP-2X705277-25-NF 1/1/2025 1/1/2026 AGGREGATE S DED X f RETENTIONS 10,000 Aggregate 5 5,000,000 A WORKERS COMPENSATION PER 0TH. AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WC2925058-05 1/1/2025 1/1/2026 E.L.EACH ACCIDENT $ 0FFICER/M EMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POUCY LIMIT $ C Contractor's Polluti G71780909 003 1/1/2024 1/1/2026 per claim$1 M/agg. 2,000,000 D Professional Liablli AXPCTRL00169-24 1/1/2025 1/1/2026 each claim/aggreg. 2,000,000 DESCRIPTOR OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BID PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form W'9 Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester.Do not Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/iindividual.An entry is required (For a sole proprietor or disregarded entity,enter the owner's name on line 1.and enter the business/disregarded entity's name on line 2.) Lr41 ,- . 2 Business name/disregarded entity name,if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1 Check 4 Exemptions(codes apply only to oonly one of the following seven boxes. certain entities,not individuals; a see instructions on page 3): o 111Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate • y ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . . Exempt payee code(f any) O Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o , box for the tax classification of its owner. Compliance Act(FATCA)reporting ❑ Other(see instructions) code(If any) CL C 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained Q. this box if you have any foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.) E 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) CO i-C.) i; 6 City,state,and ZIP code L�, ?_l «,,,� ; � • 336 3 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I, later. For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. J 9 Part II Certification J i Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of / J r Here u.s.person 4.‘ / i l�S:� 1L' Date 1)Al iLL.i. J General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it An individual or entity(Form W-9 requester)who is required to file an should check the"LLC"box and enter its appropriate tax classification. information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) 1 Y p� o r u } 4% *'oN • 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: / /6), { ✓ NAM SI ATURE Rich Bushart VP STATE OF FL ) COUNTY OF Polk The foregoing document was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this - day of 11�1k.Lt- , 20 , by I{� v :4,14.61.1(1.4 r , as tc_l� pf�S c�.G' of V,tl &Ir ' L., who is �-_personally known to me or who has produced as identificaation. Sworn and subscribed before me this --- day of I ) ),44,/ . 2024 c)61„)_<:, Printed Information: ( l t 6(.,4 tica_r NAME vP TITLE f/ ii 6.0( NOTARY PUtSLIC State of Florida at Large Killebrew Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP - - — — -- i*► "* KAY JO BIOWELL ` ,�� `: Notary Public-State of Florida � Commission k HH 608493 4 Nor r# My Comm.Expires Feb 6,2029 + Bonded through National Notary Assn. 1 The City of Boynton Beach DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beach,Florida 33435 (P): 561-742-6271 1(F):561-742-6274 www.bo vnto n-b each.o rq VENDOR INSURANCE REQUIREMENTS — PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operation s Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable. AMERICA'S GATEWAY TO THE GULFSTREAM 1 For any Contractor who has exempt status as an individual, the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepte d by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable)no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' AMERICA'S GATEWAY TO THE GULFSTREAM Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GULFSTREAM