R13-0851' RESOLUTION R13 -085
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
1 BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR
5 AND CITY CLERK TO EXECUTE AN INTERLOCAL
3 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
7 CITY OF BOYNTON BEACH REGARDING OPEN CUTS UNDER
3 COUNTY THOROUGHFARES; AND PROVIDING AN
3 EFFECTIVE DATE.
1�
11 WHEREAS, Palm Beach County has adopted policies and procedures that now require
12 the posting of a surety bond, or providing an Interlocal Agreement assuring the County that the
13 City will repair all open cuts under County thoroughfares; and
14 WHEREAS, in April, 2008, the City Commission of the City of Boynton Beach
15 approved an Interlocal Agreement between the City and Palm Beach County covering the
16 City's responsibilities following any open cuts under County roads within the Utility Service
17 Area; and
1 WHEREAS, that agreement has now expired and the attached will renew that
1 Agreement while enabling the City to avoid posting surety bonds whenever it undertakes work
2 on a County road; and
2 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
2 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
23 Beach to authorize execution of the Interlocal Agreement with Palm Beach County to allow the
24 City to proceed with the Reclaimed Water System Project and avoid the need for bonding
25 future work in the County thoroughfares that would require permits from the County.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach hereby authorizes
the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton
Beach and Palm Beach County regarding open cuts under County thoroughfares, a copy of said
Agreement is attached hereto and made a part here as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 20 day of August, 2013.
CITY OF BOYNTON BEACH, FLORIDA
c
r– erry aylor
C icer– Woo - r — oow L. Hay
Commissioner –David I Merker
Commissioner – Michae
wt�' r
Commissioner – Joe Casello
ATTEST:
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MMC
83\ Items \175\2537\ 3366 \Reso_ -_ ILA _with_PBC_for_open_cuts_(2013) doc
82013 '1367 RiS -085
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH REGARDING OPEN
CUTS UNDER COUNTY THOROUGHFARE ROADS
THIS AGREEMENT, made and entered into this day Ayr 2 2 20132013, by and
between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter "COUNTY "), and the
CITY OF BOYNTON BEACH, a municipality existing under the laws of the State of Florida,
(hereinafter "CITY ").
WHEREAS, the COUNTY has adopted certain policies and procedures regarding open
cuts across its thoroughfare and non - thoroughfare roads; and
WHEREAS, the CITY has agreed to follow the policies and procedures set forth by the
COUNTY regarding open cuts on COUNTY roads; however, the CITY shall not be required to
obtain a surety bond for the open cut, but, instead will be bound by the terms and conditions of
this Interlocal Agreement (Agreement); and
WHEREAS, the CITY agrees to be responsible for repairing the open cut, in accordance
with COUNTY policies and procedures, and all costs associated with such repair.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
Section 1. The above recitations are true and correct and are incorporated herein.
Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures,
PPM EL -O -3605 and PPM EL -O -3606, regarding open cuts on COUNTY thoroughfare and non -
thoroughfare roads and all open cuts shall be in compliance with these policies and procedures,
as amended from time to time. The polices set forth the requirements of permitting,
construction, and maintenance of the open cut as well as the requirement to obtain a surety bond
to insure the proper repair of the open cut. The current policies and procedures are attached as
Exhibit A.
Section 3. Work performed by the CITY: The CITY (any reference to CITY shall
include work performed not only by the CITY but by its contractors or sub - contractors) shall be
required to follow all of the requirements of the policies of the COUNTY regarding open cuts.
However, except as provided in d) below, the CITY shall not be required to obtain a surety bond
for such work and instead shall be bound by the following terms and conditions:
a) The CITY shall be responsible for repairing the open cut for a six (6) month
period after the final restoration of the open cut.
b) During and at the end of the 6 month period the COUNTY may request certain
repairs or further restoration be made to the open cut, in which case, the CITY
shall make such repairs or restoration within thirty (30) days of receiving written
notice from the COUNTY.
C) In the event the CITY fails to make such repairs within the time frame allowed or
such repairs are inadequate after the thirty (30) day notice and opportunity to cure
required by Section 8, or emergency repairs are required, the COUNTY may
make such repairs as it deems necessary and invoice the CITY for the cost of such
work. Upon receiving such invoice the CITY shall, within forty -five (45) days,
make payment to the COUNTY.
d) Work involving open cuts on COUNTY thoroughfare and non - thoroughfare
roads, performed for the CITY by Contractors, having a value of more than
$200,000, shall be bonded under a Payment and Performance Bond and name the
County as an obligee in accordance with Florida Statute Chapter 255.05.
e) The CITY shall, at its sole expense, agree to maintain in full force and effect at all
times during the life of this Agreement, insurance coverage and limits (including
endorsements), as described as follows: CITY agrees to maintain, or self - insure,
Worker's Compensation & Employer's Liability insurance in accordance with
2
Florida Statute Chapter 440. CITY agrees to provide a statement, or Certificate of
Insurance, evidencing insurance or self - insurance for the above required
coverages. CITY agrees to maintain its self - insurance or insurance shall be
primary as respects to any coverage afforded to or maintained by COUNTY.
CITY agrees compliance with the foregoing insurance requirements is not
intended to nor construed to relieve CITY of its liability and obligations under
this Agreement. CITY shall agree to provide the COUNTY with at least ten days
(10) prior notice of any cancellation, non - renewal or material change to the
insurance coverage.
f) In the event the CITY engages a contractor to perform work associated with this
Agreement, the CITY will require each contractor engaged by the CITY to
maintain:
1) Commercial General Liability or Business Auto Liability, at limits not less
than $500,000 each occurrence. CITY agrees to have contractor endorse
Palm Beach Countv Board of County Commissioners as an "Additional
Insured" to the Commercial General Liability, but only with respect to
negligence other than County's negligence arising out of this Agreement.
This paragraph does not apply to liability policies which afford only
indemnity based claims -bill coverage.
2) Worker's Compensation & Employer's Liability insurance in accordance
with Florida Statute Chapter 440.
Section 4. Area Subject to Agreement: The terms of this Agreement shall apply to
all open cuts performed by the CITY, on COUNTY thoroughfare and non - thoroughfare roads
located in the CITY 'S utility service area.
Section 5. Term: This Agreement shall be terminated by either party upon a 60 day
91
written notification so long as there are no outstanding permits for which sureties were waived
under this agreement in which case the agreement will remain in full force and effect until the
open permit(s) are satisfactorily closed out.
Section 6. Indemnification: In the event a claim or lawsuit is brought against the
COUNTY, its officers, employees, servants or agents, the CITY , to the extent set forth in
Florida Statute 768.28 ($200,000 per person/$300,000 per claim) agrees to save, defend,
reimburse, indemnify and hold harmless the COUNTY, its officers, employees, servants and
agents from any and all claims, demands, damages, liabilities, causes or actions, legal or
administrative proceedings, judgments, interest, attorney's fees, costs and expenses of
whatsoever kind or nature, whether arising in any manner directly or indirectly caused. The
CITY 'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof,
shall apply to the extent set forth in F.S. 768.28, but in no event shall they apply to liability
caused by the negligence of the COUNTY, or its agents, servants, employees or officers. This
indemnification is also mutual from COUNTY to CITY.
Section 7. Notice of Complaints or Suits: Each party will promptly notify the other of
any citizen complaint, claim, suit, or cause of action threatened or commenced against it which
arises out of or relates, in any manner, to the performance of this Agreement.
Section 8. Breach and Opportunity to Cure: The parties expressly covenant and agree
that in the event either party is in default of its obligations under this Agreement, the party not in
default shall provide to the defaulting party thirty (30) days written notice before exercising any
of its rights.
Section 9. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions of this Agreement shall be
borne by the respective parties; provided, however, that this clause pertains only to the parties to
this Agreement.
4
Section 10. Notice: All notices required to be given under this Agreement shall be in
writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to
the following: As to the COUNTY:
Palm Beach County Engineering Department
Land Development Division
Joanne M. Keller, P.E., Director
2300 North Jog Road
West Palm Beach, Florida 33411 -2745
As to the CITY:
City of Boynton Beach
Attention: Director of Utilities
City Hall: 100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
With a copy to:
City of Boynton Beach
Attention: City Attorney
City Hall: 100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Section 11. Modification and Amendment: Except as expressly permitted herein to the
contrary, no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
equality of dignity herewith.
Section 12. Remedies: This Agreement shall be construed by and governed by the laws
of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be
held in Palm Beach County. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. To encourage prompt and equitable resolution of any litigation, each party hereby
waives its rights to a trial by jury in any litigation related to this Agreement.
5
Section 13. Joint Preparation: The preparation of this Agreement has been a joint effort
of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
Section 14. Execution: This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
Section 16. Effective Date: This Agreement shall take effect upon execution.
Section 17. Compliance with Codes and Laws: Each party agrees to abide by all laws,
orders, rules, policies and regulations.
Section 18. Access and Audits: The TOWN shall maintain adequate records to justify all
charges, expenses, and costs incurred in estimating and performing work associated with this
Agreement for at least three (3) years after completion or termination of this Agreement. The
COUNTY shall have access to such books, records and documents as required in this section for
the purpose of inspection or audit during normal business hours, at the TOWN.
The COUNTY has established the Office of the Inspector General in COUNTY Code
Section 2 -421 — 2 -440, as may be amended. The Inspector General's authority includes but is
not limited to the power to review past, present and proposed COUNTY contracts, transactions,
accounts and records to require the production of records and to audit, investigate, monitor and
inspect the activities of the TOWN, it's officers, agents, employees and lobbyists in order to
ensure compliance with Agreement requirements and detect corruption and fraud.
M
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of COUNTY Code Section 2 -421 — 2 -440, and punished
pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
Section 19. FULL FORCE AND EFFECT: In the event that any section, paragraph,
sentence, clause or provision hereof is held in valid by a court of competent jurisdiction, such
holding shall not affect the remaining portions of this Agreement and the same shall remain in
full force and effect.
Section 20. DISCRIMINATION. The COUNTY and TOWN agree that no person shall,
on the grounds of race, color, gender, national origin, ancestry, marital status, sexual orientation,
disability, religion or creed, or age be discriminated against in performance of this Agreement.
[Signatures on following page.]
7
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal
Agreement on the day and year first written above.
ATTEST:
Sharon R. Bock, Clerk
& Comptroller
M
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
ATTEST:
IN
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
C
Steven L. Abrams, Mayor
APPROVED AS TO TERMS AND CONDITIONS
It
County Engineer
CITY OF BOYNTON BEACH
Mayor
I - i . :.'11, A, T.rr. t; P, A a :I P,I] Iii i., i ., ti- i .
1:I
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal
Agreement on the day and year first written above.
R2O13 .1.1.6_7 Xi 2 2 2013
ATTEST: PALM BEACH C , FLORIDA, BY
Sharon R. Bock, Clerk ITS BOARD OF COUNTY COMMISSIONERS
& Comptroller �,,,.u"`...` „, %
'''Oill p
By' AEY eidi i iii.4K:..._A•iii.._ '
Deputy fJerl5 i COUNT Y Steven L. Abrams, Mayor
/ :p: ;°1
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�',d•. FlOA1DP : Z•s
APPROVED AS TO FO .9 r .•A1�1 S APPROVED AS TO TERMS AND CONDITIONS
1
LEGAL SUFFICIENCY ”` "\\\•••••• "���
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By: (1)(i ) (i ir k /c i By: (jam) n)E ki-/l�.
Assistant County Attorney Count Engineer pi--
ATTEST: CITY OF BOYNTON BEACH
By: ► ► L • B y: i
ty Clerk f M., ayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
4
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B Y 1 1 a 4 .`
City A o e " •
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8
PALM BEACH COUNTY
DEPARTMENT OF ENGINEERING & PUBLIC WORKS
LAND DEVELOPMENT DIVISION
TO: All Division Personnel PPM NUMBER: EL -O -3605
FROM: Joanne M. Koerner, P.E. Director ISSUE DATE: 05/17/2011
Land Development Division
EFFECTIVE DATE: 05/17/2011
SUBJECT: Open -Cut Policy for Thoroughfare Plan Roads
Contact Position(s): Professional Engineer
Project Coordinator
Electronic Permitting Specialist
Authority: Ordinance 2008 -006
Countywide PPM #CW -F -055
Purpose: To establish uniform procedures for reviewing and permitting open- cutting of
County Maintained Roads listed on the Thoroughfare Right of Way Identification
Map (Thoroughfare Plan).
Policy: The following policy statements shall be used when applying the procedures
described herein:
1. Whenever possible all utilities shall be installed in County maintained
rights of way shown on the County's Thoroughfare Plan without
disturbing existing pavement.
2. Where it has been deemed necessary to open cut a County maintained
Thoroughfare Plan road for any type of work, all work and procedures
shall be conducted in accordance with this PPM.
3. Surety will be required to guarantee that the workmanship of the open -cut
and reconstruction of the roadway shall be in strict conformance with this
PPM. Surety will be released if after six (6) months from the date of the
initial satisfactory field review; the restoration is found acceptable.
4. Palm Beach County Departments and Divisions will be exempt from
providing surety.
Page 1 of 5 PPM No. EL -O -3605
5. The Engineer -of- Record will provide full -time inspection during the entire
open -cut operation, beginning with the excavation and continuing through
completion of the paving.
6. A Surface Transition Area overlay or mill and resurface for a distance of
50' on each side of the open cut for a full lane width shall be provided for
open cuts on Thoroughfare Plan Roadways.
7. The Surface Transition Area overlay noted in Policy 6 shall not be
required if re- surfacing or re- construction of the roadway section is
scheduled within the next twenty -four (24) months. In this case, only the
pavement within the ditch width will be replaced.
8. Certification from the Project Engineer that the work was conducted in
accordance with Palm Beach County standards and the Permit shall be
provided within two weeks of the completion of the work.
9. Failure to submit the required certification within six (6) months after the
final restoration of the open cut will result in the work not receiving a
Final Inspection and the Posted Surety being drawn and transferred to the
Road and Bridge Division, Roadway Maintenance Account.
Procedure:
1. Upon receipt of a permit application, in accordance with PPM #EL -O -3601
— Right of Way Construction Permit Process, requesting the open- cutting
of a County maintained Thoroughfare Plan road, the Project Coordinator
shall forward the submitted plans to the Director of the Road & Bridge
Division for review.
2. The Road & Bridge Division reviews the proposal and returns a
recommendation of approval or denial to the Land Development Division.
A justification is requested for all recommendations of denial.
3. If the Road & Bridge Division recommends approval of the open -cut, the
Project Coordinator shall continue the review of the application.
4. If the Road & Bridge Division does not recommend approval of the open -
cut, the Project Coordinator shall notify the applicant that his request will
not be approved and an alternative design will be required. An appeal of
this decision can be made to the Deputy County Engineer by requesting
such an appeal in writing to the Project Coordinator. The Project
Coordinator will then request the Land Development Director determine
whether a meeting is warranted and, if so, to arrange for a meeting with
the Deputy County Engineer, the Director of the Road & Bridge Division
and the Project's Engineer -of- Record.
Page 2 of 5 PPM No. EL -O -3605
5. Concurrently, the Project Coordinator shall confirm that the plans for the
proposed open -cut are in conformance with the County's Open Cut Detail
for Thoroughfare Plan Roads (Form 3605.1) and PPM# EL -O -3601 and
that the Open Cut Detail is shown on the submitted construction plans.
6. The Project Coordinator shall review the Engineer's signed and sealed
Opinion of Cost for the open cut including maintenance of traffic and all
other work in accordance with this PPM but excluding the cost of the pipe.
Upon acceptance of the Opinion of Cost, the Project Coordinator shall
establish the surety amount at 110% of the Engineer's Opinion of Cost.
7. A surety in excess of $25,000.00 may be paid by a Clear Irrevocable
Letter of Credit meeting all the requirements of Countywide PPM #CW -F-
055, with the original expiration date established two (2) years from the
date of issuance (Letter of Credit - Form 3605.11).
8. A Performance Bond/Blanket Surety (Form 3605.8) to cover multiple
Permits for Qualifying Utility Providers may also be accepted. The form
and conditions of a Performance Bond/Blanket Surety requires the
approval of the County Attorney.
9. In lieu of surety, an Inter -local Agreement between the County and other
municipalities and tax districts may be approved (Form 3605.9).
10. Prior to releasing the permit, the Electronic Permit Specialist shall receive
the surety required to guarantee the satisfactory construction and repair of
the open cut. If the surety is a check, the Electronic Permit Specialist shall
prepare a Surety Deposit Memo (Form 3605.3) to Engineering
Administrative Services, attach the check to the form and include the
check and the Transmittal Memo with the other fees in accordance with
PPM #EL -F -3201 — Receipt Procedures for the Permit Section.
In the event the surety is in the form of an acceptable Letter of Credit, the
Electronic Permit Specialist shall make entries into the Permit Database
confirming that the surety has been posted. The surety shall be held in a
locked safe in the Land Development Division. The entry on the Permit
indicating the posted surety will serve as a receipt to the Applicant.
In the event of a Performance Bond/Blanket Surety or Inter -local
Agreement, a note indicating the type of guarantee shall be entered into E-
Permitting by the Electronic Permit Specialist.
11. After the Engineer -of- Record submits the certificate of completion and
Construction Coordination has conducted a satisfactory Final Inspection,
the Coordinator II in Construction Coordination will enter the Initial
"Final Inspection" date on the Inspection tab in E- Permitting which will
Page 3 of 5 PPM No. EL -O -3605
show up in the Project Coordinator's "Finalized with Surety" folder. The
"six (6) month follow up date" will be automatically entered by the E-
Permitting system. The Project Coordinator will merge the Completion
Notice for Permits Requiring Surety (Form 3605.7) and in accordance
with PPM #EL -O -3601 Right of Way Construction Permit Process.
12. Once a month a Re- Inspection Report (Form 3605.2) will be created and
distributed to the Coordinator II in Construction Coordination advising
which projects require a six (6) months re- inspection in accordance with
Policy 3 of this PPM.
13. After the required six (6) month period, Construction Coordination will
perform a re- inspection of the open cut surface and fill in a "Follow up
Final" date on the Inspection Tab of the E- Permitting. The project will
then show up in the Land Development reviewer's "Finalized by
Construction Coordination" Folder.
14. If Construction Coordination accepts the restoration as adequate the
permit is then considered complete and the guarantee can be released. If
the surety was posted in the form of a Letter of Credit, the Electronic
Permit Specialist shall remove the Letter of Credit from the safe and return
it to the party posting the Letter of Credit along with the Surety Release
Letter of Credit (Form 3605.10). For all other types of guarantees, the
Project Coordinator initiates Form 3605.4 (Final Review /Surety Release
Memo) to Administrative Services requesting the surety be returned to the
Remitter. A copy of this form will be provided to the permittee and/or
Remitter.
15. If the six (6) month re- inspection is found unsatisfactory, the Coordinator
II in Construction Coordination sends form (Form 3605.6 — Notice of
Additional Work Required) to the applicant giving the applicant thirty (30)
days from date of re- inspection to correct the deficiencies.
16. If the restoration is not completed and given a satisfactory inspection after
the thirty (30) day period, the Coordinator II notifies the Electronic Permit
Specialist who will initiate the memo (Form 3605.5 — Surety Transfer to
Road and Bridge) to Administrative Services requesting transfer of the
surety to the Road & Bridge Division's roadway maintenance account.
The Road & Bridge Division will complete the restoration.
17. The guarantee can be released if the restoration required in Procedure 15
above is given a satisfactory inspection. The surety shall be released in
accordance with Procedure 14 above.
18. At the County's discretion for emergency situations, the County may
make emergency repairs with little or no notice to the permittee. All costs
Page 4 of 5 PPM No. EL -O -3605
associated with these repairs shall be the permittee's responsibility.
Forms: The following forms are associated with this directive and are contained in
Volume 3 of the Appendix of the Land Development Division Manual:
3605.1 Open -cut Detail for Thoroughfare Roads
3605.2 Monthly Re- Inspection Report
3605.3 Surety Deposit Memo
3605.4 Final Review /Surety Release Memo
3605.5 Surety Transfer to Road and Bridge
3605.6 Notice of Additional Work Required
3605.7 Completion Notice for Permits Requiring Surety
3605.8 Performance Bond/Blanket Surety Example
3605.9 Inter -local Agreement Example
3605.10 Surety Release Letter of Credit
3605.11 Letter of Credit Example
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
APPROVALS:
Division Director: AAA/A/4_1( koc-e,m." Date: O S /! /20 / 1
// / Date: 7/1 '7!!
Department Director: ' / / 0 / Date.
Supersession History:
1. PPM #EL -O -3605 issued 5/7/09
2. PPM #EL -O -3605 issued 1/9/08
Page 5 of 5 PPM No. EL -O -3605
OPEN CUT DETAIL FOR THOROUGHFARE ROADS FORM 3605.1
(PAVED AREAS)
* Surfoce Surface Replacement Surface
Trans' t on Transition
CENCTRIIPT If1N PRflf FfNIRFS Area (See Note 6 ) Area
THE BACKFILL FOR THE FIRST AND SECOND 6" Ditch Width 6"
STAGES SHALL BE PLACED IN 6" LAYERS W + 4ft
(COMPACTED THICKNESS) AND SHALL BE Original
COMPACTED TO 1007. OF MAXIMUM DENSITY Base
immgammmomm
AS DETERMINED BY AASHTO T-99. i ; `,�, A \ "� ` `"
STAGE 1: E o v Replacement
o
THE CONTRACTOR SHALL PROVIDE ADEQUATE L Bose (See note 2)
w
COMPACTED FILL BENEATH THE HAUNCHES n p
OF THE PIPE. USING MECHANICAL TAMPS 7 Identification
SUITABLE FOR THIS PURPOSE. THIS �' ! 7 Tape
COMPACTION APPLIES TO THE MATERIAL o (See note F)
PLACED BENEATH THE HAUNCHES OF THE } Dio. Vories
PIPE AND ABOVE ANY BEDDING REOUIRED. in 4
STAGE 2: 12 " Varies' 12"
Min. W Min.
THE CONTRACTOR SHALL OBTAIN A
WELL- COMPACTED BED AND FILL ALONG THE REPLACEMENT OF FLEXIBLE
SIDES OF THE PIPE AND TO A POINT
INDICATING THE TOP OF SUB -GRADE PAVEMENT FOR PERMITTED
MATERIAL. PAVEMENT CUT
CONSTRUCTION NOTE$
1) BEDDING SHALL CONSIST OF IN -SITU GRANULAR MATERIAL OR WASHED AND GRADED LIMEROCK 3/8" - 7/8" SIZING
WITH EQUAL OR GREATER STRUCTURAL ADEQUACY AS EXISTING. UNSUITABLE IN -SITU MATERIALS SUCH AS MUCK.
DEBRIS AND LARGER ROCKS SHALL BE REMOVED.
2) REPLACED BASE MATERIAL OVER DITCH SHALL BE 16" MINIMUM FOR THOROUGHFARE PLAN ROADS.
3) ASPHALT CONCRETE PAVEMENT JOINTS SHALL BE MECHANICALLY SAWED AND BUTT - JOINTED.
4) BASE MATERIAL (PER ROADWAY PRODUCTION DESIGN STANDARDS) SHALL BE PLACED IN TWO OR THREE LAYERS
(6 " MAX. PER LAYER) AND EACH LAYER THOROUGHLY ROLLED OR TAMPED TO THE SPECIFIED DENSITY.
5) * SURFACE TRANSITION AREA (SEE PLANS FOR LOCATION). OVERLAY OR MILL /RESURFACE FOR A
DISTANCE OF 50 "ON BOTH SIDES OF THE OPEN CUT AND FOR A FULL LANE WIDTH.
61 1" SIII ASPHALTIC CONCRETE OVER 1 SI ASPHALTIC CONCRETE WITH RC -70 PRIME COAT AT 0.10 GAL /SO. YD.
7) PIPE SHALL BE PLACED IN A DRY TRENCH.
GENERAL NOTES
A) ALL ROADWAY REPAIR WORK SHALL BE PERFORMED IN CONFORMANCE WITH APPLICABLE FDOT STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION AND COUNTY PPM# EL -0 -3605.
61 DENSITY TESTS SHALL BE TAKEN IN 1 FT LIFTS ABOVE THE PIPE AT INTERVALS OF 400 FT MAXIMUM
(1 SET MINIMUM) OR AS DIRECTED BY THE CONSTRUCTION COORDINATION DIVISION. RESULTS SHALL
BE SUBMITTED TO CONSTRUCTION COORDINATION DIVISION AS PART OF THEIR FIELD REVIEW.
C) ENGINEER -OF- RECORD WILL PROVIDE FULL -TIME INSPECTION DURING THE ENTIRETY OF THE OPEN -CUT OPERATION.
BEGINNING WITH THE EXCAVATION AND CONTINUING THROUGH THE COMPLETION OF THE PAVING.
D1 IF THE PAVEMENT IS NOT COMPLETELY RESTORED IMMEDIATELY FOLLOWING THE OPEN CUT. A SMOOTH TEMPORARY
PATCH (MINIMUM 1.25" ASPHALT) SHALL BE INSTALLED. PROPERLY MATCHING THE EXISTING GRADING OF THE
ROADWAY. THE TEMPORARY PATCH SHALL BE ALLOWED TO REMAIN IN PLACE AND BE MAINTAINED FOR A PERIOD NO
LONGER THAN 45 DAYS. THE COUNTY RETAINS THE RIGHT TO USE POSTED SURETY TO COMPLETE ANY RESTORATION
WORK THAT HAS NOT BEEN COMPLETED IN THE 45 DAYS PERIOD. ALTERNATIVE TEMPORARY TRENCH PROTECTION
(STEEL PLATES OR OTHERS) MAY BE APPROVED BY THE CONSTRUCTION COORDINATION DIVISION .
E) THE FINAL RESTORATION. THE ROAD SHALL BE MILLED /RESURFACED FOR A FULL LANE WIDTH OF THE TRAVEL LANES
ENCROACHED BY THE TRENCH AREA. INCLUDING A TRANSITION AREA OF 50 FT DN EACH SIDE OF THE TRENCH.
THE PAVEMENT SHALL BE MILLED AND RESURFACED PER CONSTRUCTION NOTE 6.
F) APPROVED MAGNETIC TAPE IS REOUIRED FOR ALL MAIN PRESSURE PIPES AND CONDUIT IN THE COUNTY'S
RIGHT -OF -WAY. INSTALL TAPE 24" BELOW FINISHED GRADE.
G) CONTINUOUS 4 " WIDE PAINT STRIPING IS REQUIRED FOR DIP /PCCP WATER MAINS (BLUE). DIP SANITARY
MAINS (GREEN).DIP RECLAIMED WATER MAINS (PURPLE). GAS MAINS (YELLOW). OR AS REQUIRED
BY THE APWA.
05/17/2011
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FORM 3605.3
INTEROFFICE MEMORANDUM
Department of Engineering
TO: , Director
and Public Works Administrative Services
P 0 Box 21229
West Palm Beach, FL 33416 -1229 FROM: «No Data»
(561) 684 -4000 Land Development Division, Permit Section
Fax. (561) 000 -0000
��,.�a �hcgg� cam DATE: 09/12/2007
SUBJECT: SURETY DEPOSIT FOR PERMIT: UT21016
PROJECT NAME: LYONS ROAD - 12" WM & 8" FM
EXETNSION
Palm Beach County
Board of County Commissioners ROAD AND DESCRIPTION: LYONS RD
Addle L Greene, Chairperson
Jeff Koons, Vice Chair
Karen T Marcus
EXPIRATION DATE: «No Data»
Robert J. Kanjian
Mary McCarty INTERNAL REFERENCE NO.: «No Data»
Burt Aaronson
Jess R Santamaria CHECK NO. IN THE AMOUNT OF «No Data»
This check is to guarantee compliance with the above permit. Your office
County Administrator will be notified when the permit has been completed and the surety can be
Robert Weisman returned.
Enclosure: Check No. for «No Data» w /copy of permit
File: Permit No. UT21016
Surety «No Data»
AAn Equal Opportunity
Affirmative Action Employer@
Surety Deposit
FORM: 3605.4
INTEROFFICE MEMORANDUM
Department of Engineering TO: Alexis Willhite, Director
and Public Works Administrative Services
P O Box 21229
West Palm Beach, FL 33416 -1229 FROM: «Reviewer»
(561) 684 -4000 Land Development Division, Permit Section
Fax (561) 000 -0000
wv.tibco�_c�m DATE: «Current_ Date»
SUBJECT: SURETY RELEASE FOR PERMIT «permit_num»
PROJECT NAME: «Project_Name»
Palm Beach County ROAD AND DESCRIPTION: «Road_And
Board of County Commissioners
«commissionerl» INTERNAL REFERENCE NO.: «Appl_Job_Num»
«commissioner2»
«commissioner3»
The above permit has been given a final review by the Construction
«commissioner4» Coordination Division. Please return the surety amount of
«commissioner5» «Surety_fee_amt» to:
«commissioner6»
«commissioner7» «LOC NAME»
«LOC ADDRESS1»
«LOC CITY», «LOC STATE» «LOC ZIP»
County Administrator
Robert Weisman Enclosures: copy of deposit memo and check
File: Permit No. « permit_num»
Surety «Surety_Year»
Surety Release
"An Equal Opportunity
Affirmative Action Employer"
FORM 3605.5
c°
��oRxtx,�
INTEROFFICE MEMORANDUM
Department of Engineering
and Public Works TO: , Director
Administrative Services
P.O Box 21229
West Palm Beach, FL 33416 -1229 FROM: «Reviewer»
(561) 684 4000 Land Development Division, Permit Section
Fax (561) 000-0000
pkiy corn DATE: «Current_Date»
• SUBJECT: SURETY TRANSFER TO THE ROAD AND BRIDGE
DIVISION
FOR PERMIT «permit_num»
Palm Beach County PROJECT NAME: «Project_Name»
Board of County Commissioners
Addle L Greene, Chairperson ROAD AND DESCRIPTION: «Road_And_Desc»
Jeff Koons, Vice Chair
Karen T Marcus INTERNAL REFERENCE NO.: «Appl_Job_Num»
Robert J Kanjian
Mary McCarty The construction of the above permit has been found to be in default of the
Land Development PPMs for Open Cutting of County Maintained Roads.
Burt Aaronson Please transfer the subject posted surety of «Surety_fee_amt» to the Road
Jess R Santamana and Bridge Division's Roadway Maintenance Account, as the Road and
Bridge Division will be assuming the responsibility for the successful
completion of the Right -of -Way Construction Permit.
County Administrator
Robert Weisman Enclosures: copy of deposit memo and check
File: Permit No. «permit_num»
Surety «Surety_Year»
Cc: Director Road and Bridge Division
AAn Equal Opportunity
Affirmative Action Employer®
FORM 3605.6
a .t •PioRli�
Department of Engineering «Current_Date»
and Public Works
P 0 Box 21229
West Palm Beach, FL 33416 -1229
(561) 684 -4000 «Engineer_Name»
«Engineer_Add 1»
Fax (561) 000 -0000 «Engineer_Add2»
l%H pbcgov Com
Attention: «Engineer_Contact»
IN
RE: «Project_Name»
«Road And_Desc»
Palm Beach County «Permittee
Board of County Commissioners «Permit_Num»
Addie L Greene, Chairperson Dear Sir:
Jeff Koons, Vice Chair
Karen T Marcus Personnel of the Construction Coordination Division have completed a
Robert J. Kanjian six (6) month re- inspection of the above referenced Right of Way
Mary McCarty Construction that included an open cut of the roadway. The inspection
Burt Aaronson was conducted on (date) and was found to be unacceptable for
Jess R Santamaria the following reasons:
Repair Sidewalk
_ Repair curb and gutter
County Administrator — Remove and replace sidewalk
_ Remove and replace curb and gutter
Robert Weisman _ Fill in behind sidewalk
_ Fill in behind curb and gutter
— Raise sod/Lower sod
— Replace sod
— Repair defects in asphalt
— Coring of asphalt/concrete
— Correct Handicap ramps
AAn Equal Opportunity _ Final Acceptance from Traffic
Affirmative Action Employer@ _ Final Acceptance from Streetscape
Additional Deficiencies (List)
—
C N � I
Page Two
«Current_Date»
«Proj ect_Name»
«Permit Num»
Failure to repair the restoration work and have it inspected and accepted by this Division
within 30 days, will result in the Surety for this Permit being drawn, and the corrective
work being conducted by County Forces.
Sincerely,
[INSERT NAME], Director
Construction Coordination Division
[INSERT NAME], Construction Coordination
Construction Coordinator
FORM 3605.7
Department of Engineering 11/14/2007
and Public Works
P 0 Box 21229 (Permittee)
(Address of Permittee)
West Palm Beach, FL 33416 -1229
(Address 2 of Permittee)
(561) 684-4000
Fax (561) 000 -0000 COMPLETION NOTICE FOR PERMIT NO.: (Permit Number)
Vs' 1«+ phcgovcorn FOR PERMITS REQUIRING SURETY
■ INTERNAL REFERNCE NO.: (Internal Reference No as shown
on the Permit)
PROJECT NAME: (Project Name Shown on Permit)
Palm Beach County PROJECT LOCATION: (Project Location as shown on
Board of County Commissioners
Permit)
Addie L. Greene, Chairperson
Jeff Koons, Vice Chair ROAD NAME AND DESCRIPTION: (Road Name and Description as
Karen T Marcus shown on Permit)
Robert J. Kanjian
Mary McCarty SURETY AMOUNT: $.00(Amount of Surety Posted as
Burt Aaronson shown on the Permit)
Jess R. Santamaria
Field review for the above permit was conducted by the Palm Beach County
Construction Coordination Division on (Date of Field Review), and was found
satisfactory.
County Administrator In accordance with PPM #EL - O - 3605 the county will re inspect the Open Cut of
Robert Weisman the County Thoroughfare Roadway in six (6) months from the date of the Field
Review, and if the work is found to be acceptable during this re- inspection,this
office will submit a request for the County to release the $.00 (Amount of
Posted Surety) surety posted by the permittee to guarantee completion of the
permit. The check should be received by the permittee within three weeks from
the date of this request to release..
Thank you for your co- operation with Palm Beach -County.
M Equal Opportunity
Affirmative Action Employer@
(Permit Reviewer)
Land Development Division
CC: Director of Construction Coordination
FORM 3605.8
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That [I] [we], Permit Applicants Name , hereinafter called PRINCIPAL,
and , a surety company authorized to do business in the State of
Florida, hereinafter referred to as SURETY, are held and firmly bound unto Palm Beach
County, a political subdivision of the State of Florida, hereinafter called COUNTY, in the full
and just sum of U.S. Dollars ($ )
lawful money of the United States of America, to be paid to the Board of County
Commissioners of Palm Beach County, to which payment will and truly be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents:
WHEREAS, the above bound PRINCIPAL, has or may hereinafter, received
approval of COUNTY for performing one or several open excavations or open cuts of
COUNTY owned and maintained roadway(s) in conjunction with one or several approved
and authorized Right of Way Construction or Utility Permits, hereinafter the PERMIT, and
WHEREAS, given the authority of County Ordinance 2001 -063, and in accordance
with the requirements of Land Development PPM EL -O -3605 and/or Land Development
PPM EL -O -3606, hereinafter PPM, it is required that the PRINCIPAL post a surety to
guarantee the quality of the construction, excavation and restoration of the roadway
structure in full accordance of the PERMIT and PPM, and
WHEREAS, the PRINCIPAL has or may have one or more or several PERMITs of
the type addressed in the PPM that would obligate the PRINCIPAL to post surety for the
permitted construction, i.e. open cuts of County roadways, and
WHEREAS, the PRINCIPAL and the COUNTY have agreed that a single or
"Blanket" Bond, hereinafter Bond, may be posted to satisfy the subject surety requirements
of one or multiple PERMITs .
NOW, THEREFORE, the conditions of this obligation are such that if the above
bound PRINCIPAL shall in all respects comply with the terms and conditions of the
PERMIT, and the PPM, for each and all subject PERMITs issued, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
The PRINCIPAL and COUNTY agree that the initial value or amount of this BOND
shall be a minimum of $100,000 (one hundred thousand dollars), for an initial term of
year(s) with automatic renewal, and
1 of 4
The PRINCIPAL and the COUNTY shall maintain a running or cumulative total of all
BOND requirements under each and all PERMITS approved and issued, and
The PRINCIPAL and the COUNTY agree that as the running or accumulative total of
all BOND requirements under each and all incomplete PERMITS shall exceed the amount
of the initial $100,000 (one hundred thousand dollars), that the PRINCIPAL shall increase
the total BOND value or amount in $50,000 (fifty thousand dollars) increments by applying
riders or supplements, or amendments, acceptable to the COUNTY, to the BOND. Under
no circumstances shall the PRINCPAL be issued additional PERMITs requiring surety,
when the cumulative amount of the required surety, exceeds the amount or value of the
posted or provided BOND amount.
THE PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE
that COUNTY, at its option, shall have the right to construct with in -house staff, or,
pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid
repairs, corrections or restorations, in case the PRINCIPAL should fail or refuse to do so in
accordance with the terms of said PERMIT and /or PPM. In the event COUNTY should
exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and
severally liable hereunder to reimburse COUNTY the total cost thereof, including, but not
limited to, engineering, legal, and contingent costs, together with any damages, either
direct or consequential, which may be sustained on account of the failure of the
PRINCIPAL to carry out and execute all the obligations for construction of the PERMIT and
in accordance with the PPM.
THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the
PRINCIPAL fails to perform all or any part of the construction work required by said subject
PERMIT and PPM, within the time specified, and in full accordance with the PPM, the
SURETY, upon thirty (30) days written notice from COUNTY, or its authorized agent or
officer, of the default, will forthwith pay to the COUNTY the full amount of any invoice, bill
or demand for payment, that may be presented by the COUNTY to the SURETY for work
performed by the COUNTY, in correcting of any work failing to be adequately performed
by the PRINCIPAL, and
Should the SURETY fail or refuse to perform and complete the said requirements of
this BOND, the COUNTY, in view of the public interest, health, safety and welfare factors
involved and the inducement in approving and filing the said PERMIT, shall have the right
to resort to any and all legal remedies against the PRINCIPAL and SURETY, or either,
both at law and in equity including specifically specific performance, to which the
PRINCIPAL and SURETY unconditionally agree.
2 of 4
IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these
presents this day of , 20
(CORPORATE PRINCIPAL)
[a Florida corporation][a (state) corporation,
licensed to do business in Florida]
BY: (signature of Pres. or Vice Pres.)
(typed name) - (title)
ATTEST:
(Signature of other corp. officer)
(typed name) — (title)
(Corporate seal)
ADDRESS:
3 of 4
-OR-
(INDIVIDUAL PRINCIPAL)
WITNESS: (signature) BY:
(typed name) PRINCIPAL
WITNESS: (signature)
ADDRESS:
(SURETY SIGNATURE BLOCK)
,SURETY
(typed name)
WITNESS: (signature) BY:
(typed name) its attorney -in -fact
(power of attorney must be attached)
WITNESS: (signature)
ADDRESS:
4 of 4
FORM 3605.9
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE LOXAHATCHEE RIVER ENVIRONMENTAL
CONTROL AGENCY REGARDING OPEN CUTS UNDER
COUNTY THOROUGHFARE ROADS
THIS AGREEMENT, made and entered into this day of , 20_, by and
between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter
"COUNTY "), and the , (hereinafter "AGENCY ").
WHEREAS, the COUNTY has adopted certain policies and procedures regarding open cuts
across its thoroughfare and non - thoroughfare roads; and
WHEREAS, the AGENCY has agreed to follow the policies and procedures set forth by the
COUNTY regarding open cuts on COUNTY roads; however, the AGENCY shall not be required to
obtain a surety bond for the open cut but instead will be bound by the terms and conditions of this
Interlocal Agreement; and
WHEREAS, the AGENCY agrees to be responsible for repairing the open cut, in accordance
with COUNTY policies and procedures, and all costs associated with such repair.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
Section 1. The above recitations are true and correct and are incorporated herein.
Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures,
PPM EL -O -3605 and PPM EL -O -3606, regarding open cuts on COUNTY thoroughfare and
non - thoroughfare roads. The polices set forth the requirements of permitting, construction and
maintenance of the open cut as well as the requirement to provide COUNTY with a surety to
insure the proper repair of the open cut.
Section 3. Work performed by the AGENCY: The AGENCY (any reference to AGENCY
shall include work performed not only by the AGENCY but by its contractors or sub - contractors)
shall be required to follow all of the requirements of the policies of the COUNTY regarding open
cuts. However, except as provided in d) below, the AGENCY shall not be required to obtain a
surety for such work and instead shall be bound by the following terms and conditions:
a) The AGENCY shall be responsible for repairing the open cut for a 6 month period
after the final restoration of the open cut.
b) During and at the end of the 6 month period the COUNTY may request certain
repairs or further restoration be made to the open cut, in which case, the AGENCY
shall make such repairs or restoration within thirty (30) days of receiving written
notice from the COUNTY.
c) In the event the AGENCY fails to make such repairs within the time frame allowed,
or such repairs are inadequate or in the case of an emergency repair, the COUNTY
may make such repairs as it deems necessary and invoice the AGENCY for the cost
of such work. Upon receiving such invoice the AGENCY shall make payment to the
COUNTY within forty-five (45) days.
d) Work performed for the AGENCY by Contractors, having a value of more than
$200,000, shall be bonded under a Public Construction Bond and with the County
named as an obligee.
e) The AGENCY shall require each contractor engaged by the AGENCY for work
associated with this agreement to maintain at all times during the life of this
Agreement, insurance coverage and limits (including endorsements), as described
herein.
1) Commercial General Liability at a limit of Liability not less than $500,000
Each Occurrence. Coverage shall not contain any endorsement excluding
2
Contractual Liability. The COUNTY shall be included in coverage as an
additional insured. The Additional Insured endorsement shall read "Palm
Beach County Board of County Commissioners, a Political Subdivision of
the State of Florida, its Officers, Employees and Agents."
2) Workers Compensation Insurance & Employer's Liability in accordance with
Florida Statute Chapter 440.
3) The Payment and performance bond for the total amount on the
IMPROVEMENTS and MAINTENANCE in accordance with Florida Statute
255.05.14.
Section 4. Area Subject to Agreement: The terms of this Agreement shall apply to all
open cuts performed by the AGENCY, on COUNTY thoroughfare and non - thoroughfare roads
located in the AGENCY'S service area.
Section 5. Term: This Agreement shall have an initial term of five years and may be
renewed, upon mutual consent of both parties, for additional 5 year terms.
Section 6. Indemnification: In the event a claim or lawsuit is brought against the
COUNTY, its officers, employees, servants or agents, the AGENCY, to the extent set forth in
Florida Statute 768.28 ($100,000 per person/$200,000 per claim) agrees to save, defend, reimburse,
indemnify and hold harmless the COUNTY, its officers, employees, servants and agents from any
and all claims, demands, damages, liabilities, causes or actions, legal or administrative proceedings,
judgments, interest, attorney's fees, costs and expenses of whatsoever kind or nature, whether arising
in any manner directly or indirectly caused. The AGENCY'S aforesaid indemnity and hold harmless
obligations or portions or applications thereof shall apply to the extent set forth in F.S. 768.28, but in
no event shall they apply to liability caused by the negligence of the COUNTY, or its agents,
servants, employees or officers.
3
Section 7. Notice of Complaints or Suits: Each party will promptly notify the other of any
citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out
of or relates, in any manner, to the performance of this Agreement.
Section 8. Breach and Opportunity to Cure: The parties expressly covenant and agree
that in the event either party is in default of its obligations under this Agreement, the party not in
default shall provide to the defaulting party thirty (30) days written notice before exercising any of its
rights.
Section 9. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees)
associated with the enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to this Agreement.
Section 10. Notice: All notices required to be given under this Agreement shall be in
writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the
following: As to the COUNTY:
Palm Beach County Engineering Department
Land Development Division
Joanne M. Koerner, P.E., Director
2300 North Jog Road
West Palm Beach, Florida 33411-2745
As to the AGENCY:
[INSERT AGENCY NAME]
Attention: [INSERT NAME]
[INSERT ADDRESS]
Section 11. Modification and Amendment: Except as expressly permitted herein to the
contrary, no modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and equality of
dignity herewith.
4
Section 12. Remedies: This Agreement shall be construed by and governed by the laws of
the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy and each and every such remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 13. Joint Preparation: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
Section 14. Execution: This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
Section 16. Termination: This Agreement may be terminated by either party, with or
without cause, upon thirty (30) days written notice to the other party.
Section 17. Effective Date: This Agreement shall take effect upon execution.
Section 18. Compliance with Codes and Laws: Each party agrees to abide by all laws,
orders, rules, policies and regulations.
5
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement
on the day and year first written above.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
Sharon R. Bock, Clerk ITS BOARD OF COUNTY COMMISSIONERS
& Comptroller
By. By:
Deputy Clerk [INSERT CHAIR NAME], Chair
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND CONDITIONS
LEGAL SUFFICIENCY
By: By:
Assistant County Attorney County Engineer
ATTEST: [INSERT AGENCY NAME]
By: By:
AGENCY Clerk [INSERT TITLE]
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
AGENCY Attorney
6
ise,Ncit c
FORM 3605.10
IN )4
. .
'°40R1V� «Current_Date»
Department of Engineering « LOC NAME»
and Public Works «LOC_ADDRESS1»
P n Box 21229 «LOC «LOC «LOC ZIP»
West Palm Beach, FL 33416-1229 SUBJECT: FINAL REVIEW /SURETY RELEASE FOR PERMIT
(561) 684 -4000 «permit_num»
Fax (561) 000 -0000
«Hy, pbcgov coin PROJECT NAME: «Project_Name»
MI ROAD AND DESCRIPTION: «Road_And_Desc»
INTERNAL REFERENCE NO.: «Appl_Job_Num»
Palm Beach County
Board of County Commissioners
«commissioner!» The above permit has been given a satisfactory final review by the
«commissioner2» Construction Coordination Division on «Permit_Re_Inspection».
«commissioner3» Attached is your surety (Letter of Credit) in the amount of
«commissioner4» «Surety_fee_amt».
«commissioner5»
«commissioner6»
«commissioner7»
«Reviewer»
Land Development Division, Permit Section
Attachment: Letter of Credit
County Administrator
Robert Weisman cc: «Permittee_Name»
«Permitee_Add1»
«Permitee Add2»
An Equal Opportunity
Affirmative Action Employer" File: Permit No. « permitnum»
Surety Release Letter of Credit
CLEAN IRREVOCABLE LETTER OF CREDIT 3605.11
Applicant Name: Date:
Address'
TO Palm Beach County Board of County Commissioners
by the County Engineer, Authorized Agent
CIO Palm Beach County Engineering Department
Land Development Division
2300 North Jog Road, Suite 3W -13
West Palm Beach, FL 33411
RE: PROJECT NAME: FPUC SO# 909799 PETITION NUMBER: «No Data»
PERMIT NUMBER: UT22315 -0109 ORDINANCE NUMBER: 2008 -006
AMOUNT: USDLRS «No Data» EXPIRATION DATE: (2 years from above)
We hereby open our Clean Irrevocable Letter of Credit Number in favor of Palm Beach
County Board of County Commissioners (County) for the amount of
U.S Dollars ( «No Data ») effective as of this date.
This Letter of Credit is issued pursuant to Ordinance Number 2008 -006, the Palm Beach County Code
Chapter 23, Article III, Section 23-48 for permit number UT22315 -0109. However, this Letter of Credit is
independent of the ordinance and permit, and referenced herein is for information only.
Funds under this Letter of Credit are available to the County hereunder not exceeding in aggregate the
amount of this Credit against the County's demand for payment, by the County Engineer as authorized
agent for the Palm Beach County Board of County Commissioners, on us mentioning our Credit
No. , stating that drawing is due to the default or failure of the permittee to
comply with the provisions of the permit issued under Ordinance Number 2008 -006, construction in public
rights of way.
No partial draws are permitted.
When we receive your demand for payment at "Bank Name and Address"
on or prior to the Expiration Date, we will promptly honor the same.
It is a condition of this letter of credit that it shall be deemed automatically extended without amendment for
one year from the expiration date, hereof, or any future expiration date, unless thirty (30) days prior to any
expiration date we send notice to you by registered mail or overnight courier that we elect not to consider
this letter of credit renewed for any such additional period.
Kindly address all correspondence regarding this Letter of Credit to the attention of the Letter of Credit
Department, mentioning specifically our Credit Number.
Except as is inconsistent with the express provision hereof, this Letter of Credit is subject to the Uniform
Customs and Practices for Documentary Credits (2007 Revisions), International Chamber of Commerce
Publication No. 600. Venue for any and all legal action necessary to enforce the terms of the Letter of
Credit shall be Palm Beach County, Florida.
Authorized Signature
Name (typed)
Title:
Notary Public (Optional)
LOC Form b Applicant
The City of Boynton Beach
August 26, 2013
Ms. Joanne M. Keller, P.E., Director
Palm Beach County Engineering Departmen'j
Land Development Division
2300 North Jog Road
West Palm Beach, FL. 33411-2745
Dear Ms. Keller:
Xffa your narialing are two partially executea agreemenk ana a copj o1r
mentioned above. Once the agreements have been signed, please return one original to t
City Clerk's Office for Central File.
Very truly yours,
WINKSIZZORM"S V0,94-FATOM
La"
et M. Prain MMC
City Clerk
Attachments
(2 Agreements & Resolution)
S:\CC\WP\AFrER COMMISSION\Other Transmittal Letters After Commlssion\2013\1113-085 ILA PBC and COBB Regarding Open Cuts
Under County Thoroughfare Roads.doc
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