R09-039
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1 RESOLUTION R09- 03(.}
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING EXECUTION BY
6 THE CITY MANAGER AND CITY CLERK OF AN
7 AGREEMENT FOR CONSTRUCTION SERVICES
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 1950 CONGRESS A VENUE, LLC., TO PERFORM
10 WATER AND SEWER MAIN IMPROVEMENTS IN
11 COORDINATION WITH THE WIDENING OF OLD
12 BOYNTON ROAD; AND PROVIDING AN
13 EFFECTIVE DATE.
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15 WHEREAS, as part of the Boynton Town Centre Project it was determined that
16 the Developer (1950 Congress A venue, LLC) must make roadway improvements to Old
17 Boynton Road between Congress A venue and Boynton Beach Boulevard as required by
18 Palm Beach County's Constrained Roadway at a Lower Level of Service (CRALLS)
19 designation; and
20 WHEREAS, as a result of these improvements it was determined that water main
21 and sewer main utilities need to be relocated and/or abandoned in place as part of the
22 widening of the roadway; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
24 in the best interest of its residents and citizens to approve the Agreement for Construction
25 Services between the City of Boynton Beach and 1950 Congress A venue, LLC.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption hereof.
S:\CA\RESO\Agreements\1950 Congress Avenue Construction Services Agreement.doc
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and approve execution by the City Manager and City Clerk of the
3 Construction Services Agreement between the City of Boynton Beach and 1950 Congress
4 A venue, LLC., to perform water and sewer main improvements in coordination with the
5 widening of Old Boynton Road, a copy of which Subordination is attached hereto as
6 Exhibit "A".
7 Section 3. This Resolution will become effective immediately upon passage.
8 PASSED AND ADOPTED this Jl day of February, 2009.
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10 CITY OF BOYNTON BE CH, FLORIDA
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26 ATTEST:
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37 Congress Avenue Construction Services Agreement.doc
S:\CA\RESO\Agreements\1950 Congress Avenue Construction Services Agreement.doc
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(0 (--- /. 7
CITY OF BOYNTON BEACH, FLORIDA
AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT FOR CONSTRUCTION SERVICES (this "Agreement") is dated this ~ day
of ~ 2009, by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter referred to as the "CITY"
and
1950 CONGRESS A VENUE, LLC, a Florida limited liability company, hereinafter
referred to as the "DEVELOPER".
WITNESSETH:
WHEREAS, Palm Beach County is the owner of Old Boynton Road; and as part of Palm Beach
County's Comprehensive Plan, Palm Beach County designated that portion of Old Boynton Road from
Congress A venue to Boynton Beach Boulevard as a Constrained Roadway at a Lower Level of Service
("CRALLS") facility; and
WHEREAS, as a requirement of its development of the Boynton Town Center and Boynton
Village project within the CITY, the DEVELOPER will be administering the widening of Old Boynton
Road between Congress A venue and Boynton Beach Boulevard as required by the conditions of the
CRALLS designation; and
WHEREAS, the CITY has determined that certain CITY owned water and sewer main
improvements at Old Boynton Road between Congress A venue and Boynton Beach Boulevard within
the City of Boynton Beach are in need of modification and replacement (the "Project"); and
WHEREAS, in order to provide for orderly and efficient completion of the Project, the CITY
desires to enter into an Agreement with DEVELOPER to provide for the completion of the Project in a
manner that it is coordinated with the completion of the widening of Old Boynton Road; and
WHEREAS, the CITY and DEVELOPER hereby acknowledge that DEVELOPER, subject to
the issuance of applicable permits for the Project and the Old Boynton Road widening, will perform or
cause to be performed the services required pursuant to this Agreement in accordance with the Project
Summary and Bid/Proposal attached hereto as Exhibit "A" and Exhibit "B", respectively; and
WHEREAS, the CITY has (i) obtained Bid/Proposals for the completion of the Project, (ii)
determined that Palm Beach Grading, Inc. has submitted the lowest Bid/Proposal for the performance of
the Project and (iii) approved Palm Beach Grading, Inc. as the contractor for the performance of the
work ("CONTRACTOR"); and
WHEREAS, the Parties agree that the Project is scheduled to be completed without interruption
within 180 calendar days as specified in the Notice to Proceed, subject to CITY approved time
extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "WHEREAS" clauses are true and correct, and incorporated herein by
this reference.
1.1.2. The CITY does hire and employ the DEVELOPER to supervise and administer
construction services, including disbursement of funds, for completion of the Project as
described herein.
1.1.3. The DEVELOPER does accept this Agreement and does agree to cause the
CONTRACTOR (or other such contractor as the CITY and DEVELOPER may
reasonably agree upon) to furnish the necessary labor, tools, equipment, materials and
supplies, etc., and to complete the Project by performing all of the work set forth in this
Agreement for the price and amount set forth in CONTRACTOR'S Bid/Proposal for
$390,682.50, which Bid/Proposal is attached hereto as Exhibit "B", and incorporated
herein by reference, and in conformance with the Project Summary, which are attached
hereto as Exhibit "A", and incorporated herein by reference.
1.1.4. Unless otherwise provided, all time frames referenced in this Agreement shall be
calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of water and sewer main improvements at Old Boynton Road between
Congress A venue and Boynton Beach Boulevard in the City of Boynton Beach.
2.2. The "Contract Documents" are the compilation of the following individual documents:
2.2.1. Agreement for Construction Services
2.2.2. Project Summary attached hereto as Exhibit "A"
2.2.3. Bid/Proposal provided by CONTRACTOR to DEVELOPER and accepted by the
CITY and attached hereto as Exhibit "B"
2.2.4. Insurance Certificates attached hereto as Exhibit "C" and Exhibit "C-l"
2.2.5. Warranty of Title; and
2.2.6. Public Construction Bond.
3. OBLIGATIONS OF DEVELOPER
3.1. Subject to the issuance of applicable permits for the Old Boynton Road widening and the
Project, DEVELOPER shall enter into a construction contract with CONTRACTOR
providing for performance of the work associated with the Project (the "Construction
Contract"). The Construction Contract shall provide that the CONTRACTOR shall:
Page 2
3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete the Project in
accordance with the conditions and prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this Agreement. All materials furnished
by CONTRACTOR shall also be in strict conformity with the Contract Documents.
CONTRACTOR further accepts and consents to the conditions contained in said
Contract Documents and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
associated with the Project in a first-class, substantial and workmanlike manner.
3.1.4. Guarantee all work and materials for a period of one (1) year from the date of final
acceptance by the CITY. Upon receipt of written notification from the CITY,
CONTRACTOR shall correct any defective or faulty work or materials which may
appear within one (l) year after completion of the work under the Construction Contract
and CONTRACTOR'S receipt of final payment owed thereunder. CONTRACTOR shall
make the necessary corrections within ten (l0) days of receipt of the written notice.
3.1.5. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay
promptly, before final settlement, any and all claims or liens by subcontractors or
material suppliers, incurred in and about this work. Furnish release of liens forms from
all principal subcontractors and suppliers of materials. Release of lien forms to be
utilized shall be Florida statutory forms.
3.1.6. Remove and clean up all rubbish, debris, excess material, tools and equipment from
streets, alleys, parkways and adjacent property that may have been used or worked on by
the CONTRACTOR in connection with the Project.
3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, as well as all federal, state and local laws.
3.1.8. Perform such other tasks as set forth in the Contract Documents.
3.1.9. Provide written list to the CITY of all subcontractors.
3.1.10. Provide all required bonds and insurance certificates for performance of the Project
prior to commencement of any work on site. Developer shall cause Contractor to
provide proper insurance and performance bond and to name the CITY as a dual obligee.
3.1.11. Execute a Warranty of Title on the form provided by the CITY and submit with
final applications for payment.
3.1.12. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
Page 3
3.1.13. For purposes of this Agreement, DEVELOPER is an independent contractor.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither DEVELOPER nor its employees shall be
entitled to any benefits accorded CITY employees by virtue of the services provided
under this Agreement. The CITY shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to
DEVELOPER, or any employee of DEVELOPER.
4. CITY'S OBLIGATIONS
4.1. CITY shall provide DEVELOPER a written "Notice to Proceed" no later than ten (10)
days from the execution of this Agreement.
4.2. Make payments for the work completed and approved by the CITY within thirty (30)
calendar days of receipt of a draw request from DEVELOPER.
4.3. On satisfactory completion of the Project, provide a written final acceptance and payment
for the entire Project.
4.4. CITY shall provide all engineering, inspection and contract administration services
required for the completion of the water and sewer main portion of the Project only.
5. COMMENCEMENT OF WORK
5.1. DEVELOPER hereby agrees to cause the commencement of the work under this
Agreement (the "Commencement Date") as soon as reasonably practicable following the
later to occur of (i) Developer's receipt of the Notice to Proceed, or (ii) Developer's
receipt of all necessary permits and approvals to perform the widening of Old Boynton
Road. Developer agrees to fully complete the Project within 180 days following the
Commencement Date.
5.2. DEVELOPER shall cause CONTRACTOR to notify the CITY in writing of any change in
the names and addresses of each subcontractor proposed for material portions of the work
associated with the Project and shall not employ any subcontractors that CITY may, within
a reasonable time, object to as incompetent or as unfit.
6. FINAL ACCEPTANCE
6.1. DEVELOPER shall cause Punch list items recorded as a result of inspections for the final
completion to be corrected within thirty (30) calendar days and prior to any request for
Final Inspection, Testing and Acceptance.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The DEVELOPER warrants that prices contained in the Bid/Proposal attached hereto as
Exhibit "B" include the protection and continuous use of all existing work in process,
property or operations of the CITY.
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8. INDEMNIFICATION
8.1 The DEVELOPER shall indemnify, defend, and save harmless the CITY, its agents,
servants, and employees from and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission or negligent act of the
DEVELOPER, CONTRACTOR, their agents, servants, or employees in the performance
of services under this Agreement.
8.2 DEVELOPER shall indemnify, defend and save harmless CITY, its agents, servants and
employees from against any kind and all causes, claims, demands, actions, losses,
liabilities, settlements, judgments, damages, costs, expenses, and fees (including without
limitation reasonable attorney's and paralegal expenses at both the trial and appellate
levels) of whatsoever kind or nature for damages to persons or property caused in whole or
in part by any act, omission, or default of the DEVELOPER and/or the CONTRACTOR,
their agents, servants or employees arising from this contract or its performance. The
DEVELOPER and the CITY hereby agree and covenant that the DEVELOPER has
incorporated in this original bid, which constitutes the Contract sum payable by the CITY
to the CONTRACTOR, specific additional consideration in the amount of ten dollars
($10.00) sufficient to support this obligation of indemnification provided for in this
paragraph. The indemnification required pursuant to the Contract shall be the amount of
damages caused by the occurrence or no more than the limits of insurance required of the
DEVELOPER by the Contract, whichever IS greater. It IS the CITY'S and
DEVELOPER'S full intention that this provision shall be enforceable and said provision
shall be in compliance with Section 725.06, Florida Statute.
8.3 The execution of this Agreement by the DEVELOPER shall obligate DEVELOPER to
comply with the foregoing indemnification provision, as well as the insurance provisions
which are set forth herein. However, the indemnification provision, and the insurance
provision are not interdependent on each other, but rather each one is separate and distinct
from the other.
8.4 The obligation of the DEVELOPER to indemnify the CITY is not subject to any offset,
limitation or defense as a result of any insurance proceeds available to either the CITY or
the D EVELO PER.
9. PAYMENT BY THE CITY
9.1. The CITY agrees to pay the DEVELOPER in current funds for the performance of the
work specified in the Contract Documents, subject to additions and deductions as
expressly provided in the Contract Documents. Such payments shall be made on the basis
of the CONTRACTOR'S pay application forms. The CITY hereby agrees that,
notwithstanding the requirements of Specifications Section 01200, "progressive record
drawings" shall not be required prior to the DEVELOPER'S final application for payment.
Final records to be submitted with final application for payment.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating this Agreement, may order extra work or make changes by
altering, adding to or deducting from the work, the Contract sum being adjusted
accordingly. All such work shall be executed under the conditions of the original Contract.
Page 5
Any claim for extension of time caused thereby shall be made in writing at the time such
change is ordered.
10.2. All change orders and adjustments shall be in writing and reasonably approved by the
CITY, otherwise, no claim for changes to the work specified in the Contract Documents
will be paid for by the CITY.
10.3. Claim of payment for extra work shall be submitted by the DEVELOPER upon certified
statement supported by receipted bills. Such statements shall be submitted for the current
contract payment for the month in which the work was done. No claim for extra work
shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented
at the time of the first estimate after the work is completed.
11. INSURANCE
11.1. DEVELOPER will maintain insurance of the types and amounts indicated in the insurance
certificate attached hereto as Exhibit "C", naming the City of Boynton Beach as an
additional insured. A certificate of insurance evidencing such coverage shall be provided
to the CITY prior to commencement of any work associated with the Project.
11.2. DEVELOPER shall cause the CONTRACTOR to maintain insurance of the types and
amounts indicated in the insurance certificate attached hereto as Exhibit "C-l", naming
the City of Boynton Beach as an additional insured. A certificate of insurance evidencing
such coverage shall be provided to the CITY prior to commencement of any work
associated with the Project.
12. LICENSE AND PERMITS
12.1. It shall be the responsibility of the DEVELOPER to ensure that all licenses and permits are
obtained, if required, to complete the work specified herein at no additional cost to the
CITY. Licenses and permits shall be readily available for review by the CITY.
13. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
13.1. DEVELOPER agrees that all materials, tools, equipment and machines utilized in
performance of the work associated with the Project will meet all O.S.H.A. requirements
and, should any materials, tools, equipment or machinery subsequently be found to be
deficient in any way to an O.S.H.A. requirement, all costs necessary to bring the materials,
tools, equipment or machinery into compliance with the aforementioned requirements
shall be borne by the DEVELOPER.
14. GOVERNMENTAL RESTRICTIONS
14.1. In the event any governmental restrictions may be imposed which would necessitate
alteration of the material, quality, workmanship or performance of the Project, it shall be
the responsibility of the DEVELOPER to notify the CITY at once, indicating in a letter the
specific regulation which required an alteration. The CITY reserves the right to accept any
such alterations, including any price adjustments occasioned thereby, or to cancel this
Agreement by delivery of written notice to DEVELOPER. In the event the CITY elects to
cancel this Agreement, this Agreement shall terminate on the fifth (5th) day following
DEVELOPER'S receipt of such notice. The CITY agrees to pay DEVELOPER for all
costs and expenses incurred by DEVELOPER for the construction of the Project to the
Page 6
date of termination, which costs will include the costs and expenses incurred by
DEVELOPER to leave the improvements in a safe and lawful condition following such
termination.
15. CONTRACT CONTROLS
15.1. In the event of a conflict between the requirements or specifications set forth in this
Agreement and the performance of DEVELOPER'S obligations pursuant to the Contract
Documents, the conflict shall be resolved by written interpretation by the CITY in its
commercially reasonable discretion; provided, however, that DEVELOPER shall be
compensated for any costs and expenses incurred as a result of such interpretation by the
CITY if such costs are not reasonably anticipatable from the Contract Documents.
16. TIME OF ESSENCE
16.1. Inasmuch as the provisions of this Agreement relating to the times of performance and
completion of the Project are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined program, all
such time limits are of the essence of this Agreement.
17. REMEDY FOR DELAY
17.1. In the event of any delay in the Project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
DEVELOPER, its agents, employees, contractors or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
DEVELOPER shall be by extension of the time allocated to complete the Project.
17.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
DEVELOPER IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED
BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES.
DEVELOPER ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND
ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. IN
ADDITION THERETO, DEVELOPER SHALL NOT BE LIABLE TO THE CITY FOR
ANY MONETARY DAMAGES IN ASSOCIATION WITH ANY DELAY IN THE
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. i
DEVELOPER hereby acknowledges that he has read and understands the above provision. INITIALS.
17.3. Failure on the part of DEVELOPER to timely process a request for an extension of time to
complete the work shall constitute a waiver by DEVELOPER and DEVELOPER shall be
held responsible for completing the work within the time allocated by this Agreement.
17.4. All requests for extension of time to complete the work shall be made in writing to the
CITY.
17.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall
include but shall not be limited to the Project Engineer and Project Manager.
Page 7
18. DISPUTES
18.1. Disputes shall be resolved through good faith efforts upon the part of the DEVELOPER
and the CITY, or its representatives. At all times, DEVELOPER shall cause
CONTRACTOR to carry on the work and maintain the progress schedule in accordance
with the requirements of this Agreement, pending resolution of any dispute. Any dispute
that is not resolved by mutual agreement of the CITY and DEVELOPER shall be
governed as indicated in Section 23 of this Agreement.
19. COVENANT AGAINST CONTINGENT FEES
19.1 The DEVELOPER warrants that he has not employed or retained any company or person,
other than a bonafide employee working solely for the DEVELOPER, to solicit or secure
this contract, and that he has not paid or agreed to pay any company or person, other than a
bonafide employee working solely for the DEVELOPER, any fee, commISSIOn,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting
from the award or making of this contract. For breach or violation of this warranty, the
CITY shall have the right to annul this contract without liability or, in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift or contingent fee.
20. DISCRIMINATION PROHIBITED
20.1. The DEVELOPER, with regard to the work administered by it under this Agreement, will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the
presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
21. ASSIGNMENT
21.1. Except as provided for herein, the DEVELOPER shall not sublet or assign any of the
services covered by this Agreement without the express written consent of the CITY, such
consent not to be unreasonably withheld or delayed.
22. NON-WAIVER
22.1. Waiver by the CITY of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
23. CHOICE OF LAW
23.1. Any disputes that arise between the parties with respect to the performance of the work
specified in this Agreement, which cannot be resolved through reasonable negotiation, shall
be submitted to a court of competent jurisdiction in Palm Beach County, Florida. Further,
this Agreement shall be construed under Florida Law.
Page 8
24. NOTICES
Notices to each party shall be delivered in writing and shall either be delivered in person, or sent by
U.S. mail, or facsimile to the following addresses:
To City:
CITY OF BOYNTON BEACH
Attn: Peter Mazella, Deputy Utilities Director
100 East Boynton Beach Boulevard
BOYNTON BEACH, FL 33435
FAX: (561) 742-6298
Copy to:
CITY OF BOYNTON BEACH
Attn: Kurt Bressner, City Manager
100 East Boynton Beach Boulevard
BOYNTON BEACH, FL 33435
To DEVELOPER:
1950 CONGRESS A VENUE, LLC
1450 South Johnson Ferry Road
Atlanta, GA 30319Attn:
Mike Hagan
FAX: 404-847-1818
25. SEVERABILITY
25.1. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of this
Agreement. Any void provision shall be deemed severed from this Agreement and the
balance of this Agreement shall be construed and enforced as if this Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform this Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
26. INTEGRA TED AGREEMENT
26.1. This Agreement, together with attachments or addenda, represents the entire and integrated
agreement between the CITY and the DEVELOPER and supersedes all prior negotiations,
representations, or agreements written or oral. This Agreement may be amended only by
written instrument signed by both the CITY and DEVELOPER.
27. MISCELLANEOUS
27.1. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto
and their respective legal representative, successors and assigns.
Page 9
27.2. 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' prior written notice exercising any of its rights. Should the
defaulting party not correct such default within thirty (30) days (or such additional time
period as may be necessary so long as the defaulting party has undertaken the cure within
said thirty (30) days and is diligently prosecuting the same to completion), this Agreement
may be terminated by the party giving notice of such default upon an additional seven (7)
days' written notice thereof. In such event, all payments required herein or performance
of work by either party shall be paid and/or performed until the date of such termination.
27.3. Any costs or expenses (including reasonable attorneys' fees and costs) 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.
27.4. The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as matter of judicial constraint, be construed more severely
against one of the parties than the other.
{Signatures appear on following pagesJ
Page 10
IN WITNESS WHEREOF, the CITY has caused this Agreement to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of said CITY and the DEVELOPER has
executed this Agreement the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
r\OJvvlj ~~ ~e.-
Attest:
YJ'
State of Florida )
) ss:
County of Palm Beach )
On this I gill day of , 2009, personally appeared before me, duly authorized to
administer oaths, S e r known to be the persons
described herein or who has produced I as identification and who
executed the foregoing instrument and has acknowledged before me that they have executed same.
CLuJ D hlPip ~- Y11~ra/1(
My Commission Expires: '.-Ul~81/c9()1 &. Notary Pubhc futhenn€- ~ he(r~ - ~liberm(H1
NOTARY PUBLIC-STATE OF FLORIDA
..,......."" Catherine Cherry.Guberman
~ ~ ~Commission #DD792144
\, / Expires: MAY 27,2012
{Signatures continue on following pageJ llo~ilEj; TH1W hTI.ANTlC BaNDING CO., INC.
Page 11
Signed, sealed and witnessed 1950 CONGRESS AVENUE, LLC,
in the presehce of: ,i / a Florida limited liability company
\/)~Tl~' ( (l_ ([ ttz\ By: Sembler Family Partnership #35, Ltd.,
,/ L/ a Florida limited partnership, its Manager
By: Sembler Commercial, Inc., a Florida
corporation, its general partner
By:
Name:
Title:
State of G&Y~I~ )
) ss:
County of ~ )
~~~~i~t~s~:k~~q~~ ' 2009, personally appeared before me, duly authorized to
known to be the persons
described herein or who has produced as identification and who
executed the foregoing instrument and has aCknOW~~ tha~
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Page 12
EXHIBIT "A"
PROJECT SUMMARY
(Attached)
S~CTION 01100
SUMMARY
1 PART 1 GENERAL
1.1 SECTION INCLUDES
A. Scope
B. Work by Owner
C. Work by Others
D. Location
E. Project Funding
F. Coordination
G. Owner Supplied Products
H. Sequence of Work
I. Contractor use of site and/or premises
J. Owner Occupancy
1.2 RELATED SECTIONS
A. Section 01200 - Price and Payment Procedures
B. Section 01390 - Video and Photographic Site Survey
C. Section 01500 - Temporary Facilities and Controls
D. Section 01700 - Execution Procedures
E. Section 02960 - Restoration of Surface Improvements
1.3 REFERENCES
A. Contract Documents consisting of:
l. Instructions to Bidders
2 . General Conditions For Construction (GCe)
3. Contract
January 2006 01100 - 1 Summary
B. Any conflLet between the Contract Documents ..~ha.ll be
brought to the attention. of the Project Manager, ln
writing, for resolution. The order of precedence has
been established in both the GCCs and Contract.
1.4 SCOPE ,
,
The work under this project consists of replacing a 6-inch
asbestos cement water main along Old Boynton Road.
Connection of this watermain to several side streets is also
included in the work. The 16-inch force main on Old Boynton
Road between Congress Avenue and NW 8th Court and the 6-inch
force main on Old Boynton Road between Velaire Drive and the
bridge are to be grout filled and abandoned. Connection of
the 16-inch forcemain to an existing 20-inch forcemain is
also included. The work is to be performed before or in
conjunction with the Old Boynton Road roadway improvements
to avoid impacts to the new roadway.
A. Omission of a specific item or component of a system
obviously necessary for the proper functioning of the
equipment or system shall not relieve the Contractor
of the responsibility of furnishing the item as part
of the work at no additional expense to the Owner.
B. Except as specifically noted elsewhere, Contractor(s)
shall provide and pay for all labor, materials,
equipment, tools, construction equipment and
machinery, transportation, water, heat, utilities, and
temporary facilities necessary for the proper
execution and completion of work.
C. Concurrent with the installation of the water main,
drainage or sanitary sewer improvements and when shown
on the project construction drawings, the work
includes swale development and improvements on both
sides of the streets in the project area. Work
includes re-grading, driveway apron reconstruction and
all surface restoration.
E. Restoration shall irmnediately follow the acceptance of
required system testing and be performed as required by
Section 02960 RESTORATION OF SURFACE IMPROVEMENTS.
1.5 WORK BY OWNER
A. None
1.6 WORK BY OTHERS
January 2006 01100 - 2 Summary
.A. .The roadway and drainage improvements shown on the,.
plans are for informational purposes only and will be
performed by others.
B. The installation of the watermain across the LWDD
canal between the valves on either side of the canal
is to be performed by others.
1.7 LOCATION
Work covered under this project is located along Old
Boynton Road between Congress Avenue and Boynton Beach
Blvd.
1.8 PROJECT FUNDING
This project is fully funded from the Utility General
account(s) established by the City of Boynton Beach.
1.9 COORDINATION
A. Contractors shall coordinate their work through the
Project Manager and/or Engineer to provide for the
orderly prosecution of work and the interfacing of
work provided by different trades. Ample notice shall
be given to the Owner and all work consisting of
connecting to existing facilities shall be planned and
scheduled so as not to interfere with the operation of
the existing facility.
B. The Contractor shall coordinate all testing with the
Project Manager and/or Engineer to provide accurate
data collection during all phases of construction.
All testing shall be performed 'to the satisfaction of
the Project Manger and/or Engineer.
1.10 OWNER SUPPLIED PRODUCTS
A. None
1.11 SEQUENCE OF WORK
A. Contractor shall schedule his work as set forth in the
Instructions To Bidders, General Condi tions For
Construction and other Contract Documents.
B. Construct Work in stages to acconunodate the Owner's
use of the premises during the construction period;
coordinate the construction schedule and operations
with the Project Manager.
January 2006 01100 - 3 Summary
I
.:~,
'1
t
.
'. '.
1.12 CONTRACTOR USE OF SITE' AND/OR PREMISES
.. .~
' , ,
A. Contractor shall limit his use of the premises ' ,II
work and storage to allow for: . '4
'4
'. "
'. .
1. Work by other Contractors .
2. Owner occupancy .
3. Public use 4
4
B. As specified in the City of Boynton Beach ROW Permit, <<
the Contractor shall, at all times, maintain one .
travel lane open when performing work in the public.
right of way. 4
c. Coordinate of premises under direction of the t
use 4
Project Manager and/or Engineer.
t
D. Assume full responsibility for the protection and 4
safekeeping of products under this Contract, stored on
the site. .
Move stored products, under Contractor's control, 4
E. any t
which interfere with operations of the Owner other
Contractors or the general public. t
F. Obtain and pay for the use of additional storage or 4
work areas needed for operations. 4
1.13 OWNER OCCUPANCY f
4
A. Owner may occupy or need access to the project site .
during the entire period of construction. Coordinate .
and cooperate with Project Manager in all construction
operations to minimize conflict and to facilitate 4
Owner usage. .
B. Contractor shall at all times conduct his operations 4
so as to insure the least inconvenience to the general 4
public. 4
t
2 PART 2 PRODUCTS t
2.1 All materials are to be MADE IN THE UNITED STATES OF AMERICA. 4
~
2.2 SALVAGED MATERIALS ~
t
4
January 2006 01100 - 4 Summary 4
4
In . the absence of' spf3cial provisions t.o. tJ:l,e Co.ntrc.G.t:,. _
salvaged materials, equipment or supplies that 'occur are the
property of the Owner and shall be cleaned, stored and
delivered to the Owner as directed by the Project Manager.
2.3 CERTIFIED CHEMICALS
The Contractor shall use u.s. Department of Agriculture
certified chemicals only during performance of all work
under this contract. All chemicals used during project
construction or furnished for project whether herbicide,
pesticide, disinfectant, polymer, reactant or other
classification, must show approval of either EPA or USDA and
be accompanied by an MSDS. Use of all such chemicals and
disposal of residue shall be in strict conformance with
manufacturer's instructions.
3 PART 3 EXECUTION
3.1 CONTRACTOR SUPERVISION
A. As required by the Contract Documents, specifically GC
3 AUTHORIZED REPRESENTATIVES, the Contractor's
assigned and Owner approved project Superintendent
shall be on site at all times and actively engaged in
controlling and coordinating all . on site project
activities including direction and oversight of self-
performed and subcontractor work activities.
B. The Superintendent shall have the full authority to
receive instructions from the Project Manager and
Engineer and to execute the orders or directions of
the Project Manager and Engineer.
C. The Superintendent shall give the work the constant
attention necessary to ensure the scheduled progress
D. If, in the opinion of the Project Manager, the
Contractor's project Superintendent or in his approveo.
absence the Contractor's Project Manager is NOT on site
and actively engaged in controlling and coordinating
the site activities, the Project Manager shall have the
authority to suspend all work activities, without cause
for claim, until the Contractor's Superintendent or the
Contractor's Project Manager regains direct control and
coordination of the project's work activities.
3.2 GENERAL
January 2006 01100 - 5 Summary
A. The ..COI\t.ractor shall, prior to ..entering any. sectic:m,
prepare pre Cons truction video and digi tal
photographs, in accordance with Section 01390 VIDEO
SITE SURVEY, of each property and ROW areas to
determine existing site conditions. Together the
video and photographs will provide the basis for the
condition of restoration required in Section 02960
RESTORATION OF SURFACE IMPROVEMENTS.
B. The Contractor shall notify all property owners /
residents 48 hours prior to working in public Rights-
of-Way or easements affecting or adjoining their
properties. Notification shall be by hand-delivered
flyer that shall contain the following information:
Project Name
Date of Commencement
Description of Work
Name of Contractor
Name of Contractor's Representative
Local Phone Number of Contractor's Representative
The Project Manager must approve the Contractor's
notification prior to issuance.
C. The Contractor shall, prior to the removal of any
fences, erect temporary fences to secure the owner's
property. These temporary fences shall be of 4' high
woven wire (2" x 4" grid), on the T line post 10' on
centers. These fences shall run along the easement
line and will remain in place until the permanent
fence is re-erected.
D. The Contractor shall not start major construction
acti vi ties, such as pipeline and structure
excavations, or preparation for major activities, such
as setting wellpoints and header pipe, just prior to
extended holiday periods such as the typical week
taken off at the end of each year.
3.3 NPDES COMPLIANCE
A. Prior to the commencement of work, the Contractor must
obtain the permit coverage for stormwater discharge
from large and small construction activities and must
implement appropriate pollution prevention techniques
and SWPPP to minimize erosion and sedimentation to
properly manage the stormwater runoff. The Contractor
shall prepare a NPDES Site Plan including sketches and
Best Management Practice procedures for review and
January 2006 01100 - 6 Summary
,~ comment. from the proj ect Man.aqer. The NPDES-Site Plan
shall include the control of stormwater, ground water
and subsurface water during dewatering operations.
(DEP adopted Rule 62-621.300 (4) , F.A.C., with specific
provisions for requesting permit coverage for the
management of stormwater discharge from large and small
construction activities.)
B. The permit coverage for construction activities is to
be obtained by submitting DEP form 62-621.300 (4 ) (b)
Notice of Intent (NOI) to Use Generic Permit for
Stormwater Discharge from Large and Small Construction
Activities and by preparing and implementing a
Stormwater Pollution Prevention Plan (SWPPP) . After
construction is complete, Notice of Termination (NOT)
to discontinue the permit coverage is to be submitted
by utilizing form 62-621.300 (6) .
C. For additional information contact NPDES Stormwater
Section at:
Florida Department of Environmental Protection
Tallahassee, FL 32399-2400
(850) 921-9904
3.4 PROTECTION OR REMOVAL OF UTILITY LINES
A. Prior to construction the Contractor shall locate for
physical location, elevation and dimensions and
adequately uncover existing utilities, (within the path
of his proposed work), to determine possible conflicts.
By starting underground constructions, the Contractor
has agreed that they are fully responsible for any and
all damages and/or delays that may arise from not
having adequately locating the underground utilities.
This applies to underground utilities that are shown on
the proj ect construction drawings and those that have
been physically marked in the field by the various
locating organizations or agencies.
B. Information provided on the plans may be used as an
approximate guide to assist the Contractor, however,
the Contractor shall rely on actual field investigation
to assure that all of the existing utilities are
accurately located prior to commencement of his work.
C. Existing structures reflect the best available
information, but it shall be the Contractor's
responsibility to acquaint him with all information and
January 2006 01100 - 7 Summary
t~ avoid conflict with existing conditions . Protect. all
existing utility lines that are to be retained, or
utility line constructed during excavation operations,
from damage during excavation and backfilling; if
damaged, repair at Contractor's expense.
D. Existing Utility Lines to be Retained: Repair damaged
lines that are not shown on drawings, or locations of
which are not known to Contractor in sufficient time to
avoid further damage.
E. Uncharted or incorrectly charted underground utilities
that are discovered during construction shall be
incorporated into the project As-Builts .with vertical
and horizontal coordinates.
F. Prior to commencement of any excavation, the Contractor
shall comply with Florida Statute 553.851 for the
protection of underground gas lines and underground
telecommunication lines.
END OF SECTION
January 2006 01100 - 8 Summary
EXHIBIT "B"
BID/PROPOSAL
(Attached)
PBG <PDq) DATE:
1250 Gateway Rd November 12, 2008
Lake Park, FI 33403
(561) 842-9551 OFC
Quote To: Bid I Proposal Project Information:
The Sembler Company Old Boynton Road
1450 South Johnson Ferry Road Old Boynton Road Utilities
Atlanta, Ga. 30319 Improvements
404-847-1800
404-847-1818
PBG Proposes to provide all necessary equipment, materials, labor and supervision to perform the work below on the above named
project base on listed plan as drawn and as per listed dates and last revision.
Line Bid Items
Item No DescriDtion QTY UT UT Rate Line Totals
A Paving ltellls
1 General Conditions/Mobilization 1 LS $9,560.00 $9,560.00
2 Maintainence of Traffic 1 LS $5,000.00 $5,000.00
3 6" CI 50 DIP 3,000 LF $22.00 $66,000.00
4 4" CI 50 DIP 75 LF $23.00 $1,725.00
5 8" Epoxy Lined DIP (Gravity Sewer) 20 LF $125.00 $2,500.00
6 8" Fernco CouplinQs 2 EA $185.00 $370.00
7 4" 45 Bend 4 EA $215.00 $860.00
8 4" 90 Bend 2 EA $225.00 $450.00
9 4" Gate Valve 2 EA $850.00 $1,700.00
10 6x4 Tee 1 EA $285.00 $285.00
11 4" Hymax Sleeve 1 EA $225.00 $225.00
12 6" 11-1/4" Bend 2 EA $250.00 $500.00
13 6" 22-1/2" Bend 1 EA $250.00 $250.00
14 6" 45 Bend 34 EA $250.00 $8,500.00
15 6" 90 Bend 16 EA $280.00 $4,480.00
16 6" Tee 13 EA $290.00 $3,770.00
17 6" Gate Valve 14 EA $950.00 $13,300.00
18 6" Hymax Sleeve 4 EA $295.00 $1,180.00
19 6" Cap 2 EA $150.00 $300.00
20 6" Plug 1 EA $150.00 $150.00
21 6" Insertion Valve 4 EA $2,950.00 $11,800.00
22 8x6 Tapping Sleeve & Valve on 01 1 EA $4,250.00 $4,250.00
23 6x6 Tapping Sleeve & Valve on 01 2 EA $3,850.00 $7,700.00
24 6" TappinQ Sleeve & Valve on AC 1 EA $3,850.00 $3,850.00
25 Fire Hydrant Assembly 8 EA $3,200.00 $25,600.00
26 Water Service Connections 27 EA $375.00 $10,125.00
27 Water Service Ancillary Items 33 EA $400.00 $13,200.00
28 Water Service Pipe PE 100 LF $10.00 $1,000.00
29 Water Service Pipe Copper 520 LF $14.00 $7,280.00
30 PVC Pipe Sleeves 290 LF $10.00 $2,900.00
31 16" Cap 1 EA $1,560.00 $1,560.00
32 2" Blowoff 2 EA $850.00 $1,700.00
33 Grout Fill & Abandon 6" FM 800 LF $5.00 $4,000.00
34 Grout Fill & Abandon 16" FM 2500 LF $12.00 $30,000.00
35 Grout Fill & Abandon 6" WM 3100 LF $5.00 $15,500.00
36 Grout Fill & Abandon 4" WM 100 LF $5.00 $500.00
37 Remove 16" FM 350 LF $12.00 $4,200.00
38 Remove 6" WM 300 LF $10.00 $3,000.00
39 Remove Fire Hydrant 1 EA $350.00 $350.00
40 Connection to ExistinQ WM 5 EA $3,250.00 $16,250.00
41 Permanent Asphalt Trench Repair 300 SY $45.00 $13,500.00
42 Temporary Trench Repair Roadway Areas 450 SY $30.00 $13,500.00
43 Permanent Driveway Apron Repair 400 SY $48.00 $19,200.00
44 Temporary Trench Repair Driveway Areas 400 SY $30.00 $12,000.00
45 Permanent Cone Sidewalk Repair 20 SY $45.00 $900.00
46 Temporary Sidewalk Repair 700 SY $35.00 $24,500.00
.17 r.llrh Rpnl::lrpm::lnt 1nn I I=" <I:.1n nn <1:.1 nnn nn
48 Sodding 1250 SY $3.25 $4,062.50
49 Seed and Mulch 2300 SY $0.50 $1,150.00
50 Project Record Drawings/Asbuilts 1 LS $3,000.00 $3,000.00
51 Survey 1 LS $3,500.00 $3,500.00
52 Density testing 1 LS $5,500.00 $5,500.00
Total $390,682.50
Notes I Exclusions:
1. Relocation or Removal of Poles
Larry Manning
Palm Beach Grading, Inc.
EXHIBIT "C"
DEVELOPER'S INSURANCE CERTIFICATE FORM
(Attached)
;s certificate is executed b Liberty Mutual Inswance Grou as IS such insurance as is afforded by lhose com anies BM0068
Certificate of Insurance
his certificate is issued as a matter of infonnation only and confers no rights upon the certificate holder. 1bis certificate is not an insurance policy and does not affinnatively or negatively amend, extend, or
Iter the coverage afforded by the policies listed below. Policy limits are no less than those listed, although policies may include additional sublimits not listed below Policy limits may be reduced by claims
r other ents.
'his is to certify that (Name and address of Insured) t1i... .. .. ...... .'. ...... . .....
950CongressAvenue,LLC . ,. '" '., ......L. ..H....b.........................m.......... ......:.....
'he Sembler Company Inc_ . . "" , .. I. . e ': '
8~8CentralAve. . ........ .:MutUaI~~
:atnt Petersburg, FL 33707 .. .... ...... ....
at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed poIicy{ies) is subject to all their terms, exclusions and conditions and
oot altered by any reQuirement, term or condition of any contract or other document with resnecl to which this certificate mav be issued.
Expiration Type EfTJExp. Date(s) Policv Number(s) Limits of Liabilitv
ContinuQus* Coverage afforded under we law of Em ployers Liability
,- E t d d tbefollowingstates: B d'l I' B A "d t
I-- X en e 0 I Y nJury Y CCl en
X Policy Term Each Accident
Bodily Injury By Disease
Policy Limit
Workers Compensation Bodily Injury By Disease
Each Person
01/0112009/01/0112010 TB2-651-288543-o19 General Aggregate-Other than Prod/Completed Operations
General Liability $2,000,000
Products/Completed Operations Aggregate
U Claims Made $2,000,000
rxl Occurrence Bodily Injury and Property Dall1age Liability Per
$1,000,000 Occurrence
I Retro Date I Personal and Advertising Injury Per Person /
$1,000,000 On!anization
Other Liability {Other Liability
$100,000 Dmg to Prem Rtd.
Olf0112009/0lfOl12010 ASl-651-288543-o29 Each Accident - Single Limit - B. I. and P. D. Combined
Automobile Liability $1,000,000
Each Person
Owned
-
~ Non-Owned Each Accident or Occurrence
X Hired
Each Accident or Occurrence
: RE: THE CERTlFlCATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY COVERAGE (LG
) 3220).
VI
VI
~
'<l
r
;
MPORTANT If the certificale holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of SUCh endorsement(s). If
;llBROGATlON IS W AlVED. subject to the fonns and conditions of the policy, certain policies may require an endorsement A statement on this cenificate does not confer rights 10 the certificate holder in lieu of such endorsements.
[he following applies only with respeClIO ill$Ul3Ilce for mOlar carriers registered in Florida: As provided for in Fla. Sut. ~ nO.02(S)(e), the listed insurance policy may not he cancelled on leu than 30 days written notice by the insurer
o the Department ofHwy Safety & MOl'" Vehicles, such 30 d.1y! n<>tice to camme""" rrom d.1tenotice is ,-ecejyed by lbe Departmen~
lotice of cancellation. (not applicable onles. a number of days i. entered below). Notice of Cancellation doe. not apply when policy(ies) are canceled due to non-payment of premium. Before the staled expirati"" date the company
llilJ not cancelOf' reduce the insurance afforded under the above policies until at least 30 d~ys notice of such cancellation has been mailed to the be~ow listed Certificate Holder
Office: IT.LAUDERDALE,FL-COMMERCIALMKTS Phone: 954-851-1050 ~. ... L ~ $.' \ /-..' - .... ..... ... L. J.'
~~~...A.. "t-'.;,/...../;La..,.,~~_
Certificate Holder: FELICE VINARUB
CITY OF BOYNTON BEACH Authorized Renresentative
DIRECTOR OF PUBLIC WORKS & ENG_
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33425
Date Issued: 01/06/2009 Prepared By: LW
A CORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
01/09/09
PRODUCER 1-727-797-4190 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2600 McCormick Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 300
Clearwater, FL 33759
Randy Squires INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: NATIONAL SURETY CORP 21881
1950 Congress Avenue, LLC
The Semb1er Company INSURER B:
5858 Central Avenue INSURER C:
St Petersburg, FL 33707-1728 INSURER D:
INSURER E.
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ Pg,}+~~~~~gg~E P8~'fJt~~g't~N
LTR TYPE OF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
- DAMA,,'=. I u_ "t:N I t:u
COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence) $
I CLAIMS MADE D OCCUR MED EXP (Anyone person) $
- PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
~n PRO- n
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
A EXCESs/UMBRELLA LIABILITY SUOOO054001003 01/01/09 01/01/10 EACH OCCURRENCE $25,000,000
~ OCCUR D CLAIMS MADE AGGREGATE $25,000,000
$
~ DEDUCTIBLE $
X RETENTION $ 0 $
WORKERS COMPENSATION AND I WC STATU- I IOTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Umbrella is follow form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Boynton Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
-
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
100 E Boynton Beach Blvd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE
USA ~ ~
ACORD 25 (2001/08) stabroo @ACORDCORPORATION 1988
10860991
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
EXHIBIT "C-l"
CONTRACTOR'S INSURANCE CERTIFICATE FORM
(Attached)
H:\1990\900182.BB\AGREEMENTS 2009\OBR Utility Construction Contract.doc
ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlODIYYYY)
01/15/2009
PRODUCER (305) 822-7800 FAX (305)822-1621 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami Lakes. FL 33014-9315
INSURERS AFFORDING COVERAGE NAIC#
INSURED Palm Beach Gradi n9 Inc. INSURER A: Phoenix Insurance Company
PBG of Central Florida, Inc. INSURER B: Travelers Property Casualty
Silas Equipment, LLC INSURERC: Bridgefield Employers Ins Co
1250 Gateway Road INSURER D:
Lake Park, FL 33403 INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
l!'f~~ ~g~ TYPE OF INSURANCE POLICY NUMBEIl POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY DT-CQ-345K8890-COF-08 09/05/2008 09/05/2009 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000
I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 10,000
A X PO DED OCC $5K PER ENDl. CGD2470805 PERSONAL & ADV INJU RY $ 1,000,000
X BLNKT ADD'L INSD PER ENOl. CG20370704 GENERAL AGGREGATE $ 2,000,000
- PER ENDT. CGD610305 2,000,000
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS" COMP/OP AGG $
I POLICY [Xl ~~gT n lOC CONTRACTUAL LIAB INCL
AUTOMOBILE LIABILITY }T-810-345K8890-lIL-08 09/05/2008 09/05/2009 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accidenl) $ 1,000,000
-
All OWNED AUTOS BODilY INJURY
- {Pe, person) $
SCHEDULED AUTOS
B -
X HIRED AUTOS BODILY INJURY
- {Per accident} $
X NON.OWNED AUTOS
X VARIOUS OED PROPERTY DAMAGE
- (Per accident) $
GARAGE LIABILITY AUTO ONl Y " EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY, AGG $
EXCESSIUMBRELLA LIABILITY DT M-CUP-345K8890-TIL-08 09/05/2008 09/05/2009 EACH OCCURRENCE $ 10,000,000
:K] OCCUR o CLAIMS MADE AGGREGATE $
B UMBRELLA $ 10,000,000
~ DEDUCTIBLE IS FOLLOW-FORM $
X RETENTION $ 10,000 $
WORKERS COMPENSATION AND 83029807 02/01/2008 02/01/2009 X I T~~~;r~D!;J IOJb'"
EMPLOYERS' LIABILITY 1,000,000
C ANY PROPRIETORI?ARTNER/EXECUTIYE E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE" EA EMPLOYEE $ 1,000,000
II yes, describe under 1,000,000
SPEC IAl PROVISIONS below E.L DISEASE" POLICY LIMIT $
OTHER QT6606382l321-TIL-08 09/05/2008 09/05/2009 LEASED/RENTED $500,000
A QUIPMENT FLOATER SCHEDULED EQUIPMENT
DED-5K/CRANES 15% OF VALUE
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
ity of Boynton Beach, 1950 Ave, LLC and Wells Fargo, N.A. are named additional insured on
general liability insurance.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Boynton Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
100 E. Boynton Beach Blvd. OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Boynton Beach, FL 33425 AUTHORIZED REPRESENT A TIVE '/~ J~d
Richard French/SANOYS
ACORD 25 (2001/08) @ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Christopher Roschek
Utilities
FROM: Janet M. Prainito
City Clerk
DATE: February 18, 2009
SUBJECT: R09-039 - Agreement between the City of Boynton Beach and
1950 Congress Avenue, LLC for Construction Services
Attached for your information and files is the fully executed agreement mentioned
above and a copy of the Resolution. Since the document has been fully executed, I
have retained the original for Central File.
Thank you.
T1YJo p~
Attachments (2)
c: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmitlals\2009\Suzanne Gitto - R09-027.doc
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