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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 \ \apps3 city cbb \auto\Data \183\ Items \175 537 \3366 \Reso_- _ILA_wrth_PBC_for open _cuts_(2013) doc 1i 4 5 J 7 3 5 1C 11 12 1 1 1 1 1 1 1 20 21 22 23 24 25 23 27 29 2 1 3 31 32 33 34 35 33 37 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: \ \apps3 city c 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 J �',d•. FlOA1DP : Z•s APPROVED AS TO FO .9 r .•A1�1 S APPROVED AS TO TERMS AND CONDITIONS 1 LEGAL SUFFICIENCY ”` "\\\•••••• "��� r 7;9_(/: 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 F B Y 1 1 a 4 .` City A o e " • i' (.t ..ri d� .1 zP•.P Y. 3`a \iilunh ix ,n _ , 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). 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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 America's Gateway to the Gu�fstream