R19-112 1 RESOLUTION NO. R19-112
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN A CONTRACT WITH KILLEBREW,
6 INC., OF LAKELAND, FL FOR SCOPE OF WORK THAT
7 INCLUDES PRE- CHLORINATED PIPE BURSTING OF
8 POTABLE WATER MAINS ON NE 1ST ST., IN THE
9 AMOUNT OF $702,794.00 PLUS A 10% CONTINGENCY OF
10 $70,279.94 IF NEEDED FOR STAFF APPROVAL OF
11 CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR
12 A TOTAL EXPENDITURE OF $773,073.94; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, the City has identified water main piping on NE 1 St Street that will
16 require replacement due to pipe bursting for a total of 2,300 linear feet of existing 10"
17 asbestos cement water main piping from Boynton Beach Blvd., to NE 9th Avenue; and
18 WHEREAS, on May 17, 2016 the City Commission awarded Bid No. 036-2821-
19 16/TP for Pre-Chlorinated Pipe Bursting of Potable Water Mains to two vendors, one of
20 which is Killebrew, Inc.; and
21 WHEREAS, the City Commission approved a one year renewal of that Bid award
22 on April 16, 2019; and
23 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
24 of staff,deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
25 and authorize the City Manager to sign a contract with Killebrew, Inc., based on Bid No. 036-
26 2821-16/TP for work that includes pre-chlorinated pipe bursting of potable water mains on NE
27 1St Street in the amount of$702,794.00 plus a 10% contingency of$70,279.94 if needed for
28 staff approval of change orders for unforeseen conditions for a total expenditure of$773,073.94.
29 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
34 approves the award of bid and authorizes the City Manager to sign a contract with Killebrew,
35 Inc. of Lakeland, FL for scope of work that includes pre- chlorinated pipe bursting of potable
36 water mains on NE 1St Street in the amount of $702,794.00 plus a 10% contingency of
37 $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total
38 expenditure of$773,073.94 , a copy of which is attached hereto as Exhibit"A".
39 Section 3. That this Resolution shall become effective immediately.
40 PASSED AND ADOPTED this 15th day of October, 2019.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor—Steven B. Grant ✓
46
47 Vice Mayor—Justin Katz ✓
48
49 Commissioner—Mack McCray
50
51 Commissioner—Christina L. Romelus ✓
52
53 Commissioner—Ty Penserga r/
54
55 VOTE S�4
56 ATTEST:
57
58
59
60 C stal Gibson, MMC
61 City Clerk
62
63
64 (Corporate Seal) .;04.;
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CONSTRUCTION CONTRACT
RE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
NE 1ST STREET 12IN BURSTING PIPE BURSTING
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as"CITY°, and Killebrew,Inc., a corporation authorized to do business
in the State of Florida, hereinafter referred to as the`CONTRACTOR'.
WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain
construction services.
WHEREAS, at its meeting of October 15,2019, by Resolution No.:1q-IN ,the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 036-
2821-16/TP, and;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK.
CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary
WORK in the manner and form provided in the Contract Documents entitled: Re-Bid Pre-Chlorinated Pipe
Bursting of Potable Water Mains', Invitation to Bid#036-2821-16/TP.
Article 2. CONTRACT TIME; LIQUIDATED DAMAGES.
2.1 The WORK will be substantially completed within 120 calendar days from the date when the
Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.9 of the General
Conditions within 30 calendar days from the date of Substantial Completion.
2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is
of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. Each of the parties
acknowledges that it has attempted to quantify the damages which would be suffered by the
CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one
has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR
also recognize and acknowledge the delays, expense and difficulties involved in proving in a
legal preceding the actual loss suffered by the CITY if the WORK is not completed on time.
Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as
liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY, EIGHT
HUNDRED Dollars ($800.00) for each day that expires after the time specified in paragraphs
3.1 for substantial completion until the WORK is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK
within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR
shall pay CITY TWO HUNDRED Dollars ($200.00) for each day that expires after the time
specified in paragraph 3.1 for completion and readiness for final payment.
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Article 3. CONTRACT PRICE.
CITY shall pay CONTRACTOR,for faithful performance of the Contract, in lawful money of the United States
of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum
as follows:
Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently
revised and as stated herein,a copy of such Bid Form being a part of the Contract Documents,
the aggregate amount of this Contract (obtained from either the lump sum price, the
application of unit prices to the quantities shown in the Bid Form or the combination
of both)not to exceed:
SEVEN HUNDRED TWO THOUSAND SEVEN HUNDRED NINETY-FOUR DOLLARS AND ZERO CENTS
(Written)
$702,794.00
(Numerical)
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. CITY will process Applications for Payment as provided in the General Conditions.
4.1 Progress Payments. CONTRACTOR may submit an Application for Payment as
recommended by CONSULTANT, for WORK completed during the Project at intervals of
not more than once a month. All progress payments will be on the basis of the progress
of WORK measured by the schedule of values established in Paragraph 2.9.1 of the
General Conditions and in the case of Unit Price Work based on the number of units
completed or, in the event there is no schedule of values, as provided in the General
Requirements.
4.2 Prior to Substantial Completion progress payments will be made in an amount equal to
90% of WORK completed, but, in each case, less the aggregate of payments previously
made and less such amounts as CONSULTANT shall determine,or CITY may withhold, in
accordance with paragraph 14.5 of the General Conditions.
4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the
Work that is the subject of the Application. Each Application for Payment shall be submitted
to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty
(30) days after approval by the CITY of CONTRACTOR'S Application for Payment and
submission of an acceptable updated progress schedule.
4.4 Ten percent(10)of all monies earned by the CONTRACTOR shall be retained by CITY
until fifty(50) percent completion of the construction services purchased (defined as that
point at which fifty(50)percent of the construction of the work as defined in the Contract
Schedule of Values has been performed under the contract by the CONTRACTOR)has
been reached.
4.5 After fifty(50) percent completion of the construction work purchased under the Contract
has been reached,five(5) percent of all monies earned by the CONTRACTOR shall be
retained by the CITY until Final Completion and acceptance by CITY.
4.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary
to protect itself from loss on account of:
a. Defective Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims by other
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parties against CONTRACTOR.
c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS
or for material or labor.
d. Damage to another CONTRACTOR not remedied.
e. Liquidated damages and costs incurred by the CITY for extended construction
administration.
When the above grounds are removed or resolved or CONTRACTOR provides a surety
bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the
amount withheld, payment may be made in whole or in part.
4.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with
paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract
Price as recommended by CONSULTANT as provided in paragraph 14.10.
Article 5. CONTRACTOR GUARANTEE.
CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects
owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered
by this Contract. The CONTRACTOR,free of all costs to the CITY,shall replace any part of the equipment,
materials, or work included in this Contract, which proves to be defective by reason of faulty materials,
damages, and/or workmanship within twelve(12)month period.
Article 6. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
6.1 Notice to Contractors
6.2 Instructions to Bidders
6.3 Bid Forms(including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid
Bond,and all required certificates,affidavits and other documentation)
6.4 Warranty of Title/insurance Advisory Form
6.5 Contractor's Performance and Payment Bond
6.6 General Conditions for Construction
6.7 Supplemental Conditions for Pipe Bursting
6.8 City Special Conditions'I'
6.9 City Technical Specifications'II'
6.10 City Construction Standards and Details'III'
6.11 Pipe Bursting Standards—Section 4&Section 5'IV'
6.12 Certification Pursuant to Florida STATUTE§287.135
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ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt
requested and if sent to the CITY shall be mailed to:
City of Boynton Beach Copy to: Procurement Services
Attn:Tremaine Johnson, Manager, Field Operations Attn: Director of Finance
City of Boynton Beach
124 E.Woolbright Road 3301 Quantum Boulevard, Suite 101
Boynton Beach, FL 33435 Boynton Beach FL 33426
Tel(561)742-6476 Tel(561)742-6322
Fax(561)742-6316
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR: Killebrew, Inc.
ADDRESS: 2830 Winter Lake Rd
CITY/STATE/ZIP: Lakeland, FL.33803
PO Box 6258
Lakeland, FL 33807
Attn: William C.Thomas IV
Tel: (863)701-0273
Fax: (863)701-0621
Article 8. INDEMNITY.
In consideration of Twenty-Five Dollars($25.00)In hand paid and other valuable consideration,receipt of which
is hereby acknowledged,CONTRACTOR agrees to defend,indemnify and hold harmless the CITY, its agents
and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and
made a part hereof as if fully set forth herein. it is the specific intent of the parties hereto that the foregoing
indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said
parties that all of the Contract Documents on this Project are hereby amended to include the foregoing
indemnification and the Specific Consideration.
Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES.
Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR
shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period
between said specified or adjusted time and the actual date of final completion. All such expenses for
consulting and inspection incurred by the CRY will be charged to CONTRACTOR and be deducted from
payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as
CONSULTANT charges associated with the construction contract administration, including resident project
representative costs.
Article 10. FLORIDA'S PUBLIC RECORDS LAW.
The City is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's
Public Records Law. Specifically,the Contractor shall:
10.1 Keep and maintain public records required by the CITY to perform the service;
10.2 Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statue or as otherwise provided by law;
10.3 Ensure that public records that are exempt a that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contact term and, following completion of the contract Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
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the Contractor transfers the records in its possession to the City;and,
10.4 Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,
all public records in Contractor's possession. All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the Information technology systems of the CITY.
10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BOULEVARD, SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473,
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer
further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List,or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or
services with any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's
determination concerning the false certification. Contractor shall have five(5)days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,
as amended from time to time.
Article 12. MISCELLANEOUS.
12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to
be bound; and specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent(except to the extent that
the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
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"This Agreement will take effect once signed by both parties. This Agreement may be
signed by the parties in counterparts which together shall constitute one and the same agreement
among the parties.A facsimile signature shall constitute an original signature for all purposes.'
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day
and year set forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies, each
of which shall be considered original on the forowing dates:
DATED this day of u__9/}-YJ , 2019.
CITY OF BOYNTON BEACH
(.s,_..--t-A._ Y-Ecillye_a—c_c-x-______ . -""City Manager Contra r Kille rew Inc. - Ian Lund--
Attest/Authenticated: Vice President
Title
jitarel
4,• ` (Corporate Seal)
Cleric n
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Approved, - to • : BOYN'c Attest/Authenticated:
iLkAiLL kt`' PLU`iXi-C)--
• •= , City ' Sec .y Denise Henderson
Boynton Bch Utilities-NE 1sT Street 1 Zn Bursting Pre-Chlorinated Pipe Bursting of Potabia Water Mains C-6
Revised 10/2/2019
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Boynton Bch Utilities-NE 1$T Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert name of Contractor)
as Principal,
(Address or legal title of Contractor)
hereinafter called Contractor, and
(Name and address of Surety)
as Surety, hereinafter called Surety,are held and firmly bound unto CITY OF BOYNTON BEACH,
P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner,
in the amount of Dollars
($ ), for payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS,
Contractor has by written agreement dated 20 ,entered
into a contract with Owner for in
accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof,and is hereinafter referred to as the Contract.
Boynton Bch Utilities—NE 1sT Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform such Contract, then this obligation shall be null and void;
otherwise, it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the most responsible bidder,or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the most responsible bidder, arrange for
a contract between such bidder and Owner, and make available as work progresses (even
though there should be a default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph) sufficient funds to pay the cost of completion
less the balance of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price", as used in this paragraph, shall mean the
total amount payable by Owner to Contractor under the contract and any amendments thereto,
less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one(1)year from the date on
which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner named herein or the heirs, executors, administrators or successors of the Owner.
This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor,
materials, or supplies for the prosecution of the wort, furnish the Contractor with a notice that he
intends to look to the bond for protection. A claimant who is not in privity with the Contractor and
who has not received payment for its labor, materials, or supplies shall, within 90 days after
performance of the labor or after complete delivery of the materials or supplies, deliver to the
Contractor and to the Surety written notice of the performance of the labor or delivery of the
materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be
instituted against the Contractor or the Surety unless both notices have been given. No action
shall be instituted against the Contractor or the Surety on the bond after one (1) year from the
performance of the labor or completion of delivery of the materials or supplies.
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THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Signed and sealed this _day of 2019.
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Boynton Bch UUiities—NE 181-Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-3
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
�ir,-
e.
-
PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Insert name of Contractor)
as Principal,
(Address or legal title of contractor)
hereinafter called Principal, and
(Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH,
P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner,
for the use and benefit of claimants as here below defined, in the amount of
Dollars ($ ), for payment whereof Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Principal has by written agreement dated
2019, entered into a contract with Owner for
in
accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof,and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and material used or
reasonably required for use in the performance of the Contract, then this obligation shall be null
and void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor
of the Principal for labor, material or both, used or reasonably required for use in the
performance of the Contract, labor and material being construed to include that part of water,
Boynton Bch Utilities-NE 1ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined, who has not been paid in full before the expiration of a
period of ninety(90) days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final judgment for such sum or sums as may
be justly due claimant, and have execution thereon. The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have
given written notice to any two of the following: the Principal, the Owner, or the Surety
above named, within ninety(90)days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for which such claimant is made, stating
with substantial accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for when the work or labor was done or performed. Such
notice shall be served by mailing the same by registered mail or certified mail, postage
prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where
an office is regularly maintained for the transaction of business, or served in any manner
in which legal process may be served in the State in which the aforesaid project is located,
save that such service need not be made by a public officer.
b. After the expiration of one (1)year following the date on which Principal ceased work on
such Contract, it being understood, however, that if any limitation embodied in this bond
is prohibited by any law controlling the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period of limitation permitted by such
law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the
United States District Court for the district in which the Project, or any part thereof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which
may be filed of record against such improvements, whether or not claim for the amount of
such lien be presented under and against this bond.
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended.
A claimant,except a laborer, who is not in privity with the Contractor and who has not received
payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish
labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a
notice that he intends to look to the bond for protection. A claimant who is not in privity with
the Contractor and who has not received payment for its labor, materials, or supplies shall,
within 90 days after performance of the labor or after complete delivery of the materials or
supplies, deliver to the Contractor and to the Surety written notice of the performance of the
labor or delivery of the materials or supplies and the nonpayment. No action for the labor,
materials, or supplies may be instituted against the Contractor or the Surety unless both
notices have been given. No action shall be instituted against the Contractor or the Surety on
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THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
the bond after one(1)year from the performance of the labor or completion of delivery of the
materials or supplies.
Signed and sealed this day of , 2019.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Boynton Bch Utilities—NE 1 ST Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-3
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
I, Ian Lund-President , on behalf of Killebrew,Inc. certify
Print Name and Title Company Name
that Killebrew,Inc. doss not
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Contractor of the Citys determination concerning the false
certification.The Contractor shall have ninety(90)days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
Contractor does not demonstrate that the Citys determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Florida Statute§287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is
engaged in a boycott of Israel; and
2) Contracting with companies for goods or services in any amount that are on either, the
Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant
to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company
identified above in the section entitled 'Contractor Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Boynton Bch Utilities—NE 1ST Street 12in Bursting Pre-Chlodnat.d Pipe Bursting of Potable Water Mains Scrutinized Companies-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Statutes, the submission of a false certification may subject the company to civil penalties,
attomey's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
Killebrew, Inc.
COMPANY NAME SIGNATURE
Ian Lund Vice President
PRINT NAME TITLE
Boynton Bch Utl es—NE 1u Street 121n Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains Scrutinized Companies-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SIJBMtTTED
AT AWARD
4:4\
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF , being first duly sworn, deposes and says
as follows:
He is
of
(Title) (Name of Corporation or Firm)
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
which is named in Construction Contract dated the day of
20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida
as the OWNER, for the construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for
Payment dated , passes to the Owner at the time of payment free and
clear of all liens, and all laborers, material men and subcontractors have been paid for performing or
furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final
Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of , 2019.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Boynton Bch Utilities—NE 18T Street 12in Bursting Pre-Chlorinated Pipe Bursting of Potable Water Mains WT-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
WITH FINAL,APPLICATION FOR PAYMENT
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing
the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance
companies providing insurance coverages must have a current rating by A.M. Best Co.of"B+'or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor)
The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City:
(NOTE: This list is not all Inclusive,and the City reserves the right to require additional types of insurance,or
to raise or louver the stated limits,based upon identified risk.)
(Occurrence Based Only) MINIMUM UMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med.Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
---------------------------
Garage Liability Auto Only, Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $ 1,000,000.00
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employers Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
----------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
INSURANCE ADVISORY FORM