R21-099 1 RESOLUTION NO.R21-099
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AWARD OF BID NO. 079-2821-21
5 FOR "PRE-CHLORINATED PIPE BURSTING OF
6 POTABLE WATER MAINS",AND AUTHORIZE THE CITY
7 MANAGER TO SIGN CONTRACTS WITH MURPHY
8 PIPELINE CONTRACTORS, OF JACKSONVILLE, FL AS
9 THE PRIMARY VENDOR AND KILLEBREW, INC., OF
10 LAKELAND, FL AS THE SECONDARY VENDOR FOR AN
11 INITIAL TWO (2) YEAR PERIOD; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on June 11, 2021, Procurement Services received and tabulated three(3)
15 bids in response to the advertised Bid No. 079-2821-21/TP; and
16 WHEREAS, Foster Marine Contractors, Killebrew, Inc and Murphy Pipeline
17 Contractors, were evaluated and it was determined that Murphy Pipeline Contractors and
18 Killebrew, Inc. were the lowest, responsible and responsive bidders based on their bid
19 submittals; and
20 WHEREAS, after the initial two (2) year bid term, bid documents allow for three (3)
21 additional (1) year renewals with the same terms, conditions and pricing; subject to vendor
22 acceptance, satisfactory performance and determination that renewal will be in the best interest
23 of the City; and
24 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
25 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
26 Approve Award of Bid No. 079-2821-21 for"Pre-Chlorinated Pipe Bursting of Potable Water
27 Mains", and authorize the City Manager to sign contracts with Murphy Pipeline Contractors,
28 of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the
29 Secondary Vendor for an initial two (2) year period. This bid will be utilized on an "AS
30 NEEDED"Basis with an estimated annual expenditure of$600,000.00.
S:\CA\RESO\Agreements\Award Bid and Contracts to Murphy and Killebrew for PreChlorinated Pipe Bursting-Reso.docx
-1-
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption.
35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
36 approves Approve Award of Bid No. 079-2821-21 for "Pre-Chlorinated Pipe Bursting of
37 Potable Water Mains", and authorize the City Manager to sign contracts with Murphy Pipeline
38 Contractors,of Jacksonville,FL as the Primary Vendor and Killebrew, Inc.,of Lakeland,FL as
39 the Secondary Vendor for an initial two (2) year period. This bid will be utilized on an "AS
40 NEEDED" Basis with an estimated annual expenditure of $600,000.00. A copy of each
41 Contract is attached hereto as Exhibit"A"and "B"respectively.
42 Section 3. That this Resolution shall become effective immediately.
43 PASSED AND ADOPTED this 3rd day of August, 2021.
44 CITY OF BOYNTON BEACH,FLORIDA
45 YES NO
46
47 Mayor—Steven B. Grant
48
49 Vice Mayor—Woodrow L. Hay
50
51 Commissioner—Justin Katz ✓
52
53 Commissioner—Christina L. Romelus
54
55 Commissioner—Ty Penserga
56
57 VOTE —(�
58 ATTEST:
59 $41;di
60 E !t//LSI ,
61 Tammy Stanzi• e
62 Deputy City • erk •
63 It)','()
64 •
•
65 (Corporate Seal) • •
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S:\CA\RESO\Agreements\Award Bid and Contracts to MuiptIx and Killebrew for PreChlorinated Pipe Bursting-Reso.docx
-2-
R21-099
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as"CITY", and MURPHY PIPELINE CONTRACTOR, LLC, a
corporation x partnership sole proprietor 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 AUGUST 3, 2021, by Resolution No.: R21-099, the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract
No.: 079-2821-21 , and,
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK.
The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at
various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site
restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary
to complete the City's project(s). The work shall include furnishing all labor, materials, equipment,
incidentals and appurtenances to complete the scope of work in the manner and form provided in the
Contract Documents entitled: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS,
Invitation to Bid#079-2821-21.
Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at
time of need.
Article 2. TIME FOR PERFORMANCE.
1 1 Work under this Agreement shall commence upon the giving of written notice by the City to the
Contractor to proceed. Contractor shall perform all services and provide all work product
required pursuant to this Agreement.
Article 3. TERM.
3.1 This initial Agreement period shall be for an initial term of two(2)years,commencing on August
3, 2021 — August 2, 2023. The City reserves the right to renew the agreement with the same
terms and conditions for three (3) one-year renewal terms subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the City.
At the City's request, the Firm shall continue services beyond the final expiration date as
approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-
month period
Article 4. PAYMENT PROCEDURES.
The Contractor shall be paid by the City for completed work and for services rendered in accordance with
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-1
Revised 4/13/2021
the Schedule of Prices to this Agreement as follows:
a. Payment for the work provided by Contractor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Contractor shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or designee.
b. The Contractor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Contractor in the amount approved.
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
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. ASSIGNMENT.
The Contractor shall not sublet or assign any of the services covered by this Agreement without the express
written consent of the City.
Article 7. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
7.1 Invitation to Bid
7.2 Instructions to Bidders
7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved
Bid Bond, and all required certificates, affidavits and other documentation)
7.4 Contract
7.5 Contractor's Performance and Payment Bond
7.6 General Conditions
7.7 Special/ Supplemental Conditions
7.8 Technical Specifications
4.9 City Construction Standards and Details (available online at: www.bovnton-
beach.orq/water-utilities/new-construction)
7.9 Drawings/Plans entitled: Appendix A
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-2
Revised 4/13/2021
7.10 Addendum No. 1 Dated 5-26-2021.
7.11 Addendum No. 2 Dated 6-3-2021.
Article 8. INTEGRATED AGREEMENT.
This agreement, together with attachments or addenda, represents the entire and integrated agreement
between the City and the Firm and supersedes all prior negotiations, representations,or agreements written
or oral. This agreement may be amended only by written instrument signed by both City and Firm.
Article 9. OWNERSHIP AND USE OF DOCUMENTS.
All documents, drawings, specifications and other materials produced by the Firm in connection with the
services rendered under this Agreement shall be the property of the City whether the project for which they
are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information, reference and use in connection with Firm's endeavors.
Article 10. COMPLIANCE WITH LAWS.
CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to the services
to be rendered under this agreement
Article 11. INSURANCE.
The CONTRACTOR shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and
$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage,
and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000
aggregate with defense costs in addition to limits; workers'compensation insurance, and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written
notice to the City. Certificates of coverage as required by this section shall be delivered to the City within
fifteen (15)days of execution of this agreement.
Article 12. COVENANT AGAINST CONTINGENT FEES.
The CONTRACTOR warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he
has not paid or agreed to pay any company or person, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without liability
or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Article 13. INDEPENDENT CONTRACTOR.
The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect
to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create
the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any
employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial insurance program,
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-3
Revised 4/13/2021
otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
Article 14. DISCRIMINATION PROHIBITED.
The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the
grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or supplies.
Article 15. TERMINATION.
15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30)
days written notice to the Vendor.
15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project,the surviving members of the Vendor hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the Vendor and the City, if the City so chooses.
Article 16. DISPUTES.
Any disputes that arise between the parties with respect to the performance of this Agreement, which
cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm
Beach County, Florida. This Agreement shall be construed under Florida Law.
Article 17. NOTICES: 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 City of Boynton Beach
Utilities Department Finance Department
Attn: Tremaine Johnson, Operations Attn: Director of Finance
Manager
124 E. Woolbright Road 100 E. Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
Tel (561) 742 -6476 Tel (561) 742-6310
Fax(561) 742-6316
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR: Murphy Pipeline Contractors LLC
ADDRESS: 12235 New Berlin Rd
CITY/STATE/ZIP: Jacksonville, Florida 32226
Attn: Taylor Morris
Tel: 904-764-6887
Fax: 903-379-6193
Email: taylorm(a�teamipr.com
Article 18. 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
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-4
Revised 4/13/2021
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 19. 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 CITY 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 20. FLORIDA'S PUBLIC RECORDS LAW.
Sealed documents received by the City in response to an invitation are exempt from public records
disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award
sooner, in accordance with Florida Statutes 119.07.
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:
20.1 Keep and maintain public records required by the CITY to perform the service;
20.2 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;
20.3 Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contact term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the City; and,
20.4 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.
20.5 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)
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6061
GIBSONC@BBFL.US
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-5
Revised 4/13/2021
Article 21. 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 22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited
to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for
a contractor or another subcontractor in exchange for salary,wages,or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes,effective January 1,2021, Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of
all newly hired employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat.,"Employment Eligibility,"as amended from time to time.This includes,
but is not limited to registration and utilization of the E-Verify System to
verify the work authorization status of all newly hired employees. Contractor
shall also require all subcontractors to provide an affidavit attesting that the
subcontractor does not employ, contract with, or subcontract with, an
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-6
Revised 4/13/2021
unauthorized alien. The Contractor shall maintain a copy of such affidavit
for the duration of the contract. Failure to comply will lead to termination of
this Contract, or if a subcontractor knowingly violates the statute, the
subcontract must be terminated immediately. Any challenge to termination
under this provision must be filed in the Circuit Court no later than twenty
(20) calendar days after the date of termination. Termination of this
Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the
statute by the Contractor, the Contractor may not be awarded a public
contract for a period of one (1) year after the date of termination.
Article 23. MISCELLANEOUS.
23.1 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.
23.2 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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-7
Revised 4/13/2021
"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 an original on the following dates:
DATED this // '-day of /1-i j i t s f ,2021.
CITY OF BOYNTON BEACH COMPANY
4.A....,..__tcSk...,—
Lon LaVerriere, City Manager (Signature), Company
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Print Name of Auth rized Official
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Title 61�'y
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(Corporate Seal) ,v
Attest/Authenti -ted:
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Witness /� ..,/
Print Name' /!'/�
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Attested/Authenticated:
C tal Gibson
City Clerk
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING
Revised 4/13/2021
60-Y or
_
1 �P
1-0 N S3
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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 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 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 the bond after one (1) year from the performance of
the labor or completion of delivery of the materials or supplies.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Signed and sealed this day of , 2021.
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-3
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
c.' OF
y/V r ON "`vP
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 , 2021,
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, 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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
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 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 , 2021.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
c,( r 0
-78 O
.r O N t'
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 , 2021.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 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 lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REOUIRED
General Liability General Aggregate $ 1,000,000.00 �M
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
- Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person)$ 5,000.00
Premises Operations
Underground Explosion&
Collapse
Products Completed
Operations Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00-------------
Y�
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
•
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Y
Other-As Risk Identified to be determined
Revised 04/2021 INSURANCE ADVISORY
4e'1l/E R
Everest Reinsurance Company
461 Fifth Avenue, 4th Floor
New York, NY 10017-6234
August 10, 2021
City of Boynton Beach
100 E Ocean Ave
Boynton Beach, FL 33435
RE: Murphy Pipeline Contractors, LLC
Pre-Chlorinated Pipe Bursting of Potable Water Mains
To Whom It May Concern:
Murphy Pipeline Contractors, LLC is a highly regarded and valuable client of Everest
Reinsurance Company, licensed to do business in all 50 states, with an AM Best Rating of A+, XV.
Murphy Pipeline Contractors, LLC has a bonding capacity with our company for $25,000,000 single jobs
and an aggregate amount of$150,000,000.
This is to advise that should a contract be awarded to Murphy Pipeline Contractors, LLC, Everest
Reinsurance Company is prepared to issue 100% Payment and Performance Bonds on behalf of
Murphy Pipeline Contractors, LLC. Issuance of the bonds is subject to application of Everest's
usual and customary underwriting standards and risk selection criteria, including satisfactory contract
terms and provisions, satisfactory bond forms, our receipt of and satisfaction with current underwriting
information from Murphy Pipeline Contractors, LLC evidence of adequate owner financing, and appropriate
request from Inland for us to provide the bonds.
This letter does not constitute an assumption of liability. The issuance of bonds is a matter solely between the surety
and contractor. We assume no liability to you or to any third party by the issuance of this letter.
If you have any questions, please do not hesitate to contact us.
Very truly yours,
EVEREST REINSURANCE COMPANY
M1 is
Victoria P. Parkerson .osuragrP
Attorney-in-Fact o
0 r
c SEAL 1
41) 1973
.'.
EVER ES\.
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company) having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Russell M. Canterbury,Jessica L.Piccirillo,Steven E.Susanin,Woodrow M.Baird, Diane Moraski,
Victoria P.Parkerson,Adam Martin,Kathleen M.Flanagan,Richard A.Leveroni
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attomey(s}in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute,seal end deliver for and on behalf of the Company,any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
urary
��,gp OcN(� Everest Reinsurance Company
SEAL `e
i9nel 2 ••, • "
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!kslAINIA1/ hat/6c_
Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known tome,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS
Notary Public,State of New York [}
No 06ee97
Qualified inn Queens C (// 1 County -'yam,c—
Terre Expires April 25,2023
Linda Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the Liberty Corner,this 1 0th day
of AUQf18t 2021 .
ES 00 01 04 16
R21-099
G�tY Ot'
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as"CITY", and KILLEBREW, INC., a corporation
partnership sole proprietor 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 AUGUST 3, 2021, by Resolution No.: R21-099, the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract
No.: 078-2821-21 , and;
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. SCOPE OF WORK.
The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at
various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site
restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary
to complete the City's project(s). The work shall include furnishing all labor, materials, equipment,
incidentals and appurtenances to complete the scope of work in the manner and form provided in the
Contract Documents entitled: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS,
Invitation to Bid#079-2821-21.
Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at
time of need.
Article 2. TIME FOR PERFORMANCE.
1.1 Work under this Agreement shall commence upon the giving of written notice by the City to the
Contractor to proceed. Contractor shall perform all services and provide all work product
required pursuant to this Agreement.
Article 3. TERM.
3.1 This initial Agreement period shall be for an initial term of two(2)years,commencing on August
3, 2021 —August 2, 2023. The City reserves the right to renew the agreement with the same
terms and conditions for three (3) one-year renewal terms subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the City.
At the City's request, the Firm shall continue services beyond the final expiration date as
approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-
month period.
Article 4. PAYMENT PROCEDURES.
The Contractor shall be paid by the City for completed work and for services rendered in accordance with
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-1
Revised 4/13/2021
the Schedule of Prices to this Agreement as follows:
a. Payment for the work provided by Contractor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Contractor shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or designee.
b. The Contractor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Contractor in the amount approved.
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Contractor's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon request.
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. ASSIGNMENT.
The Contractor shall not sublet or assign any of the services covered by this Agreement without the express
written consent of the City.
Article 7. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto:
7.1 Invitation to Bid
7.2 Instructions to Bidders
7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved
Bid Bond, and all required certificates, affidavits and other documentation)
7.4 Contract
7.5 Contractor's Performance and Payment Bond
7.6 General Conditions
7.7 Special/Supplemental Conditions
7.8 Technical Specifications
4.9 City Construction Standards and Details (available online at: www.bovnton-
beach.orq/water-utilities/new-construction)
7.9 Drawings/Plans entitled: Appendix A
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-2
Revised 4/13/2021
7.10 Addendum No. 1 Dated 5-26-2021.
7.11 Addendum No. 2 Dated 6-3-2021.
Article 8. INTEGRATED AGREEMENT.
This agreement, together with attachments or addenda, represents the entire and integrated agreement
between the City and the Firm and supersedes all prior negotiations, representations,or agreements written
or oral. This agreement may be amended only by written instrument signed by both City and Firm.
Article 9. OWNERSHIP AND USE OF DOCUMENTS.
All documents, drawings, specifications and other materials produced by the Firm in connection with the
services rendered under this Agreement shall be the property of the City whether the project for which they
are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information, reference and use in connection with Firm's endeavors.
Article 10. COMPLIANCE WITH LAWS.
CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and
comply with all federal, state and local laws, ordinances and regulations that are applicable to the services
to be rendered under this agreement
Article 11. INSURANCE.
The CONTRACTOR shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and
$1,000,000 aggregate for personal injury; and$1,000,000 per occurrence/aggregate for property damage,
and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000
aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability
insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written
notice to the City. Certificates of coverage as required by this section shall be delivered to the City within
fifteen (15)days of execution of this agreement.
Article 12. COVENANT AGAINST CONTINGENT FEES.
The CONTRACTOR warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he
has not paid or agreed to pay any company or person, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without liability
or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Article 13. INDEPENDENT CONTRACTOR.
The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect
to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create
the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any
employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the
services provided under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial insurance program,
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-3
Revised 4/13/2021
otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
Article 14. DISCRIMINATION PROHIBITED.
The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the
grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or supplies.
Article 15.TERMINATION.
15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30)
days written notice to the Vendor.
15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project,the surviving members of the Vendor hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the
City. This section shall not be a bar to renegotiations of this Agreement between surviving
members of the Vendor and the City, if the City so chooses.
Article 16. DISPUTES.
Any disputes that arise between the parties with respect to the performance of this Agreement, which
cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm
Beach County, Florida. This Agreement shall be construed under Florida Law.
Article 17. NOTICES: 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 City of Boynton Beach
Utilities Department Finance Department
Attn: Tremaine Johnson, Operations Attn: Director of Finance
Manager
124 E. Woolbright Road 100 E. Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
Tel (561)742-6476 Tel (561)742-6310
Fax(561)742-6316
And if sent to the CONTRACTOR shall be mailed to:
CONTRACTOR: Killebrew, Inc.
ADDRESS: P.O. Box
CITY/STATE/ZIP: Lakeland, Florida 33805
Attn: Adre Poleon
Tel: 863-701-0273
Fax: 863-701-0273
Email: adreno killebrewinc.net
Article 18. 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
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-4
Revised 4/13/2021
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 19. 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 CITY 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 20. FLORIDA'S PUBLIC RECORDS LAW.
Sealed documents received by the City in response to an invitation are exempt from public records
disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award
sooner, in accordance with Florida Statutes 119.07.
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:
20.1 Keep and maintain public records required by the CITY to perform the service;
20.2 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;
20.3 Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contact term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the City; and,
20.4 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.
20.5 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)
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6061
GIBSONC@BBFL.US
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-5
Revised 4/13/2021
Article 21. 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 22. E-VERIFY
22.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited
to, a vendor or consultant.
"Subcontractor"means a person or entity that provides labor, supplies, or services to or for
a contractor or another subcontractor in exchange for salary,wages,or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes,effective January 1,2021, Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of
all newly hired employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
c) The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat.,"Employment Eligibility,"as amended from time to time.This includes,
but is not limited to registration and utilization of the E-Verify System to
verify the work authorization status of all newly hired employees. Contractor
shall also require all subcontractors to provide an affidavit attesting that the
subcontractor does not employ, contract with, or subcontract with, an
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-6
Revised 4/13/2021
unauthorized alien. The Contractor shall maintain a copy of such affidavit
for the duration of the contract. Failure to comply will lead to termination of
this Contract, or if a subcontractor knowingly violates the statute, the
subcontract must be terminated immediately.Any challenge to termination
under this provision must be filed in the Circuit Court no later than twenty
(20) calendar days after the date of termination. Termination of this
Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the
statute by the Contractor, the Contractor may not be awarded a public
contract for a period of one (1) year after the date of termination.
Article 23. MISCELLANEOUS.
23.1 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.
23.2 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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-7
Revised 4/13/2021
"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 an original on the following dates
DATED this ,'O day of /9v_ 4LS . 2021.
CITY OF BOYNTON BEACH COMPANY
lir
,4 Liz.-
---
Lori LaVerriere. City Manager (Sign ure).. CompAny
Print Name of Authorized Official
1/1/6{I /9q4(y)
Title
(Corporate Seal)
Attest/Authenticated
OW,L, t:LeGtizic-o&--
Witness
Print Name
Approved a'. o F. m•
• i/
James •'. herof
Office of the City Attorney
Atteted/Authenticated
.461/&_:.,/ t/i i _
stal Gibson
ity Clerk
Bid No.C7a-2521-21-PRE.chLCF;NATt G PIPE BURSTING -.a
Revised A 11.7.I =1
\T
O
/U
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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 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 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 the bond after one (1) year from the performance of
the labor or completion of delivery of the materials or supplies.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Signed and sealed this day of _, 2021.
Principal (Seal)
Witness
Title
Surety
Witness
Attorney-in-Fact
END OF PERFORMANCE BOND
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-3
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
c,\-t Off,
n2
C`, i ,0
,,
U N
c,_
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 , 2021,
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, 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.
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
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 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_ , 2021.
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-2
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Tr')TY
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 U
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 , 2021.
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 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 lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
------__------ ____— --------------- -------------General Liability 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
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person)$ 5,000.00
Premises Operations
Underground Explosion&
Collapse
Products Completed
Operations Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
----------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
-------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
Revised 04/2021 INSURANCE ADVISORY