2007-069 Anchorage Marina Seawall Emerg. RepairRESOLUTION 2007-69
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT
AWARD TO PALM BEACH MARINE CONSTRUCTION, INC. TO
PROCEED WITH EMERGENCY REPAIRS TO THE ANCHORAGE
PARK SEAWALL AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE
2006-07 BUDGET FOR THE PURPOSE OF TRANSFERRING
$189,150.00 FROM THE UNAPPROPRIATED AND UNDESIGNATED
FUND BALANCE TO THE PARK MAINTENANCE
CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO
FUND THE SEAWALL REPAIR; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to proceed with emergency repairs to the Anchorage
Park seawall; and
WHEREAS, Village Administration recommends that the contract for such repairs,
including design work, be awarded to Palm Beach Marine Construction, Inc., in the total
amount of $189,150.00; and
-- WHEREAS, the Village Council seeks to transfer money from the Unappropriated and
Undesignated Fund Balance to the Park Maintenance - Construction and Major
Renovation Account (Account No. A8023-66210) to fund the emergency seawall repairs;
and
WHEREAS, the Village Council determines that the adoption of this Resolution is u1 the
best interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACII, FLORIDA as follows:
Section 1. The t~~regoing recitals are ratified as true and incorporated herein.
Section2. The Village Council hereby approves the contract with Palm Beach
Marine, Inc. in an amount not to exceed $189,150.00 for the repair of the Anchorage Park
seawall and authorizes the Mayor and Village Clerk to execute the contract on behalf of
the Village, a copy of which is attached hereto. Due to the emergency nature of such
repairs. the Village Council waives the formal bidding requirements.
Section 3. In order to fund the seawall repair, the Village Council of the Village of
North Palm Beach, Florida, does hereby approve the budget amendment for transfer of
the amounts listed below:
Budget Amendment:
Account Description Use Source
General Fund:
A4600-09100 A ro riated Fund Balance $ 189,150
A8023-66210 Park Maintenance-Construction
& Major Renovation $ 189,150
Total General Fund: $ 189,150 $ 189,150
Section 4. The Mayor and Village Clerk are hereby authorized and directed to
execute the budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 28th DAY OF JUNE, 2007.
Edward M. Eissey
(Village Seal) "'-~ , ;, . ~,;,~ ,,!'~
MAYOR
ATTEST:
Christine Wilcott
DEPU"TY VILLAGE CLERK
CONTRACT FOR EMERGENCY SEAWALL REPAIR FOR THE VILLAGE OF
NORTH PALM BEACH
~ _
This Contract is made as of the ~~j day of ~~ N~ , 2007, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as the VILLAGE, and PALM BEACH MARINE
CONSTRUCTION INC., a corporation authorized to do business in the State of Florida, hereinafter
referred to as the CONTRACTOR, whose Federal I.D. is 752997419.
In consideration of the promises and mutual covenants herein contained, the sufficiency of
which is hereby acknowledged, the parties agree to the following:
SECTION 1 -SERVICES OF THE CONTRACTOR.
A. The CONTRACTOR shall provide to the VILLAGE all goods and services necessary to engineer and
repair the VILLAGE'S seawall as described in the CONTRACTOR'S estimate attached hereto as Exhibit
"A" and incorporated herein. This includes obtaining all permits necessary. CONTRACTOR'S provision
of said goods and services shall be to that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its profession practicing in the same or similar locality at the
time the services are provided.
B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and upon written notice from the VILLAGE to proceed.
C. if requested by the VILLAGE and agreed to by the CONTRACTOR, the CONTRACTOR will
perform additional services ("Additional Services") and such Additional Services shall also be governed
by these provisions. VILLAGE and CONTRACTOR will agree to CONTRACTOR'S compensation and
the scope for any Additional Services prior to commencing said Additional Services.
SECTION 2 -PERIOD OF SERVICE.
A. This Contract and the provision of all work, material and equipment hereunder to complete the project
by CONTRACTOR shall be for a period of one hundred and eighty (180) days (excluding weekends and
federal holidays) or for such other period of time agreed to in writing by the parties in accordance with
the terms and conditions of this Contract from the date of a Notice to Proceed from the VILLAGE.
B. Since the goods and services to be provided by CONTRACTOR are not expected to exceed $200,000,
CONTRACTOR is not required to obtain a Public Construction Bond in accordance with § 255.05, Fla.
Stat. However, if during the term of this Contract, CONTRACTOR'S provision of goods and services are
expected to exceed $200,000, CONTRACTOR shall immediately obtain a Public Construction Bond in
accordance with § 255.05, Fla. Stat., and provide a copy to the VILLAGE for its approval. Cost of the
Public Construction Bond shall be a direct pass through cost to the VILLAGE.
C. The CONTRACTOR shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or
public health emergencies; labor disputes; freight embargoes; unreasonable permitting delays and
abnormally severe weather conditions.
D. Upon the CONTRACTOR'S request, the VILLAGE shall consider the facts and extent of any failure
to perform the work and, if the CONTRACTOR'S failure to perform was without it or its subcontractor's
fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be
revised accordingly; subject to the VII,LAGE's rights to change, terminate, or stop any or all of the work
at any time.
E. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the
agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE
for direct, indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude
recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or
active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall
be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
SECTION 3: VIL[.AGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the
VILLAGE's representative shall be Charles Cangianelli, Director of Community Development.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with Exhibit "A" attached
hereto and incorporated by reference herein. Unless agreed to by written modification to this Contract,
the total and cumulative amount of this Contract shall not exceed ONE HUNDRED EIGHTY-NINE
THOUSAND, ONE HUNDRED FIFTY DOLLARS ($189,150) as stated in Exhibit "A".
B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit "B" and include such
information as requested in Exhibit "B". Invoices received from the CONTRACTOR pursuant to this
Contract will be reviewed and approved by the VILLAGE's representative, indicating that goods and
services have been provided and rendered in conformity with the Contract and then will be sent to the
Finance Department for payment. CONTRACTOR will invoice the VILLAGE in advance for each
payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval.
C. Services undertaken or expenses incurred by the exceeding an amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in
question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state
"final invoice" on the CONTRACTOR's final/last billing to the VILLAGE. This certifies that all goods
and services have been properly performed, the final inspection completed and passed and all charges
have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE
will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision
of all goods and services.
F. The VILLAGE shall retain ten percent (10%) of the invoices received from CONTRACTOR for the
provision of goods and services under this Contract as specifically stated in Exhibit "B". Said retainage
will be released by the VILLAGE upon approval of CONTRACTOR's "final invoice" in accordance with
Exhibit "B".
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G. If the VILLAGE fails to make any payment due the CONTRACTOR for services and expenses under
this Contract within forty-five (45) days after the CONTRACTOR's transmittal of its invoice to the
VILLAGE, the CONTRACTOR may, after giving notice to the VILLAGE, suspend services under this
Contract until it has been paid in full all amounts due.
H. If the VILLAGE disputes any invoice or part of an invoice, VILLAGF, shall notify CONTRACTOR
of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off-set,
reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this
Contract.
SECTION 5. Use of Documents.
A. All documents, including but not limited to drawings, specifications, plans, reports, other items and
data or programs stored electronically (collectively referred to as "Documents" hereafter), prepared by the
CONTRACTOR and CONTRACTOR'S sub-contractors under this Contract shall be considered a "Work
for Hire" and the exclusive property of the VILLAGE. To the extent such Documents may not be
deemed a "Work for Hire" under applicable law, CONTRACTOR and CONTRACTOR'S sub-contractors
will assign to VILLAGE all right, title and interest in and to CONTRACTOR'S and/or CONTRACTOR'S
sub-contractors' copyright(s) for such Documents. CONTRACTOR shall execute and deliver to
VILLAGE such instruments of transfer and take such other action that VILLAGE may reasonable
request, including, without limitation, executing and filing, at VILLAGE'S expense, copyright
applications, assignments and other documents required for the protection of VILLAGE'S right to such
Documents. The CONTRACTOR shall retain copies of the Documents for a period of three (3) years
from the date of completion of the Project. The VILLAGE grants to the CONTRACTOR and
CONTRACTOR'S sub-contractors the right and/or limited license to use a portion of the Documents
prepared by the CONTRACTOR or the CONTRACTOR's sub-contractors in future projects of the
CONTRACTOR or the CONTRACTOR's sub-contractors with said right and/or limited license to use a
portion at CONTRACTOR's or CON"TRACTOR'S sub-contractor's own risk and without any liability to
VILLAGE.
B. Any modifications made by the VILLAGE to any of the CONTRACTOR's Documents, or any use,
partial use or reuse of the Documents without written authorization or adaptation by the CONTRACTOR
will be at the VILLAGE'S sole risk and without liability to the CONTRACTOR. Any electronic files not
containing an electronic seal are provided only for the convenience of the VILLAGE, and use of them is
at the VILLAGE'S sole risk.
SECTION 6: [NDEMNIFICATION.
A. The CONTRACTOR shall indemnify and hold harmless the VILLAGE, and its officers and
employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable
attorney's fees (at the trial and appellate levels), to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by
the CONTRACTOR in the performance of a Project.
B. Nothing contained in this Contract shall create a contractual relationship with or a cause of action
in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes.
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SECTION 7: PERSONNEL.
A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the services required hereunder shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises,
will comply with all VILLAGE requirements governing conduct, safety, and security.
SECTION 8: SUB-CONTRACTORS.
A. The VILLAGE reserves the right to reject the selection of a particular sub-contractor and approve
all qualifications of any sub-contractor in order to make a determination as to the capability of the
sub-contractor to perform properly under this Contract. The CONTRACTOR is encouraged to seek
minority and women business enterprises for participation in subcontracting opportunities. Rejection
of a proposed sub-contractor may result in a change in pricing unless such rejection is due solely to
poor performance. In any event, said rejection shall in no way obligate VILLAGE to accept such
change in pricing but VILLAGE may, in its sole discretion, agree to same.
B. If asub-contractor fails to perform or make progress, as required by this Contract, and it is
necessary to replace the sub-contractor to complete the work in a timely fashion, the CONTRACTOR
shall promptly do so, subject to acceptance of the new sub-contractor by the VILLAGE.
C. The VILLAGE will make no attempt to fix the scope of services for any of the CONTRACTOR'S
sub-contractors. The CONTRACTOR shall be solely responsible for fixing the scope of services for
the CONTRACTOR's sub-contractors and the responsibilities of each.
SECTION 9: TERMINATION.
A. This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice
to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days written
notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the
CONTRACTOR shall be paid for services rendered to the VILLAGE's satisfaction through the date
of termination. After receipt of a Termination Notice and except as otherwise directed by the
VILLAGE the CONTRACTOR shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
3. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE.
4. Continue and complete all parts of the work that have not been terminated.
SECTION 10: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida
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State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its
suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the
CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such
materials.
SECTION 11: INSURANCE.
A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing
insurance coverage as required hereunder. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida. The Certificates shall clearly
indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as
required for strict compliance with this section and that no material change or cancellation of the
insurance shall be effective without thirty (30) days' prior written notice to the VILLAGE'S
representative. Failure to comply with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability,
including contractual liability insurance in the amount of $500,000 per occurrence to protect the
CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death,
as well as from claims of properly damages which may arise from any operations under this Contract,
whether such operations be by the CONTRACTOR or by anyone directly employed by or
contracting with the CONTRACTOR.
C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and
property damages liability to protect the CONTRACTOR from claims for damages for bodily and
personal injury, including death, as well as from claims for property damage, which may arise from
the ownership, use, or maintenance of owned and non-owned automobiles, including rented
automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does
not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in
accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by
the Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall
specifically include the VILLAGE as an Additional Insured.
SECTION 12: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each
binds itself and its partners, successors, executors, administrators, and assigns to the other party of
this Contract and to the partners, successors, executors, administrators and assigns of such other
party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the
CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the
written consent of the other. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the
CONTRACTOR.
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SECTION 13: DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES. This Contract shall be
governed by the laws of the State of Florida. Any and all legal action necessary to enforce the
Contract will be held in Palm Beach County. The parties mutually agree that in the event of liti ation
arising out of or related to this Contract both parties voluntarily waive their rights if anv to a jury
trial. No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
SECTION 14: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and
shall be, in the performance of all Services under this Contract, an independent CONTRACTOR, and
not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services
performed pursuant to this Contract shall at all times, and in all places, be subject to the
CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform the services.
SECTION 15: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to
justify all charges, expenses, and costs incurred in estimating and performing the Services for at least
three (3) years after completion of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during
normal business hours, at the CONTRACTOR'S place of business. In no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
SECTION 16: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the
enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Contract, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if
not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
SECTION 17: AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and
warrants that it has and will continue to maintain all licenses and approvals required to conduct its
business and provide the Services under this Contract, and that it will at all times conduct its business
and provide the Services under this Contract in a reputable manner. Proof of such licenses and
approvals shall be submitted to the VILLAGE'S representative upon request.
SECTION 18: SEVERABILITY. If any term or provision of this Contract, or the application
thereof to any person or circumstances shalt, to any extent, be held invalid or unenforceable, to
remainder of this Contract, or the application of such terms or provision, to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
SECTION 19: MODIF[CATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE'S notification of
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a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any
estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change
shall effect the CONTRACTOR'S ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion
of the work affected by the contemplated change, pending the VILLAGE's decision to proceed with
the change.
C. [f the VILLAGE elects to make the change, the VIL,I,AGE shall initiate a Contract Amendment
and the CONTRACTOR shall not commence work on any such change until such written amendment
is signed by the CONTRACTOR and approved and executed by the VILLAGE.
SECTION 20: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE
immediately if it becomes aware of any violation of this statute.
SECTION 21: PROTECTION OF WORK AND PROPERTY.
A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage,
and shall protect the VILLAGE'S property from injury or loss arising in connection with the Contract.
Except for any such damage, injury, or loss, except that which may be directly due to errors caused by
the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary
materials to maintain such protection.
B. Until acceptance of the work by the VILLAGE, the VILLAGE'S property shall be under the
charge and care of the CONTRACTOR and the CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any other cause
whatsoever, and the CONTRACTOR shall repair, restore and make good, without additional work
occasioned by any of the above causes before its completion and acceptance.
C. The CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is being
accomplished during and throughout the completion of all work.
D. If any portion of the work is completed, passes all inspections and is able to be fully utilized by
the VILLAGE, said portion of the work will be exempted from CONTRACTOR'S obligation to
protect and be responsible for under this Section.
SECTION 22: NOTICE. All notices required in this Contract shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
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VILLAGE OF NORTH PALM BEACH
Attn: Charles Cangianelli, Building Official
501 U.S. Highway 1
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
PALM BEACH MARINE CONSTRUCTION, INC.
Attn: Javier Queveod
1410 Forsythe Road
West Palm Beach, FL 33405
(561)588-7690
The foregoing names and addresses may be changed if such change is provided in writing to the other
party.
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the
CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that
there are no promises or understandings other than those stated herein. None of the provisions, terms
and conditions contained in this Contract may be added to, modified, superseded or otherwise altered,
except by written instrument executed by the parties hereto.
SECTION 24: TIME AND LIQUIDATED DAMAGES.
A. Time is of the essence in all respects under this Contract.
B. The VILLAGE and CONTRACTOR also recognize the delays, expense and difficulties
involved in proving in a legal or other proceeding, the actual loss suffered by the VILLAGE if
the work is not completed on time. Accordingly, instead of requiring any such proof,
VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay VILLAGE two hundred and fifty Dollars ($250.00) for each
calendar day that expires after the time specified above for final completion of the work and
readiness for final payment.
C. Liquidated damages due to the VILLAGE may be withheld, reduced or set-off from payments due
to the CONTRACTOR, or may be collected from the CONTRACTOR or its surety or sureties. These
provisions for liquidated damages shall not prevent the VILLAGE from terminating the
CONTRACTOR'S right to proceed as provided herein or from seeking and enforcing any other
remedy under this Contract or available at law.
SECTION 25: TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine,
feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate
as the context may require. Wherever the context may require, the singular shall mean and include
the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as
well as the terms "herein", "hereof', "hereunder", "hereinafter" and the like mean this Contract in its
entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The
captions and paragraph headings are for reference and convenience only and do not enter into or
become a part of the context of this Contract, nor shall such headings affect the meaning or
interpretation of this Contract.
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SECTION 26: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this
Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any
time thereafter.
SECTION 27: PREPARATION. This Contract shall not be construed more strongly against either
party regardless of who was more responsible for its preparation.
SECTION 28: MATERIALITY. All provisions of the Contract shall be deemed material. In the
event CONTRACTOR fails to comply with any of the provisions contained in this Contract or
exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of
this Contract and VILLAGE may at its option and without notice terminate this Contract.
SECTION 29: EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract
documents referred to in this Contract forms an essential part of this Contract. The exhibits and other
contract documents, if not physically attached, should be treated as part of this Contract and are
incorporated herein by reference.
SECTION 30: CONTRACT DOCUMENTS AND CONTROLLING PROVISIONS. This Contract
consists of the terms and conditions as stated herein and CONTRACTOR'S estimate (Exhibit "A")
and any VILLAGE approved CONTRACTOR invoices submitted on Exhibit "B". The
CONTRACTOR agrees to be bound by all the terms and conditions set forth in the aforementioned
documents. To the extent that there exists a conflict between this Contract and the remaining contract
documents, the terms, conditions, covenants, and/or provisions of this Contract shall prevail.
Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid
conflicts between provisions of the various documents.
SECTION 31: LEGAL EFFECT. This Contract shall not become binding and effective until
approved by the VILLAGE COUNCIL.
SECTION 32: SURVIVABILITY. Any provision of this Contract which is of a continuing nature
or imposes an obligation which extends beyond the term of this Contract shall survive its expiration
or earlier termination.
SECTION 33: WARRANTY. CONTRACTOR warrants that all goods and services provided under
this Contract will be free of defects in material and workmanship for a period of One (1) year
following completion of those goods and services and successful final inspection. Should any goods
or services fail to comply with this warranty during the warranty period of One (1) year, upon written
notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective
materials and/or workmanship at CONTRACTOR's sole expense.
SECTION 34: DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the
occurrence of any of the following shall be deemed a material event of default and shall be grounds
for termination:
1. The filing of a lien by any sub-CONTRACTOR, sub-contractor or third tier sub-
contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right
of way, easement or other interest in land or right to use within the territorial boundaries of the
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VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days
from the date of notice to the CONTRACTOR;
2. The filing of any judgment lien against the assets of CONTRACTOR related to
the performance of this Contract which is not satisfied, discharged or contested in a court of law
within thirty (30) days from the date of notice to the CONTRACTOR;
3. The filing of a petition by or against CONTRACTOR for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of
CONTRACTOR or CONTRACTOR'S property; or an assignment by CONTRACTOR for the benefit
of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer
or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a
temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for
CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be
discharged within thirty (30) days from the date of appointment; or,
4. Due to circumstances within the control of the CONTRACTOR,
CONTRACTOR fails to provide goods and services under this Contract on schedule as agreed to by
CONTRACTOR in this Contract.
B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of
default within five (5} days of CONTRACTOR'S receipt of notice or knowledge of any such default.
SECTION 35: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights
to Subrogation against the VILLAGE, its officers, employees and agents for each required policy.
When required by the insurer, or should a policy condition not permit an insured to enter into apre-
loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to
notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any
policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage
should CONTRACTOR enter into such an agreement on a pre-loss basis.
SECTION 36: Javier Queveod has full power, authority and legal right to execute and deliver this
Contract and perform all of its obligations under this Contract. By signing this Contract, Javier
Queveod hereby represents to the VILLAGE that he/she has the authority and full legal power to
execute this Contract and any and all documents necessary to effectuate and implement the terms of
this Contract on behalf of the party for whom he or she is signing and to bind and obligate such party
with respect to all provisions contained in this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have
made and executed this Contract for Emergency Seawall Repair as of the day and year first
above written.
PALM~EAQH MAR~~ CONSTRUCTION, INC.
B
Print Name:
10
Position: ~/ G.c. ~~1 ,,,,,
VILLAGE OF NORTH PALM BEACH
BY: 7 z~~//~~ ,
ETbWARD M. EISSE
MAYOR
ATTEST:
~t PU.T~I VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
LEN G. RUBIN,
VILLAGE ATTORNEY
11
EXHIBIT "A"
CONTRACTOR'S ESTIMATE
FOR ENGINEERING AND REPAIR
12
PPM BEACH MARINA
_ _ t7• C• -..~.
CONSTRUCTION INC
[3i11 To:
Village of N. Palm Beach
501 U.S Highway 1
~lorth Palm Beach, FL 33408-4906
Estimate Numbef
E663
Estimate Date'
Jun 15. 2007
Page:
1
Ship To:
Village of N. Palm Bcach
501 U.S H ighway 1
North Palm Beach, Fi. 33408-4906
Cllti'IUMEIZ PITON[;: FAQ : AL"I'ERNATEN[JMBER:
561-841-3369 561-841- 8242 c. 253-5054
D~~cript ion Amount
WE PRUPOSF. TO FURN[51i AND INSTALL AS FOLLOWS:
CER'llFllil) S'1'ILUCI'URAI. IiNGINIiIiRING I~OR GMERGGNCY SIiAWAI.I. IiEI'Allt 1'ROJI:C"1' ANT) 5,W0.O0
00'fA1N PIiRMI"1'S FI20M AI'1'LICARI,Ii LOCAL HU[LDING Dlil'AR"1'MIiN'1' ANT) S`I'A'1'1; AGE:NCI1sS
''DUES NOT INCLUDE I'I:RMTf FF.1~.5••
Signaturo (OwnerlAgont) Date
'fU"1'A 1. 5, 000.00
Signaturo (PBMC) Date
PALM BEACH MARINA
~' ~'
CONSTRUCTION INC
WHERE WATERFRONT P R O P E R T I E S COME T O L I F E
Bill To: Ship To:
Village of N. Palm Beach Village of N. Palm Beach
501 U.S Highway 1 501 U.S Highway 1
North Palm Beach, FL 33408-4906 North Palm Beach, FL 33408-4906
CUSTOMER PHONE: j FAX
561-841-3369 561-841-8242
Description
WE PROPOSE TO FURNISH AND INSTALL AS DESCRIBED BELOW:
PERMITTING TO BE BILLED SEPARATELY.
Estimate Number:
E660
Estimate Date:
Jun 7, 2007
Page:
1
ALTERNATE NUMBER:
c. 253-5054
ENGINEERING-TO BE PROVIDED BY OTHERS.
INSTALL A T +/_ X 270' +~ STEEL SHEET PILE WALL WITH STEEL CAP AND STEEL SHEET PILE
DEADMAN AS PER DRAWINGS AND SPECIFICATIONS.
REMOVE AND DISCARD EXISTING 165' +/- CONCRETE SEAWALL AS PER DRAWINGS AND
SPECIFICATIONS.
TEMPORARILY REMOVE (2) EXISTING ALUMINUM GANG WAYS AND REINSTALL ON NEW
SEAWALL.
'TEMPORARILY SHORE UP (7) FINGER PIERS AND REATTACH TO NEW SEAWALL.
REINSTALL (2) NEW FINGER PIERS IN THE EXISTING FOOTPRINT USING 10"TIMBER PILES, 2 X 8
TIMBER FRAMING, 2 X 6 TIMBER DECKING AS PER DRAWINGS AND SPECIFICATIONS.
SCOPE OF WORK:
WALL WILL CONSIST OF 15' XPS42 STEEL SHEET PILE WITH XPC COATING ON TOP 8' BOTH SIDES.
WALL WILL HAVE A STEEL CAP FASTENED BY 3/8" X 21/2" S.S. BOLTS WITH
NUTS AND WASHERS. WALL WILL BE TIED BACK WITH 1" X 15' HOT DIPPED GALVANIZED TIE
ROD AND 6' STEEL SHEET PILE DEADMAN. WALL WILL BE INSTALLED TO MATCH EXISTING
SEAWALL ELEVATION AND WILL BE BACKFILLED WITH PEAROCK.
**PLEASE NOTE ESTIMATE DOES NOT INCLUDE ANY ELECTRICAL OR PLUMBING.
,PAYMENT SCHEDULE:
i 25°/n DEPOSIT.
25"'/<I DUE UPON REMOVAL OF FAILED SEAWALL.
BALANCE DUE UPON COMPLETION.
E~TIl~~:ATE
TOTAL
Amount
184,150.00
184,150.00
Signature (Owner/Agent) Date
1
PBMC)
'
, ~, D
( Date `~'
Si nature W W w P B M C i N C C O M
1 4 1 0 F O R S V T H E R O A D W EST L M B E A C H F L 3 3 4 0 5 P H O N E 1 5 6 1 1 5 8 H- 7 6 9 0 • FAX 1 5 6 ~ 1 6 9 7- 3 2 3 8
Agreement
This contract, dated 06/08/ 7, is between Palm Beach Marine Construction, Inc. ("PBMC") and Villagg of NoRh Palm Beach
("Owner"). It concerns improvements to Owners property, located at VillaEe of North Palm Beach.
In consideration of the mutual covenants contained in this agreement, PBMC and Owner (the "parties") agree as follows:
1. Expiration of Estimate. The estimated price quotation ("quoted price") expires in thirty days from the date of the quote.
At any time after the expiration date, PBMC may, at its sole option, agree to perform the work specified at the quoted
price.
2. Effective Date. Once the Owner and PBMC sign this estimate it becomes a contract binding on both parties. The
effective date is the date upon which the last party signs.
3. Seope of Work. PBMC will perform only the work specified in this contract. The specifications listed in this contract
represent the parties' final understanding of the work PBMC is to perform. This contract represents the entire and
integrated agreement between the parties and supersedes any prior negotiations. representations, or agreements, either
written or oral.
4. Quoted Price Fluctuations. The estimated price is subject to fluctuations due to (a) the actual quantity of material used,
(b) rock or other hard material, or (c) increases of over 2% in the cost of materials required to perform the specified work.
a. Owner understands and agrees that the quoted price represents an estimate of the quantity of material required
to perform the specified work. Owner further understands and agrees that at the completion of the project the
final amount due to PBMC will be adjusted to reflect the actual quantity of material used.
b. If, during performance of specified work, PBMC finds it necessary to punch or remove rock, hardpan, or other
impervious material, Owner understands and agrees that PBMC will charge Owner 5450.00 per hour to punch
or remove the rock, hardpan, or other impervious material. Owner agrees to pay PBMC 5450.170 per hour for
the punching or removal. Owner understands and agrees that this charge is over and above the quoted price.
c. Owner understands and agrees that the quoted price is subject to any increase in the price of materials in excess
of 2% of the price of the materials on the date upon which PBMC provided the quoted price. Owner
understands and agrees that at the completion of the project the final amount due to PBMC will be adjusted to
reflect any price increase of over 5% in the materials used to perform the specified work.
5. Change Order. Owner agrees to compensate PBMC for any change order PBMC submits for work, not specified in this
contract, that PBMC does at Owners verbal or written request. Owner understands and agrees that the quoted price does
not include any work, other than specified in the contract, that Owner desires done.
6. Termination Date. Owners understands and agrees that if by one year after the effective date PBMC is unable, due to
causes outside of its control, to commence the work specified, the contract-except for this provision--terminates.
Owner will be entitled to a refund of monies paid to PBMC minus PBMC's incurred expenses for any work done to
benefit the Owner or the Owners property.
7. Suitable Work Site. Owner agrees to provide PBMC a suitable work site. Owner also agrees to facilitate performance
of the specified work by, among other things, providing water, electricity, and suitable access. Owner understands that
Owner's responsibility to provide a suitable work site and to facilitate PMBC's performance of specified work is not
limited to solely providing the items listed.
g. Required Permits. Unless otherwise provided in this agreement. Owner agrees Owner will be responsible for acquiring
all required permits for PBMC to perform the specified work (or any work done under a change order). Examples of
required permits include (but are not limited to) any permits required by federal, state, or local agencies, governmental
entities, governing bodies, and those required by private associations, assemblies, or communities. Owner agrees to
indemnify PBMC for any penalties or fines PBMC incurs in performing the specified work due to not having a required
permit.
9. Owner-caused Delays. Owner understands and agrees that PBMC is not responsible or accountable for work that other
contractors (including subcontractors) have performed or are performing on the work site. To the extent PBMC is unable
-o perform the work specified in the contract due to delays attributable to another project on the work site, Owner
understands and agrees that Owner is responsible for such delays. Owner agrees to compensate PBMC for reasonable
and direct costs associated with such delays. Owner also agrees to compensate PDMC for reasonable and direct costs
associated with any other delay Cor which the Owner is responsible.
1 ~. Force Majeure. PBMC will undertake to complete the work specified in the contract in a timely fashion. PBMC will
not be liable for any direct or indirect damages to the improvements or Owner's property. or Cor any dlreet or IndirCCt
delays in performing the work specified, that result from force mujeure, including, without limitation, hurricanes,
tomadces, floods, fire, or other catastrophic events.
1 1. Pest Due. Owner agrees that all invoices are due upon receipt. PBMC will allow a ten (10) day grace period from date
invoice is mailed to Owner. Invoices past due will be assessed interest at the maximum rate allowed by law.
12. Disputes. In the event of a dispute as to the interpretation or application or an alleged breach oC this contract, the parties
agree that such dispute SHALL BE HEARD BY A JUDGE, NOT A JURY, in Palm Beach County, Florida. The
parties further agree the laws oC the State of Florida shall govern this contract. The prevailing party shall be entitled to
reasonable attorney's fees, including all reasonable anorney's fees and costs related to any appeals.
13. Severrbility. "I~he parties agree that if a court of competent jurisdiction finds any provisions of this contract-or any part
of any provision of this contract-invalid, such finding shall not affect the validity of any other provision or part of this
contract.
14. Construction Lien Notice.
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (§§
713.001 to 713.37, Fla. Stet.), THOSE WHO WORK ON YOUR
PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID
IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR
PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS
KNOWN AS A CONSTRUCTION LIEN. IF YOUR
CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY
SUBCONTRACTORS, SUB-SUBCONTRACTORS OR
MATERIALS SUPPLIERS OR NEGLECTS TO MAKE OTHER
LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE
OWED MONEY MAY LOOK TO YOUR PROPERTY FOR
PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR
IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR
CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR
PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY
FOR LABOR, MATERIALS, OR OTHER SERVICES THAT
YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE
FAILED TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS
COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A
SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
15. Chapter 558 Notice of Claim.
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT
REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY
BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU
BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE
OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE,
REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION
CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE
SUCH PERSON THE OPPORTUNITY TO INSPECT THE
ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER
MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED
CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO
ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE
STRICT DEADLINES AND PROCEDURES UNDER THIS
FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO
PROTECT YOUR INTERESTS.
Palm Beach Marine Construction, Inc.
y:
~ / r/~'
Name: 3~'t~ 1'U.~,t~~YG
Title: (~ ~JlG
Owner
~G~
Name: ~ `=Jlt."/~RJ7 I'Y~ : ~~~.5~~
~~a~
EXHIBIT "B"
INVOICE FORM AND REQUIREMENTS
(FORM ATTACHED)
13
APPLICATION FOR PAYMENT NO.
To: VILLAGE OF NORTH PALM BEACH (OWNER)
From: PALM BEACH MARINE CONSTRUCTION, INC. (CONTRACTOR)
Contract: Emergency Seawall Repair
For Work accomplished through the date of: , 2007.
1. Original Contract Price: $
2. Net change by Change Orders and Written Amendments (+ or -): $
3. Current Contract Price (1 plus 2): $
4. Total completed and stored to date: $
5. Retainage (per Agreement):
Ten (10%) of completed Work, material and equipment purchased:
6. Total completed and stored to date less retainage (4 minus 5): $
7. Less previous Application for Payments: $
8. DUE THIS APPLICATION (6 MINUS 7): $
Accompanying Documentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER
on account of Work done and goods purchased under the Contract referred to above have been applied on
account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work, materials
and equipment covered by prior Applications for Payment numbered 1 through inclusive; (2) title of
all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security
interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for
Payment are in accordance with the Contract Documents and not defective.
Dated
State of
County of
Subscribed and sworn to before me this
day of , 2007
Notary Public
My Commission expires:
By:
Contractor
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated
By:
VILLAGE OF NORTH PALM BEACH
14
Exhibit "C"
Statement of Work
Anchorage Park
Emergency Seawall Repair
• Palm Beach Marine Construction Inc. shall furnish the labor and materials to
complete the following;
o Furnish all engineering associated to the emergency seawall replacement
project
o Obtain required permits for the replacement of a seawall.
o Remove and discard the existing collapsed one hundred sixty five foot
(165' +/-) concrete seawall.
o Install an exposed seven foot by two hundred seventy tinier foot (7'+/- X
270 ` +/-) Sheet Steel Pile replacement Seawall with steel cap, "deadmen"
anchoring and "pea-rock" backfill.
• The cost in Exhibit "B" is inclusive of all engineering, permitting, demolition,
materials and installation of a replacement seawall at the Village of North Palm
Beach, Anchorage Park -Marina.
• The new seawall consists of fifteen foot (15') "XPS42" Steel Sheet Pile panels
with "XPC" coating on the top eight foot (8') on both sides. The seawall will have
a steel cap fastened with 3/8" X 2-1/2" stainless steel bolts, washers and nuts. The
seawall will be tied back with 1" X 15' (Hot dipped) galvanized tie rods and six
foot (6') sheet pile "deadmen" anchors, spaced as required in the engineering
drawings. Upon the completion of setting the steel and anchors the seawall will be
backfilled with "pea-rock". The completed replacement will match the elevation
of the former seawall. After the seawall and cap are set and backfilled the
contractor will re-fit the previously removed aluminum gangways (2), reattach the
remaining finger piers (7) and install two (2) new finger piers that were not
salvageable.
• The North Palm Beach Project Manager for this seawall replacement will be
Community Development Department Director, Charles Cangianelli.
THE VILLAGE OF
NORTH PALM BEACH
"THE BEST PLACE TO LIVE UNDER THE 5UN"
August 14, 2007
Mr. Javier Queveod
Palm Beach Marine Construction, Inc.
1410 Forsythe Road
West Palm Beach, FL 33405
Re: Anchorage Park Seawall Repairs
(Resolution 2007-69)
Dear Mr. Queveod,
In accordance with Section 22 of the contract between the Village of North Palm
Beach and Palm Beach Marine Construction, Inc. you are hereby notified that all future
correspondence with the VILLAGE shall be mailed to:
VILLAGE OF NORTH PALM BEACH
Attn: Robert Phoenix, Acting Building Official
501 U.S. Highway 1
North Palm Beach, FL 33408
If you have any questions, please call my office at (561) 841-3380.
Y>
~itt~i y Knight
Village Manager
Attachment (s)
501 U.S. HIGHWAY 1, NORTH PALM BEACH, FL 33408-4902 (56]) 841-3380 FAX (561) 848-3344
RUG-28-2007 09:28R FROM:PBMCINC 5616973238 70:8483344 P.1
YfeV1eW W 1I100W - C10S2 WI16D IUllSRCO Y8gC 1 U1 G
ACORD 7tq CERTIFICATE OF LIABILITY INSURANCE Det®
08/26/07
Producer P: 1-561-683-8383
Slaton Insurance
$713 COrpOrdte Way Si'E 200
West Palm Beach, FL 33407
Agent:
THIS CERTFICATE IS ISSUED AS A MATTER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTFICATE HOLDER. THIS CERTIFICATE OOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
FORDED BY THE POLICIES BELOW.
Insured INSURERS AFFORDING COVERAGE
Palm Beath Marine Construction Inc. Insurer A: Travelers Insurance
1410 Forsythe Road Insurer B: Commerce B Industry Ins. Co.
FL 33405
West Palm Beach insurer C:
, insurer D:
Insurer E:
COVERAGES
E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPEC
O WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BV PAID
CLAIMS.
rq
tr Type of arouranee Policy Number Polity
ERxtNe
MMA)DIW Polley
ERplrstlon
MMfOD LImBe
A ENERAL LIABILITY L06900392 04/17/07 04/17/08 Each Occurrence ~ 1 000 00
IXI Commercial General Liability
I I Claims Made IXI Occur re Damage
An one Flre
50 000
I I
IXI Proted'Jon & Indemnity ed Exp
An one erson
5 000
en'I Aggregate Limit Applies Per: erSOnal & AdV In U 1 000 000
I I Policy I I Project I I Loc eneral A r ate 2 000 00
Products-Com O A 2 000 000
UTOMOBILE LIABILITY
I I Any Auto ombined Single Limit
Ea acddent
I I Ali Owned Autos
IlScheduled Autos odily Injury
Per erson
I I Hired Autos
I I Non-Owned Autos Olly Injury
Per accident
I I roperty Damage
Per accident
ARAGE LIABILITY
I I AAY AUtD uto Onty-
Aeddent
II Other Than Ea Acc
Auto Onl A
CESS LIABILITY ach Occurrence
I I Occur I I Claims Made re ate
I I DeduRlble
IlRetentlon $
B ORKERS OOMPENSATION
D
MPLOYERS'LIABILITY C2950390 06/17/07 06/17/03 WC
I I Statutory omits
X Other
E.L. Each Accident 500 000
E.L, Disease-Ea
m ID ee
500 000
.L. Disease-Poll Umit 500 000
https://certificatesnow.confuTnnet.com/Cortunon/deliveryPreview.jhtml;jsessionid=ZU4X5... 8/28/2007
RUG-28-2007 09:28R FROM:PBMCINC 5616973236 70:6483344 P.2
rICV1CW W 1I14UW - G1USG WgGll LILSUGLL rugc c oa c
Leased Equipment $ 100,000
L I OTNER 1 1 1 ( 1
$
A Equipment Floater IM01600239 04/17/07 04/17/08
DESCRIPTION OF OPERATIONS/LOGTIONS/VEHICLES/EXCLUSIONS ADDED BY
ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder Addltlonallnsured; insurer Letter:
Reference GNCELLATION
Sloan's Curve North, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
I11C. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
993 Fifth Ave, Suite NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
15 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IONb UPON THE INSURER, 175 AGENTS OR
New Vork, NV lOUSA REPRESENTATIVES.
Authorized Rapresentatlva
Helen Martinson
ACORD 258 (7/97) ®ACORO CORPORATION 1988
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