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Agenda 02-06-24The City of Boynton Beach City Commission Agenda Tuesday, February 6, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call. Invocation by Pastor Bob Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Mayor Ty Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. 3. Announcements, Community and Special Events And Presentations A. State of Education Report by District 7 School Board Member Edwin Ferguson. District 7 School Board Member Edwin Ferguson will give a report on the State of Education. B. Announcement of the Joe DiMaggio Children's Health Specialty Center "Magic Wheels" & Special Deals Event. Joe DiMaggio Children's Health Specialty Center presents "Magic Wheels" & Special Deals, being held on Friday, February 9, from 5:00 P.M. to 8:00 P.M. at the Boynton Beach Arts & Cultural Center located at 125 E. Ocean Avenue. This is a free event for the entire family that includes a disability services resource fair, music, live 3 performances, and the "Magic Wheels" unveiling. This year's Magic Wheels recipient is Leandro, who is 8 years old and lives in West Palm Beach with his parents Anthony and Laura. C. Announcement of the 12th Annual Barrier Free 5K. Announcement of the 12th Annual Barrier Free 5K being hosted by the Greater Boynton Beach Foundation along with the Recreation & Parks Department on Saturday, February 10, starting at 7:30 A.M., at Congress Avenue Barrier Free Park located at 3111 S. Congress Avenue. For more information, and 5K registration visit barrierfree5k.pbrace.com/ D. Announcement of Oceanfront Bark Event. Oceanfront Bark, Boynton Beach's Dog "Paw-ty" on the Beach will be hosted by the Recreation & Parks Department on Saturday, February 17, 2024, from 9:00 A.M. to 12:00 P.M., at Oceanfront Park located at 6415 N. Ocean Blvd. This month's theme is Puppy Love, in honor of Valentine's Day. This is the final Oceanfront Bark event of the season due to the start of Turtle Nesting season in March. The event is free for all well-behaved, licensed dogs and their owners and includes food trucks, vendors, and pet -friendly giveaways. Dogs will be allowed off -leash in a designated fenced area. Parking at Oceanfront Park is free for the duration of the event for all beach patrons. For more information, visit the City's website, Boynton-Beach.org. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 5. Administrative A. Advisory Board Appointments. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Community Support Funds. Approve Community Support Funds Request from Vice Mayor Turkin. 6. Consent Agenda A. Proposed Resolution No. R24-020- Amend the FY 2023-24 budget to adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), the Fleet Fund (501), and various funds for previous years' Purchase Orders. Approve Proposed Resolution No. R24-020. B. Proposed Resolution No. R24-021- Approve and authorize the Mayor to sign the First Amendment to the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, for the improvements to the Historic Woman's Club of Boynton Beach. 4 Approve Proposed Resolution No. R24-021. C. Proposed Resolution No. R24-022- Approve the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWA18D009G, in lieu of using the previously approved funding for the fire boat from ARPA funds. Proposed Resolution No. R24-023- Approve request of the Fire Department for remaining ARPA funds to be utilized towards the purchase of one of the two fire rescue trucks that are slated to be purchased in the current fiscal year. Approve Proposed Resolution No. R24-022 and Resolution No. R24-023. D. Proposed Resolution No. R24-024- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three -Party Escrow Agreement, and any required assurances, for the adjustment of Utilities' sanitary sewer manholes and valve boxes along SR 804/Boynton Beach Boulevard from North Congress Avenue to NW 8th Street with an initial estimate of $11,088. Approve Proposed Resolution No. R24-024. E. Proposed Resolution No. R24-025- Approve and authorize the City Manager to sign a Hold Harmless Agreement between the City of Boynton Beach (the "Indemnitee") and Verizon VZB (the "Indemnifier") to install fiber optic cable, conduit, and handholes within Boynton Beach Utilities' 20 -foot easement along North Congress Avenue. Approve Proposed Resolution No. R24-025. F. Proposed Resolution No. R24-026- Approve and authorize the City Manager to sign an easement document between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and the City of Boynton Beach (the "Grantee") for existing on-site utilities at WXEL, located at 3401 South Congress Avenue. Approve Proposed Resolution No. R24-026. G. Commission Meeting Minutes. Approve minutes from the January 16, 2024 Commission Meeting. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-027- Approve the piggyback utilizing the Martin County Contract No. RFB2023-3527 and a Purchase Order for Sodium Hydroxide (Caustic) for Chemicals for Water & Wastewater Treatment at the Water Treatment Plant. Approve Proposed Resolution No. R24-027. B. Proposed Resolution No. R24-028- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 6, 2024 - "Request for Extensions and/or Piggy -backs." Approve Proposed Resolution No. R24-028. C. Proposed Resolution No. R24-029- Award Bid No. UTL24-002 for Re -Bid No. UTL24-002 Lime Sludge Removal, Hauling, and Disposal services and authorize the City Manager to sign a Contract and issue a purchase order to the lowest responsive 5 and responsive bidder, Devland Site Paving and Utilities, Inc., for the amount of $199,800. Approve Proposed Resolution No. R24-029. D. Proposed Resolution No. R24-030- Authorize the City Manager to sign a two (2) year agreement with Iron Container, LLC, of Miami, FL, as the result of Bid No. PWSW24- 010 for Metal Containers and Roll -Offs, with a not exceeding $150,000 per year. Approve Proposed Resolution No. R24-030. E. Proposed Resolution No. R24-031- Approve utilizing the City of Plantation, Florida, Bid No. 072-22, and Authorize the City Manager to sign an agreement with Pavement Technology, Inc. of Westlake, Ohio, for Asphalt Rejuvenation Services with an estimated annual cost of $150,000. Approve Proposed Resolution No. R24-031. 8. Public Hearina 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 24-001- Second Reading- An ordinance of the City of Boynton Beach, Florida, amending Ordinance 02-013 to rezone a parcel of land described herein and commonly referred to as the Pulte Cottage District from single and two-family residential (r-2) to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. Approve Proposed Ordinance No. 24-001 on Second Reading. B. Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2-1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Approve Variance (ZCVL-2023.06.4139). C. Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Approve the New Master Plan and New Site Plan (NMP, NWSP-2023.06.4139). D. Approve request for a New Major Site Plan (NWSP-2023.07.23617) application for 3800 S. Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72 - acre site located at 3800 S. Congress Avenue, in the M-1 (Light Industrial) zoning district. Approve the New Major Site Plan (NWSP-2023.07.23617). 6 9. City Manager's Report A. Presentation by the Community Standards Department. No action needed. 10. Unfinished Business 11. New Business 12. Legal A. Proposed Ordinance No. 24-002- First Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. (Tabled from January 16, 2024). Approve Proposed Ordinance No. 24-002 on First Reading. B. Proposed Ordinance No. 24-003- First Reading -An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability, codification; and an effective date. Approve Proposed Ordinance No. 24-003. C. Proposed Ordinance No. 24-004- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict, severability, codification and an effective date. Approve Proposed Ordinance No. 24-004. D. Proposed Ordinance No. 24-005- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification and an effective date. Approve Proposed Ordinance No. 24-005 13. Future Agenda Items A. Repeal Ordinances 37, 47, and 136, relating to segregation. - February 20, 2024 N/A B. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - February 20, 2023 Requested by Commissioner Cruz. C. Provide update on grant funded projects in the Capital Improvement Plan - March 5, 2024 Requested by Commissioner Cruz. D. Discussion regarding regulations to support local businesses.- March 5, 2024 7 Discussion requested by Commissioner Cruz. E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion requested by Commissioner Hay. F. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD Requested by Vice Mayor Turkin. G. Discussion regarding combining City properties together to create senior affordable housing . - TBD Requested by Mayor Penserga. H. Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD Requested by Commission Hay. I. Discussion regarding regarding a waiver process and criteria for workforce housing projects. - TBD Requested by Vice Mayor Turkin. 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 0 Announcements, Community and Special Events And Presentations 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 State of Education Report by District 7 School Board Member Edwin Ferguson. Requested Action: District 7 School Board Member Edwin Ferguson will give a report on the State of Education. Fiscal Impact: There is no fiscal impact to the budget for this item. 0 Announcements, Community and Special Events And Presentations 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Announcement of the Joe DiMaggio Children's Health Specialty Center "Magic Wheels" & Special Deals Event. Requested Action: Joe DiMaggio Children's Health Specialty Center presents "Magic Wheels" & Special Deals, being held on Friday, February 9, from 5:00 P.M. to 8:00 P.M. at the Boynton Beach Arts & Cultural Center located at 125 E. Ocean Avenue. This is a free event for the entire family that includes a disability services resource fair, music, live performances, and the "Magic Wheels" unveiling. This year's Magic Wheels recipient is Leandro, who is 8 years old and lives in West Palm Beach with his parents Anthony and Laura. Explanation of Request: Announcement of the Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals Event being held on Friday, February 9, from 5:00 PM to 8:00 PM at the Boynton Beach Arts & Cultural Center located 125 E. Ocean Avenue. How will this affect city programs or services? Support Services provided by the Cultural Arts Department, Boynton Beach Police Department and Boynton Beach Fire Department. Fiscal Impact: This is a budgeted event. 10 3.0 Announcements, Community and Special Events And Presentations 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Announcement of the 12th Annual Barrier Free 5K. Requested Action: Announcement of the 12th Annual Barrier Free 5K being hosted by the Greater Boynton Beach Foundation along with the Recreation & Parks Department on Saturday, February 10, starting at 7:30 A.M., at Congress Avenue Barrier Free Park located at 3111 S. Congress Avenue. For more information, and 5K registration visit barrierfree5k.pbrace.com/ Explanation of Request: Announcement of the 12th Annual Barrier Free 5k being held at Congress Avenue Barrier Free Park located at 3111 S. Congress Avenue on February 10, 2024. The race starts at 7:30 A.M. How will this affect city programs or services? Support Services provided by Public Works, Boynton Beach Police Department, and Boynton Fire Department. Fiscal Impact: This is a budgeted event. 11 3.D Announcements, Community and Special Events And Presentations 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Announcement of Oceanfront Bark Event. Requested Action: Oceanfront Bark, Boynton Beach's Dog "Paw-ty" on the Beach will be hosted by the Recreation & Parks Department on Saturday, February 17, 2024, from 9:00 A.M. to 12:00 P.M., at Oceanfront Park located at 6415 N. Ocean Blvd. This month's theme is Puppy Love, in honor of Valentine's Day. This is the final Oceanfront Bark event of the season due to the start of Turtle Nesting season in March. The event is free for all well-behaved, licensed dogs and their owners and includes food trucks, vendors, and pet -friendly giveaways. Dogs will be allowed off -leash in a designated fenced area. Parking at Oceanfront Park is free for the duration of the event for all beach patrons. For more information, visit the City's website, Boynton-Beach.org. Explanation of Request: Announcement of Oceanfront Bark being held at Oceanfront Park on February 17, 2024. How will this affect city programs or services? Support Services will be provided by Public Works and parking will be free at Oceanfront Park during the event. Fiscal Impact: Parking fees will be waived for the duration of the event. Attachments: Oceanfront Bark Kiosk Banner.png 12 13 5.A Administrative 02/6/2024 Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments_ Reappointments_and _Applicants for February 6, 2024.docx Devlin, Thomas Recreation and Parks Advisory Board.pdf McCallum, Matthew Recreation and Parks Advisory Board.pdf 14 Advisory Board Vacancies February 6, 2024 Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Member Employee Representative (Non -Bargaining) Alternate Member 2 (1 year) terms Member Employee Representative Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Mayor Penserga Regular Vice Mayor Turkin Alternate I Cruz Alternate Applicants: None Employees Pension Plan Board of Trustees Vice Mayor Turkin Member Employee Representative (Non -Bargaining) I Cruz Member Employee Representative Applicants: None Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms IV Kelley Regular I Cruz Student Applicants: None Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Alternate II Hay Alternate Applicants: None Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms II Hay Regular IV Kelley Alternate Applicant: Thomas Devlin Matthew McMallum Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin Regular I Cruz Regular Applicants: None 15 From: docdevlin To: Cily Clerk Subject: Advisory Board Appointment application Date: Saturday, December 16, 2023 6:11:14 PM This Message Is From an External Sender This message came from outside your organization. Today's date Name Phone number Address Email Current occupation or, if retired, prior occupation Education 12/16/2023 Thomas Devlin 561-436-0319 2840 SE 1 st Ct Boynton Beach FL 33435 United States docdevlin@Gmail.com Retired, wireless business technology, 33 yrs IBM Masters Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on Yes a City board? Have you served on a City Yes board in the past? If "yes", which board(s) and CRA, Library, Senior when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? No Recreation & Parks Board Yes 16 Personal Qualifications Boynton resident since 1978, casual park user. Support all ages, "Parks for life". Being use our parks as pre- teen, teen, young adult, and senior. In Particular interest in drawing more seniors to local parks. Even if a Pizza or other "take-out" picnic Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 75.30.229.23 (United States) at 2023-12-16 18:11:05 on Whone 16.5 Entry ID: 665 Referrer: https://www.boynton-beach.org_/ Form Host: htips:Hform.123formbuilder.com/583214/advisory-board-alpointment-application 17 Stanzione, Tammy From: mryiccallO <t')oreply@123formbL)ildei'.com> Sent: Tuesday, January 02, 2024 7:18 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Boyritoti,,,,Beacii-Statement.docx This Message Is From an External Sender This message came from outside your organization. Today's date 01/02/2024 Name Matthew McCallum Phone number 330-445-9468 Address 516 Asbury Way Boynton Beach Florida 33426 United States Email i,nriiccallO@kent.edu Current occupation or, if retired, prior Parks Manager with Broward County occupation Education Master's Are you a registered Yes voter? "Do you reside within "61 Do you own/manage a business within City No limits? If "Mes", ii;zjte of b�usi.-tess: Are you currently serving on a City No board? *b you served on a No City board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? 18 If "Yes", when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve in this capacity? Personal Qualifications Professional Memberships Previous member of Ohio Parks & Recreation Association Feel free to attach/upload an extra )it'12.11.Lgj,L LOL�L�112,gilde XcEijgpNq .-Lfld-,P'�?L hp sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board, The message has been sent from 205,1,66,1.61.51 (United States) at 2024-01-02 19:17:59 on Chrome 120.0.0,0 Entry 11): 667 Referrer: ht j)s, Form Host; hftj o I:y pL)�guntme t ijppPrc.�jion --P i K Greetings, My name is Matthew McCallum, and I am a resident of Boynton Beach I have 9 years of professional recreation experience, irlClUding at the municipal and county levels, as well as two master's degrees. Within my experiences, I have been involved in a merger between a parks and recreation department, started recreation pn]gr@n0Sfrom the ground tip, engaged it) community partnerships, written grants, and managed both community centers and currently a36'acrepublic neighborhood park. For example, in my first professional position with the City of Canton, Ohio, our parks department was governed bya parks board, and our recreation department was aseparate entity that was governed bya member ofthe school board and from the City. The recreation department was also severely outdated (at the time, we only rat) softball and volleyball leagues, and summer camp numbers were very low), and it was an opportunity for me to introduce a variety of programs and special events to the public. Over the course of two years, both entities went through an organizational merger and restructure while trying to get a joint levy passed, The process was an uneasy one at that, for both staff and boards, but I learned the importance ofstaying inthe moment, sticking together asate$nu,and seeing something through the end, In the end, after the merger was completed, Our services were streamlined and now under one roof Many of the programs and events that I personally started, such as a Trunk -or -Treat and Father Daughter Dance, are still successfully ran to this day, all because of the timme^effort, and planning that [ put intoget the department upand running. Furthermore, inother positions, ( have managed community centers and inIlly Current role with BravvardCounty, | manage a 36 -acre public neighborhood park, In these public facing roles, I have dealt with custorner service issues, park and building maintenance issues, improvement projects, memberships, rentals, staffing, etc, I understand the importance of how to properly run a recreational facility and how to respond to patron issues and situations in a tirnely fashion, and I understand the importance offacility upkeep and maintenance toensure City services are top notch. Additionally, whether it has been working at a center or a park, community partnerships are vitally important, For instance, with the City of Canton, | worked with a skateboarding association to assist with the implementation and construction ofabrand new skateboard park for the City, From there, |collaborated with them and wrote and received a grant from the Ohio Parks and Recreation Association tooffer a "Summer Skateboarding Camp" for area youth. This initial exposure, Coupled with local media attention, helped nmakethe new skateboard park ahub for skaters around the area. Lastly, | have a solid background in cost recovery (breaking even and making profit) when it comes to running recreation programs and events. In terms of cost recovery, I believe it is important for several reasons. One, as a parks and recreation department, YOU have to know your COMMUnity (income levels, demographics, etc.\and their needs, but bycharging afee, it ensures that residents believe they are receiving quality service. Also, and obviously, the fee allows the department to recuperate costs and if the department, makes a profit, the earned money can then be put back into prograrnming and facilities. Overall, I strongly believe that parks and recreation services bring the corriolUnity together. For instance, they allow people 8fall ages to socialize arid develop new skills, Parents and their kids can take art ciasses together. Adults, especially older adults can enjoy sports together, Such as pickleball. Teens can take part in sniart phone photography classes, Youth can experience their first soccer or basketball ganne.Parks allow citizens toget away from the bustle and bustle oflife, they rnokethe City more aesthetically pleasing, they are good for the environment, and they can improve the property values of 20 hornes, All in all, the City would be getting a seasoned and collaborative professional who seeks to enhance the quality of life for Boynton Beach residents. Thank you for you time and consideration. 21 Matthew H. McCallum 330-445-9468 Parks & Recreation Professional mmccallO@kent.edu Boynton Beach, FL M.B.A. in Leadership, YOUNGSTOWN STATE UNIVERSITY, Youngstown, OH May 2021 M.A. in Sport & Recreation Management, KENT STATE UNIVERSITY, Kent, OH May 2016 B.S. in Kinesiology & Health; Sport Studies, MIAMI UNIVERSITY, Oxford, OH May 2014 * Study Abroad, MUDEC Luxembourg PROFFIESIONAL WORK EXPERIENCE Broward County Board of County Commissioners Fort Lauderdale, FL Parks Manager Associate March 2022 -Present • Directly oversee the daily operations of a 36 -acre neighborhood park, including facilit projects, volunteer progra , customer service, and rental functions • Coach, supervise, schedule, and conduct performance appraisals for 2 FT Recreation Coordinators, 1 FT Maintenance Worker, 2 FT Park Aides, along with coaching and supervising 5 PT park aides, 1 contracted security guard, and 8 camp counselors • Prepare and write monthly parks/inspection reports and submit work orders to repair various park facilities as needed • Collaborate and network with outside community partners for park special events • Procure inventory for park programs and supplies, along with reconciliation of credit card receipts and bank deposits Recreation Manager Boca Raton, FL July 2021 -Jon. 20 • Collaborated with upper management onthe opening and policy development ofa brand new l3,OOOsq. ft. Sports & Wellness Center; oversaw facility operations for the new building including fitness area, childcare room, pool, and playground • Hired, trained, and supervised 10 part-time employees including childcare attendants, fitness attendants, and pool attendants • Planned, marketed, and organized a variety of youth and family programs and special events for an elite County Club of 450 members, including Pool Parties and a Winter Carnival; oversaw aprogram budget DfIQDK Hi -Five Sports Franchising West Palm Beach, FL F/anchise(7wmer/Onen7&Jr Nov. 2{22-Jan.2Q22 0 Owned, operated, and oversaw all operations (staffing, business development, marketing, budgeting, etc.) of national youth sports franchise 0 Collaborated with the City of West Palm Beach, the Town of Palm Beach, the Town of Lake Park, anindoor soccer facility, alocal church, and private customers to introduce a 22 variety of youth sports programs (basketball, soccer, football, multi -sport, birthday parties, etc.\for youth ages 3-12; generated $lI,SOUinrevenue Prairie Township Columbus, OH RecreationSuper-visor Jan. 2019 -June 2020 • Planned, organized, implemented, and evaluated preschool, youth, adult, and youth sports programs, special events, specialty camps, and summer day carnp; increased annual program offerings by1OQ96 • Prepared and evaluated anannual program budget totaling $10OK; averaged a costi ErgLcogvery rate of 140% across all programs, classes, and camps • Collaborated and sustained relationships with local organizations to organize and implement programs such as Touch -A -Truck, Community Health Fair, and Trick or Treat Trail • Recruited, interviewed, hired, and trained 30-40 employees, including childcare attendants, recreation leaders, program instructors, summer camp counselors, volunteers, and contractors • Oversaw the daily operations Vfa childcare room and assisted with the management of e 38,000 sq. H. community center, including facility supervision, registration, scheduling, and cash reconciliation Baldwin Wallace University _' Bemea,UH Assistant Director mfRecreational Sports Aug. 2Ol7-JoM.2DJ9 • Advised and rnentonedeight (8) Club Sports programs regarding marketing, fundraising, budgeting, traveling, insurance, and coaching procedures; led daily activities for Adventure Camp for 100children • Hired, trained, supervised, scheduled, and processed payroll for 75-85 part-time student employees for a 170,000 sq. ft. carnpus recreation center for front desk attendant, fitness attendant, building supervisor, and maintenance positions; reduced employee turnover 6y7G96 • Served onAssessment Committee to evaluate the effectiveness mfstrategic departmental/divisional student learning outcomes Canton Parks & Recreation/Canton Joint Recreation District Canton, OH Program Mon tontPrVgrmn7Director Mor. 20,15 -Aug. 2017 • Planned, organized, implemented, and evaluated new and existing programs to include the following: youth and adult sports, sunnnnerday carnp,enrichment activities and special events; increased annual program offerings byover 5O9& • Collaborated and established relationships with local organizations toorganize and implement programs such as Trunk or Treat, Rookie Rugby, and Canton Area Youth Soccer League • Prepared and evaluated anannual program budget totaling $60K • Wrote and implemented Memorandums of Understanding and independent contracts for partner organizations and community groups 23 III OEM 401illao wol Rumflum"LONK4 drm volunteers Created and distributed program flyers throughout the community; partnered with office staff to develop and produce seasonal program guides; managed Facebook account and updated website; wrote email newsletters utilizing Constant Contact Solicited $2,885 in both in-kind donations and sponsorships from local businesses to offset program costs; wrote and received $6,000 in grant money to offer programs including Horse -Drawn Holiday Rides, youth skateboarding camp, and Art in the Parks CERTIFICATIONS/COMPUTER SKILLS: ..... . . . ...... Youth Mental Health First Aid Certification, 03/2023.- Present Adult First Aid/CPR AED, 03/2023 -Present Computer Skills: RecTrac, ActiveNET, SportsmanSQL, Canva, Facility Focus, ADP eTime, Kronos, WhentoWork, Constant Contact, PeopleSoft, Microsoft Office 24 5.B Administrative 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Community Support Funds. Requested Action: Approve Community Support Funds Request from Vice Mayor Turkin. How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: SGB Boynton Purple Cobras.pdf 25 R15-055 R22-140 1■ HMAKIV COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Februar 6 2024 Requested by Mayor/Commissioner: Vice Ma or Turkin Amount Requested: $750.00 „� _........ _ Recipient/Payee: SGB Bo nton Pur le Cobras Description of project, program, or activity to be funded: little lea ue baseball Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $_ 6,000 The balance of funds available for the requesting Member of the Commission is $_4,325._...___. Accordingly: ✓ There are funds available as requested There are insufficient funds available as Dated: Part III -Eligibility Evaluation r requeted B `� _..._....... Maylee to esus, Ct Clerk a ✓ Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit ✓ The recipient/payee provides services within the City ✓ The public purpose is beneficial to the entire community served by such donation Dated: By: �.....-._.__v_. www Requesting_N..._._._._�....ww�__w..M.M.�..M_.._._....._.._..._____............... Member of the City Commission S:\CC\WP\COMMUNITY SUPPORT FUNDS\FY 2023-2024\VM Turkin\Boynton Purble Cobras.doc 26 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification A.....o.,cla securrn._.uw,m,...,__e. r .... or identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature n '7�r`� wlk / �� Here U.S. person ► i i'%' �/LC/ General General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Date 0 - • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. -_-�� Cat. No. 10231X Form w-9 (Rev. 10-2018) 27 Request for Taxpayer Give Form to the Form (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. - SGB Boynton Purj le_Cobras 2 Business name/disregarded entity name, if different from above �3 � Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (cod es apply only to following seven boxes. certain entities, not individuals; see a o ElIndividual/sole proprietor or 2C Corporation ElS Corporation ElPartnership ElTrustlestate instructions on page 3): ai single -member LLC Exempt payee code (if any) CL 0 It ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 00- ` 0 `o s? Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting in .0 LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code ( if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. ....................... ... . .0 ❑......... .... wmde the U. S .) u y mber,instructions) 5 Address ((see treetand apt. -or suite no.) See instructions. Requesters name and address (optional) 7530 Prescot Ln 6 City, state, and ZIP code Lake Worth FL 33467 _...... 7 List account number(s) here (optional) _w_ ...._.�.... ....................... __w �............. _w_. Taxpayer Identification Number (TIN) _ ....................,.....,.,.,_, Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification A.....o.,cla securrn._.uw,m,...,__e. r .... or identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature n '7�r`� wlk / �� Here U.S. person ► i i'%' �/LC/ General General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Date 0 - • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. -_-�� Cat. No. 10231X Form w-9 (Rev. 10-2018) 27 Consent Agenda 02/6/2024 Proposed Resolution No. R24-020- Amend the FY 2023-24 budget to adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), the Fleet Fund (501), and various funds for previous years' Purchase Orders. Requested Action: Approve Proposed Resolution No. R24-020. Explanation of Request: The FY 2023-24 Budget was adopted in September 2023 before identifying all prior year CIP purchase orders. This review occurs from late October through December/January. As such, the FY 2023-24 Adopted Budget for various Capital Improvement Projects and related accounts needs to be adjusted to reflect outstanding FY22-23 purchase order encumbrances. This type of budget amendment is part of the annual budget process. The Budget adjustment will increase the Fund's total appropriation, which requires City Commission approval. The City's practice is for all City operating budgets and unspent appropriations to be canceled at the end of each fiscal year. Thus, the unspent monies become part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2023-24, budget modifications will be made to various Funds, see Exhibit A. Staff is requesting Commission approval of the following: The Capital Improvement Fund will be amended for Fund 302 from $8,429,891 to $9,484,165, and Fund 303 will be amended from $6,392,000 to $8,616,885, all due to prior year encumbrances related to various vendors. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $41,784,000 to $52,395,035 and for Fund 404 from $2,600,000 to $4,550,493 due to both prior year encumbrances. • The Golf Capital Improvement Fund will be amended for Fund 412 from $375,056 to $387,868 for both prior year encumbrance for carpeting. • The Solid Waste Fund 431 will be amended from $15,259,265 to $15,286,355 due to both prior year encumbrance for equipment rental and software needs. . The Fleet Fund will be amended from $11,389,127 to $18,844,975 due to prior year encumbrances for vehicle purchases. . The Risk Management Fund will be amended from $8,071,711 to $8,140,237 due to prior year encumbrances for vehicle replacement and contractual obligations. How will this affect city programs or services? The City will continue to follow good and appropriate budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Attachments: R24-020 FY23-24_CIP_Budget_Amendment_Resolution_-_February_6_2024_.docx FY23-24 Budget Amendment for Prior Yr 22-23 Encumbrances v2.pdf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R24-020 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING FISCAL YEAR 2023-24 BUDGET, WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUNDS (302 & 303), THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 & 404), THE GOLF CAPITAL IMPROVEMENT FUND (412), THE FLEET FUND (501), AND VARIOUS FUNDS FOR PREVIOUS YEARS PURCHASE ORDERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget for the fiscal year 2023-2024 was approved by the City Commission on September 27, 2023, before identifying all prior year CIP purchase orders; and WHEREAS, this review occurs from late October through December/January; and WHEREAS, the FY 2023-24 Adopted Budget for various Capital Improvement Projects and related accounts needs to be adjusted to reflect outstanding FY 2022-23 purchase order encumbrances; and WHEREAS, this type of budget amendment is part of the annual budget process and will increase the Fund's total appropriation, which requires City Commission approval; and WHEREAS, most capital projects may span multiple years and continue into the following year and, therefore, under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these projects; and WHEREAS, the Capital Improvement Fund will be amended for Fund 302 from $8,429,891 to $9,484,165, and Fund 303 will be amended from $6,392,000 to $8,616,885 all due to prior year encumbrances related to various vendors; and 1 C:\Users\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@5COBBEFD\@BCL@5COBBEFD.Docx 30 30 WHEREAS, the Water & Sewer Utility Capital Funds will be amended for Fund 403 from 31 $41,784,000 to $52,395,035 and for Fund 404 from $2,600,000 to $4,550,493 due to both 32 prior year encumbrances; and 33 WHEREAS, The Golf Capital Improvement Fund will be amended for Fund 412 from 34 $375,056 to $387,868 for both prior year encumbrance for carpeting; and 35 WHEREAS, The Solid Waste Fund 431 will be amended from $15,259,265 to 36 $15,286,355 due to both prior year encumbrance for equipment rental and software needs; 37 and 38 WHEREAS, The Fleet Fund will be amended from $11,389,127 to $18,844,975 due to 39 prior year encumbrances for vehicle purchases; and 40 WHEREAS, The Risk Management Fund will be amended from $8,071,711 to 41 $8,140,237 due to prior year encumbrances for vehicle replacement and contractual 42 obligations; and 43 WHEREAS, accordingly, staff is requesting City Commission approval to amend the FY 44 2023-24 budget as noted specifically in Exhibit "A." 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA: 47 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 48 being true and correct and are hereby made a specific part of this Resolution upon adoption 49 hereof. 50 Section 2. The City Commission hereby approves amending various FY 2023-24 51 Capital Project accounts as reflected on Exhibit "A" attached hereto and incorporated herein, 52 which will adjust budgeted appropriations and revenue sources and provide spending 2 31 C:\Users\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@5COBBEFD\@BCL@5COBBEFD.Docx 53 authority for the General Government Capital Improvement Funds (302 & 303), the Utility 54 Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), the Fleet 55 Fund (501), and various funds for previous years Purchase Orders. 56 Section 3. This Resolution shall become effective immediately upon passage. 57 PASSED AND ADOP 4 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 ATTEST: 74 75 76 Maylee De Jesus, MPA, MMC 77 City Clerk 78 79 80 (Corporate Seal) 81 82 83 84 TED this 6th day of February 2024. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. 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O N N 0 0 0 0 0 0 0 0 0 c? l0 �D iD l0 t0 t0 t0 �O l0 N l0 lD �D �D l0 �D lD t0 l0 t0 t0 l0 i0 l0 l0 l0 N N V1 N N N N N N N N N Vt N N Vt O 00 Vt O 00 Vt N N N N n n n n V1 N V1 V1 N n N C 7 C N V1 N a a a a N V1 N V1 0 0 0 0 0 oa co oa oc oo V1 N V1 V1 N a V1 � � m m m � m � m C V C vl ✓1 vl ✓1 ✓1 ✓1 ✓1 ✓1 vl lD N H N a s a a v v v v a a a a a a a a a v a v v a v a a a M M O O M M M O M M M O O M M M O M M O M M O M M M M M O O O OO M M M M M M M M M O O O M M M M M M M 0 0 0 0 M M M M M M M M M 0 0 0 0 0 M M M M M M O M a 72 L w N 0 O � N 0 M Z N O N a z O Z a d O z W W Z a u rt z w z m w Q V w H Z U w u u z m Q o O O u u `n ¢ w w w > z O O z O u V z z U u u o Z d u N w 0 0 u = z z O z w z z z u O d ¢ w 3 l7 z z O o z w w Z rc w H Z U d 0 Ou Z u H z 7D WOu Li l7 zw w w u 2i u `^ o w x m l7 w w x w a J w w w H O p o o= w V? l7 rc O w m x x w ~ O o J o Z Z O z w Q O z z z r Q Q? o u Q a - m- O Q m --- d¢ a m m O H O O m a a O m O a a d �n lui O rc u w Z O z rc 0 0 O O Ou Z Z Z N a 0 l7 O Q m 0 w> d w x x w Q w O>¢ Q Q ob a> Q O 2> ¢ O Z Q a u H 2 z O O K x N u V l7 C7 Q m Q H m to l7 > H a a V m K> l7 u Q Q Q a = V1 u rc d vi v� - u >W > NN >N 'T Y R 0 'o w v v v '-' o a c c v o 0 o O E o E 3 0 ¢ o o E a a v a E n a a d E E v v c c o Y 04 aruo rva L otl N m ai E a- 'a ¢ rc ai E¢ v v - O u -wu .`• =' 30 :. .`• « `- voi N v v R y X ~ E E 'ai' °.i' '6 ¢ N U E m m UI d v w E "6 _ d` N Ol 01 Y 3 3 o'" d d `o w� w � v N o m u N a d aN L E M _ 0 z '-Z >_ ° E a a a3: E E v o w w < w < l7 w U 7 z w �i w w z l7 m� m w 7 w Q w F a� z m Q Q a E w o m m m e m o 0o o 0 0 w m m m m m 0 0 00 0 0 0 o N o N o 0 1 1 n o 0 0 � N m 7 n 0 0 0 0 0 0 0 0 Z3 N N N 0 o CC N N N K N K N N N K CC K K N N N N K N N N N N N v 2i Zi 2i 'O a O ri n 2i n 2i Zi � Zi 7 7 � Zi � Zi � � � � � � 2i O 2i Zi 2i � 2i � � Zi � Zi V V O V N lD O ti m V1 ci N N w m n N lD W VI V V1 Q1 w O vt v1 l0 w vt Vt vt vt vt vt vt vt vt V1 Q1 lD l0 Q1 O w t0 m N N N m E N N N 3 Z O N N Ol V Ol m N N m N m O vt O V O n 0 a0 O O O vt m - m o' N N N N N N N N N N N N N N N N N N N N N N N N N N m a N N O m l0 N m n 0 l0 n N N N N N N N N N 0 a f w E a a z N O O O ci LO O W N N N � N N N Ol Ol V1 N Ol Q1 � O] CO .-I .-i l0 l0 lD lD N M 00 O �/1 Ol V1 lD l0 � a O a MN V1 V1 M CO rl M n' n N M n N N W If1 Ol M M V1 O O1 .-I Ol 01 if1 �I1 O n M n .-I N O L n 0 O N N O n n lD if1 M 00 lD M 01 V1 N Vf lD O a (3iM Vf M n VI a m M N if1 n l0 O N O n O O W VLr f V1 M O 01 O lD O M lD M O O Ol n n N M N l0 N a a .-I O dl O ti N M N M N O W Ol lD M n n N a 0 O1 � O a O N N V1 LD LO V1 O � V1 n M O M .-I N O M lD n l0 d1 M lD m LO n O 7 m M n lD n n n N t0 M N O O 01 Ol 01 Ol O N N N M� W M Ol Q1 N l0 1p n CO 00 Ol Ol 01 Ol 01 O lD l0 n n W V1 O O M 0 V M M M M M M C 7 C 7 7 7 7 7 a 7 N Vt V1 VI V1 VI Vt V1 N W M Ol N N N N N N N N N N N N N N N N N N N N N N N N N N N N l0 a Ol N rl m a W 01 O n o lD n n 0 7 �/1 O M O �/1 0 0 0 V1 N vt O N m n O W O �D � CO M W l0 W M n N V) O M O l0 CD M In O n't V1 00 N M Vt 1 m N N 1 O oc O O n M M O W W n N n O1 W Ol n V1 n n D VLr1 n O M � M VI M N n� n dl m Ol N W N O n N n n 01 l 00 p l0 lO W n O N O N N W O1 Ol h W 00 O O O ti N n N W N N O lD h 7 Ol n 00 V1 a Ul ti O N rl W A C rl N l0 lD M m m N N 0 CO M M M M n rl N C C N C m O 4l 7 M a Ol rl M N 7 Ol w 7 N N o to o co ti ti N N m m .n m m m co w ti .ti �� w� ti m o o m �n in w a a o a 0 o n rl n m m o 0 rn m n a n m n nN m Lc m O n Cl in �n m in m m �n N �n o a m m �n .n a m �n n o 0 o n o o w Ln .n m m ai o iri o m m of � in N N N N N N N N N N N N N N N N N N N N N N N N N N N N � V Vf Z a c w D Q H u d z ¢ a w w w w w w w w w w w w w w w w w w w w w w w w w w w w Z O a a a a a a a a a a a a a a a a a a a a a a a a a a a a 3 3 3 3 3 3 3 3 _ �� 06 65 06 65 06 CO 06� 06� 06 66 CO� CO�� 66�� 06 06 06 D6 06� LL 06 co co 06 co 06 cz 66 06 H 0'6 ob 075 oii 025 oii 075 CO 06 071 06 ni' 06 66 CO Ob CO Cb oii ob oii ob 06 ozi 075 oii 075 oti LL O 06 co co 06 oii ob oii ob oii n -- a v a v a v a v a .� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .n m 0 0 0 0 0 0 0 0 0 a LO N l0 N l0 lD l0 lD l0 lD l0 lD l0 lD l0 l0 t0 l0 t0 l0 l0 l0 l0 N l0 lD l0 a a LD LO iD l0 LO l0 LO l0 LO M M M M M M M M M M M M M M M M M M M M M M M M M M M M M V1 N N V1 N V1 N V1 V1 V1 V1 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M V1 V1 V1 N V1 N V1 V1 V1 N V1 N V1 N V1 N V1 N V1 N V1 N V1 V1 N N V1 N V1 V1 N N V1 N V1 N V1 N V1 N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a s 0 0 0 0 0 a 0 0 0 LO M V ¢ O N w � N Z O Q z m ¢ O Z N Q N w N o n Z O O `l' O v~i N H O Z U 0 o u Z v Z F- H z 03 z Z Z V C7 V a I v}i K H p- QzV 0 m Q D O> Z_ Q E E a = O= Z am'1 U=F- Z = v o O z O O v Q N Q > p Z W _ w Z p w Z F- 3 r > C C K K 2 Y OO U N ¢ 7 r m F - w X K Q m m z 0 S N 0 0 F- XK O, m u 0 d u S 2 m U O O N 01 Ol W M O O O �O N tD M O w w 0 N m m n N 0 m a 0 r N N O O n C O iD m iD O O iD r+l o] tp N tD O vl h 0 0 n n V Q� N r W O m ill N M M C � Ol N O C M W O� � O H ti H ti V O V C vl �D ati H EO N Q m V m O N p m M d N d o Q W N N N N N N N uw vmi z x O ¢ Q¢ Q¢ Q¢ w w w w w w O z z z z z z z � 0 0 0 0 0 0 0 m N N N N N N N D Q Q Q¢¢¢ W W W W W W W C Q Q Q Q Q Q Q w K 0 0 K K K LL a d a d a a a D 0 0 0 0 0 0 K K K K K K K S N N N N N N Ol d a x x x x x x x 0 0000000 0 0 0 0 0 0 0 N m m m m m m m m m m m m m .ti 0 0 0 0 0 0 io io io io io io io �o M m m m oo m M M M M M M M M M M M M M M N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 N N N N N N N N N N N N N N M M M M M M M M M M M M M M a a a a a a a a a a a a a a « c O o o m m as o n � u O N O] W W v N `0 O v O o O O Oi 0 3 3 o� o� o6 o m v O ONi Omi o v E E a o o E E n v n c n o am'1 E> E E `� E o E E a v o a z u 3 "> u r V} - vii vii O vii 9 O f N a` l7 in l7 ¢" l7 C7 iUi V 7 O• 3 U 01 4 E v N N N N N N N N n Q 3 z 0 0 0 0 0 0 0 0 ro m N m N m N O 0 0 0 0 0 0 oo c+ oo m m v d U u V N N N V72 V V V V N N L x O W •O a 7 7 7 7 7 7 7 U U 7 U 7 7 w O n m 1 O N tp lO M tp Ol O t0 M m N l0 N n lD N Ol M C N O O Eo - N - N - N 3 N N - H N N N N N O O � 7 M z N K H C 0 a C O W O W 01 Ol O] W M N n l0 lD M M .-I a N n 7 W at l0 W at O l0 N lD M lD N 01 M n N N N O to W �D O N 0 M W l7 M N N M N 0J 01 0 0 M l0 N O C M N t0 n n n N N z n .ti ti ti ti ti N a a a vi �o �o oj N Q m O N N ON O N H N O N N O m .ti O m 0 0 to o to N a n M O N m O w O 00 y1 � a N a 0 W Ql N 00 Ol n N W N n a M m 1 C t0 V1 n t0 Vl ti N O n N I --I 0 3 O ti M n mM N n MO a M N N m m E N Iq N 1p H N C M a M ar m a N M N lD M N u o o a o a o o o 0 0 0 M C Ol E O N N N 3 C 7 f- b0 Z � W C U O O N 01 Ol W M O O O �O N tD M O w w 0 N m m n N 0 m a 0 r N N O O n C O iD m iD O O iD r+l o] tp N tD O vl h 0 0 n n V Q� N r W O m ill N M M C � Ol N O C M W O� � O H ti H ti V O V C vl �D ati H EO N Q m V m O N p m M d N d o Q W N N N N N N N uw vmi z x O ¢ Q¢ Q¢ Q¢ w w w w w w O z z z z z z z � 0 0 0 0 0 0 0 m N N N N N N N D Q Q Q¢¢¢ W W W W W W W C Q Q Q Q Q Q Q w K 0 0 K K K LL a d a d a a a D 0 0 0 0 0 0 K K K K K K K S N N N N N N Ol d a x x x x x x x 0 0000000 0 0 0 0 0 0 0 N m m m m m m m m m m m m m .ti 0 0 0 0 0 0 io io io io io io io �o M m m m oo m M M M M M M M M M M M M M M N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 N N N N N N N N N N N N N N M M M M M M M M M M M M M M a a a a a a a a a a a a a a M O O c O o C o m m N o n � N O N O] W W v N `0 O v O o O O Oi 0 3 m m o m v O ONi Omi �n E E E am'1 01 O v o m O N N V} - 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Consent Consent Agenda 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-021- Approve and authorize the Mayor to sign the First Amendment to the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, for the improvements to the Historic Woman's Club of Boynton Beach. Requested Action: Approve Proposed Resolution No. R24-021. Explanation of Request: On February 11, 2021, The City and the CRA entered into an Interlocal Agreement (ILA) for the transfer of ownership and funding of certain improvements, operations, and maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S. Federal Highway, Boynton Beach, FL, which is listed on the National Register of Historic Places. The ILA allows the City to request reimbursement for eligible costs for the physical maintenance and renovations in an amount not to exceed $250,000 annually for three years. Basic terms of the ILA: • CRA Funding $750,000.00 - R21-021 - Improvements and Maintenance ($250,000.00 annually per three (3) years) • CRA Funding $87,000.00 - R21-047 - Professional Design Services. • Funding to be used for professional design services, maintenance/operation, construction costs for physical improvements, ADA accessibility, historic preservation, health & safety codes, and pedestrian access between parking areas and the HWCBB. • Effective date Feb 11, 2021. • The current termination date is Feb 11, 2024, this amendment will extend the ILA to September 30, 2024, concurrently with the City and CRA's fiscal years. • Funding issued upon the City's written request for reimbursement along with required documentation. How will this affect city programs or services? This project will enhance the CRA Area. Upgrades will allow the City to expand its cultural, educational, and recreation programs, as well as expand the type and scope of rental facilities for City residents and public use, attracting new events and exhibits and increasing the facility rentals. Fiscal Impact: This is a budgeted item - Reimbursed by CRA. Attachments: R24-021 First_Amendment_to_ILA_with_CRA_for_HWCBB_-_Reso_1_.docx First Amendment to ILA for HWCBB.pdf HWCBB - CRA Statement.pdf R21-021. pdf R21-047. pdf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R24-021 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 11, 2021, the City of Boynton Beach (City) and the Boynton Beach Community Redevelopment Agency (CRA) entered into an Interlocal Agreement (ILA) for the transfer of ownership and funding of certain improvements, operations, and maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S. Federal Highway, Boynton Beach, FL, which is listed on the National Register of Historic Places; and WHEREAS, the Interlocal Agreement has a termination date of February 11, 2024; and WHEREAS, this amendment will extend the date of the Interlocal Agreement to September 30, 2024, to allow the City to request reimbursement for eligible costs for the physical maintenance and renovations in an amount not to exceed $250,000 annually for a total of three years; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the improvements to the Historic Woman's Club of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr 740B5C6F\CcvBCLCa)740B5C6F.Docx 40 31 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 32 Agency for the improvements to the Historic Woman's Club of Boynton Beach. A copy of the 33 First Amendment is attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 6th day of February, 2024. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 55 Maylee De Jesus, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD---1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\CuBCL@740B5C6F\,,qjBCLC740B5C6F.Docx 41 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("First Amendment") is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("Agreement") on February 11, 2021; and WHEREAS, the Agreement is set to terminate on February 11, 2024; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2024. 4870-0623-0420, v. 1 42 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Office of the CRA Attorney Approved as to Form: Office of the CITY Attorney By: Ty Penserga, CRA Chair Date: CITY OF BOYNTON BEACH By: Ty Penserga, Mayor Date: 4870-0623-0420, v. 1 43 Public Works Department Historic Woman's Club - CRA Statement CRA PO Issued Reimbursed In process PO 1925 $ 87,000.00 $ 87,000.00 PO 1968 $ 250,000.00 $ 234,102.63 $ 15,897.37 PO 2026 $ 250,000.00 $ 56,151.00 $ 31,161.71 PO 2067 $ 250,000.00 $ - Totals $ 837,000.00 $ 377,253.63 $ 47,059.08 44 II RESOLUTION NO. R_�D j 2 A RESOLXTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT" ANI) A PURCHASE AND 5 SALE AGREEMENT BETWEEN THE CITY OF BOYNTON 6 REACH AND ']'HE BOYNTON BEACII COMMUNITY 7 REDEVELOPMENT AGENCY FOR THE HISTORWWOMEN'S 8 CLUB OF BOYNTON BEACH; AND PROVIDING AN 9 EFFECTIVE DATE. I 10 WHEREAS, The Boynton Beach Community Redevelopment Agency (CRA) has 11 owned, mal n t;pined and operated the I I is toric Wornen's C I u b o fBoynton Beach Located at 1010 12 S. Federal highway since 2017; and 13 WHEREAS, in order to remain consistent with the CRA's statutory mandates, the City 14 of` Boynton Beach (City) and the CRA are proposing to transfer the ownership, maintenance 15 and operation of the property from the CRA to the City, and 16 WHEREAS, on January 12, 2021 the Boynton Beach CRA approved the Interlocal 17 Agreement between the City of` Boynton Beach and the CIRA; and 18 WIIEREAS, the City Cornmission of the City of Boynton Beach, Florida, upon the 1.9 recommendation of staff", deems it to be in the best interests of the City residents to approve and 20 authorize the Mayor to sign an Interlocal Agreement and a PurchaseandSale Agreement with 21 the Boynton Beach Corrurrunity Redevelopment Agency for the llistoric Women's ClUb of 22 Boynton Beach. Both final Agreements shall be in a form acceptable to the City Attorney, 23 NOW,'I'IIEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA,TIIAT: 25 Section 1, tach Whereas clause set forth above is true and correct and incorporated 26 herein by this ret'crence. S, CA R FIS(,)\A greet nents'JLA And 11achasc Agwenient With CRA For Women's Club - Reso.Docx 45 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement and the Purchase and Sale 29 Agreement between the City of Boynton Beach and the Boynton Beach Community 30 Redevelopment Agency for the Historic Women's Club of Boynton Beach both of which shall 31 be in a final form acceptable to the City Attorney. A copy of said Interlocal Agreement is 32 attached hereto as Exhibit "A" and a copy of the purchase and Sale Agreernentare attached 33 hereto as Exhibit "B", 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of February, 2021. 36 CITY Ol'BOYNTON BEACH, FLORIDA 37 38 39 40 Mayor -.- Steven B, Grant 41 42 Vice Mayor --- Ty Penserga 43 44 Commissioner Justin Katz 45 46 Commissioner Woodrow L, 1 -lay 47 48 Corni-nissioner Christina L. Roniclus 49 50 VOTE 51 ATTI ST: 52 53 54 r s t a I Gibs MMS.. y City Clerk "7 58 59 (Corporate Scat) S, CA RFSO\AgreemewsAIA And llurchase Agreonent Wilh CRA For Women's Club - Reso.Docx YES NO 46 INTERLOCAL AGREEMEN'll" BETWEEN THE CITY OF BOYNTON BEACII AND TFIE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 'TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTII FEDERAI.., MG11WAY, BOYNTON BEACH, FL "t'OTHE CITY OF BOYNTON BEACI-I AND TIDE FUNDING; OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE141ERON. THIS AGREEMENT ("Agreernent") is made by and between the CITY OF BOYNTON BE'ACII, a 1, lorlda Municipal ("orporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Pat -ties") WITNESSETH: W11 ERI?,AS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the COMMUnity Redevelopment Area ("CRA Area") as described in the Plan; and WIIEREAS, the CRA owns the property within the CRA Area located at 1010 South Federal I lighway, l3oynton Beach, FL (the "Property"),is further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building and WHERU'.AS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the property is subject to certain restrictive covenants; and WHEREAS, the CITY desires to own the Property and use the HWCBB for proper 1111.11116pal purposes, specifically, for Municipal and cultural purposes and as art events venue available to rent by the general public; and WHEREAS, the use ofthe Property by the CITY for municipal and cultural Purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located m.tiacent to 1021 S Federal Highway, Boynton Beach, FL,, (the, "CITY Parcel") (a description of which is attached hereto as Exhibit "B," which is hereby incorporated herein), which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and fall use of the Property by the CITY as described above; and WHEREAS, the transfer of this Property to the CITY will further prornote the goals anti objectives of the CITY; and 47 WHEREAS, the C"I" N' will Undertake the maintenance and operations of the Property in firrtherance of that goal-, and WHEREAS, maintenance and operzation, of the IIWCBB requires the additional oft' -site parking found on the CITY parcel; and WHEREAS, the CRA desires to provide the CITY with fLinding for the maintenance and operation of the Property, for a period, riot to exceed three (3) years from the Liffective Date ofthis Agreement ("Maintenance Period"); and WHEREAS, the CI�A further desires to fund various physical improvements to the I-IWC13B related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the I IWC IM; an(] WHEREAS, the physical improvements described above and the operations and maintenance of the IJ\VCBB during the Maintenance Period are hereinafter referred to as the "Proiect;" an(] WHEREAS, the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CIZA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan arid Chapter 163, Florida Statutes; and WHEREAS, dire to the intended historic preservation ofthe IIW(.Bf3, and the beneficial nei glib orli ood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, 'I'll E REFO RE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein, 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two IlUndred Fifty and 00/100 Dollars ($250,000) annually (for a maximurn total of $750,000) to be rise(] for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of' Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the reqUirernents of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipirient costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes N 48 the IJWC1313), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the I-1WCB13, shall be considered eligible expenses. I -nent to CITY employees, and any payoffs, ITY overhead, CITY administrative costs, payi required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the HICIUS1011 of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. c. The CRA reimburse the CFTY for eligible expenses upon receipt of a written, complete Reimbursement Request ftom the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. & The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of` April every year through the life of this Agreement, the City shall provide the CRA with r,in Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget forthe 2021/2022 fiscal year. Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. c. The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. (t The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to CfTCCtUatc the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. The CITY shall also be responsible for the maintenance of the Property, along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. 01434266 1 3 49 f, Upon request fi-orn the CRA, or an authorized agent of the CRA, including the 11'xecutive Director or designee and the ("RA Attorney, the CITY shall provide all docurnerits reasonably requested by the CII RA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reirribursernerit Request. 9. The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in SLICh agreements. On the ETFective Date, the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a. The CITY shall provide a written request for reirnbursenierit of fitinds ("ReinibL,irsernent Request") meeting the requirements ofthis Agreerrient to the CR.A. In order to Ile eligible for reimbursement, the ReirribUrsenient Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reirribLirsernent; b. Forty-five (45) days before the end of the CRA's fiscal year; and c. 1, orty-five (45) days before this Agreement terminates. h. In order to be deemed a complete RefinbUrserrient Request, the Reirriburserrient Request shall Include the following informatiow i. The amount ot'reirnbursernent requested; it. A SU111mary of the Project items for which the CITY seeks reiniburserrielit; in. A statement that the Project is in cornpliance with the Man and Florida Statutes, and evidence Supporting the statement; iv. Copies of' all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payrnent made by the CITY for the Pro.ject for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of' an approved final inspection, or equivalent, and a final report by the ("A"IN detailing at nummum the type i mproveme tits, reasons for the improvements, and the associated costs. W434266 1 4 50 c. Upon receipt of a complete Reimbursement Request from tile CITY that. meets the requirements of this Agreement, the CRA shall remit funding in the arnount requested, consistent with this Agreeincrit, to the CITY within ninety (90) days of receipt of the ReirnbUrsernent Request. d. If the CITY fails to submit a Reirribursernent Request within ninety (90) days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that Improvement, Ifthe CITY Submits a Reimbursement Request that the CRA deems incomplete, the (..RA shall notily the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or Support the Reimbursement Request. The (. I ITY shall have ninety (90) (lays from receipt of' the notice to provide the necessary documentation to complete the Reinibursernein Request; however, in no case shall the City submit Such (JOCLInlentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the docurnentation required by the CRA within the required time limits, the CITY shall only be eligible for the portion of` the Reimbursement Request, If any, that the deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible For reirribursernent. 5. Limits of CRA Obligations for the Project. The parties agree that the CRA shall only be responsible for providing reirnbUrSernent to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating tile Pro.ject or otherwise assisting with the IIWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of, the Property is assigned for use to a private or non-profit entity for m()re than seven calendar days (whether or not Such entity pays the CFFY rent for Such use), then the maintenanec and operations costs for that portion ofthe Property shall not be deemed eligible expenses Im the duration of the use by that entity or during such time as the Property is not used for Public purposes. The intent of this paragraph is to prevent the use of'CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property (such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA , upon recommendation of staff, deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the OW4266 1 5 51 City. The CRA and the City will negotiate and enter into a separate Purchase arid Sale Agreement. 1`61- a Quit -Claim Deed transferring the property from the CRA to the CITY. 8. Indemnification. The ary shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of', arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768 28, Florida Statutes. 'This paragraph shall not be construed to require file CITY to indemnify the CRA for CR 's own negligence, or intentional acts of the CRA, its agents or enil-floyees. E'ach party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents, 9. Term of the Agreernent. This Agreement shall becorne valid and commence upon the (late of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminate(] pursuant to this Agreement, shall terminate three years from file Effective Date ("Tenrunation Date"). In no case shall the CRA be required to reimburse the CITY for any tintiniely requests, or requests submitted after this Agreement is terminated. The term of tile Agreement. may be extended only upon the execution of written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreernent in accordance with other provisions in this Agreement. 10. Records. The CITY an(] the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall he adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose ofinspection or audit during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. ii. filing. 'The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of file Florida Statutes 01434266 N I 52 12. Default. Unless otherwise provide(] in this Agreement, if either Party defaults by failing to perf'orin or observe any of the material terms and conditions of this Agreement for a period of ten ( 10) calendar days after receipt of written notice ot'such default from the other Party, the Party giving notice of` default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights, No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach ofthe other Party as may be available to it in law or equity. 13. No Third -Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third Parties that are not signatories to this Agreement, 14. Compliance with Laws. The CITY and the CRA shall comply with all statutes,, laws, ordinances, rules, regulations and lawful orders of the United States of" America, State ofl-lorida and of any Other public authority which may be applicable. 15. Entire Agreentent. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto, All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement, 16. Severability. if any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable, 17. Governing Law and Venue. The teens of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State ofFlorida and the United States of'America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terns ofthis Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palin Beach County, Florida, or, it' in federal court, in the United States District Court for the Southern District ofFlorida, to which the Parties expressly agree and submit. 7 53 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason In its hiring or contracting practices associated with this Agreement. 19. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall ren -min until it shall have been changed by written notice in coiripliance with the provisions ofthis Paragraph. For the present, the Parties designate the following as the respective places for giving or notice: a. CITY: Lori LaVerriere, City Manager. City of Boynton Beach 100 F", Ocean Avenue Boynton Beach, FL 33435 b. CR A: Michael Sit'1101), F.'XeCUtive Director Boynton Beach CRA 100 l:'. Ocean Avenue 4 1,h F'l o o r Boynton Beach, Florida 33435 c. Copies To: James A. Clierof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1.500 West Palm Beach, Florida 33401 20. No Transfer. The Parties shall not, III whole or in part, Subcontract, assign, or otherwise transfer this Agreement or any rights, Interests, or obligations hereunder to any individual, group, agency, governinent, non-profit or for-profit corponation, or other entity without first obtaining the written consent of the, other Party. I 54 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of' the Parties. The parties declare that, the terms of this Agreement have been read and are fully understood. The Parties Understand that this is a binding legal (10CUrrient, and each Party is advised to seek independent legal advice in connection With the matters ret'crenced herein. 22. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed '111 OrlI g 11,11, but all Ot'WluCh together shall constitute one and the same insty uirient. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the sarric instrument. In addition, said counterparts may be transmitted electronically (i.e, via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original dOCLUTIeut for all purposes hereunder. 23. Survival. Tlie provisions of this Agreement regarding indemnity, waiver, ten-nination, maintenance of' the Property, and records shall survive the expiration or termination of' this Agreement and remain in ffill force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the perf'orniance of the provisions in this agreement. [Signatures on following page.] I 55 INIATUNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later cif` the dates set forth below. ell Crystal Gibsot� "1"0 1 .. ..... .. . . ........... . .. ... . i CITY Cler 11), Approved a, t Office of the ITY Attorney}� CITY OF BOYNTON BEACH, a Florida municipal ),pporation By:_ Steven B, Grant, Mayor Date: 7 (SEAL) Approved as to Form: BOYNTON BEACH COMMUNITY REDEIVELOPMENT AGENCY -,z.. .. .. .. .. . By: . . .. ....... Office of the CRA Attorney Steven 13. Grant, Chair Date�_ ............ I 0 f 411? 66 10 56 IN NUTNESS NVHEKEoF,,b.- CITY amd Lie CRA b.-rcto have -lutedhisAg%nn:&m w, el'br triter of the dolts. fe, 16fib bc'v w,, Emu= CrYM41 Glibw, r,*,TY i Pr rlic, CI'TY Aaorlwy AlyprwiLd ;ii ti�� h.mr.,. ftec of'lhl- P.A Arlonw-y CITY OF BOYNTON BLACII, it H-jr0a it'ju-mvIpal owparatlan STV�Ijl K Otani, mayl,)r Ertl f SP " A L) BOYNTON 11VA(li ('OM'Nrr,,-NITY H 57 EAHIBIT"A" CRA -owned Property Information (1010 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0040 Legal Description: Lots 4, 5, 6, and 7, Parker l -'states, according to the Plat thereof' as recorded in Plat Book 10, Page 37, Public Records of Palm Beacl'i County, Florida, Less the West 35 Feet thereof for Road Riglit ofWay. Location Map 58 EAHIBIT"B" ( I TY -owned N-operty Information (1021 South Federal Highway, Boynton Beach) Parcel 11) Number: 08-43-45-28-24-000-0140 Legal Description: PARC III'll- 1: I-ots 14, 15, 16, and 17, PARKER L'STATEIS,a subdivision of the City ofBoynton Beach, Florida, according to the Plat tHereof ori file in the office of the ("Jerk of the Circuit court in and for Palm Beach Cunty, Florida, recorded in Plat Book 10, at Page 37. PARCEL 11: Lots I and 2, Block B, HATHAWAY PARK, a subdivision of the City of Boynton 13each, Florida, according to the Plat thereof on file in the office ofthe Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUB,1ECT1'0: easements, reservations, restrictions, road -right-of-way of'record, ifany, and taxes f'or the year 1998 an(] thereafter. 01434266 1 Location Map IN 59 1 -- c-, R J� ") I AGREEMENTF'011 PURCHASE AND SALE OF REAL PROPERTY THIS AGREIFIMLN]"' is made and entered into as of this it -!�. day of February, 2021 ("Agreement") by and between the City of Boynton Beach, a Flot-ida municipal corporation, whose post office address is 100 E'. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "PUR(.JiASF�'R") and Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes whose post office address is 100 F. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as "Sil"I'LER") W IT N E' S S E I'll In consideration of Ten Dollars ($ 10.00) and the mutual agreeryients herein and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms When used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Prooerty. That certain property located at 1010 S. Federal Highway, fioyntori 1-3each, Flonda, (the "Property) which Property is more particularly described With the legal clescription in Exhibit "A," attached hereto and made as part hereof. L2 Closin The delivery cif' QuiItclaim Deed to PURCHASER concurrently --- ......... . g, with the delivery of the purchase price to SELLER. 13 C I o s jpj _Qate. The ('losing Date shall OCCUr on or before fifteen (15) days subsequentto the Inspection Period. �00127(D49 1 W6 -44055C � 1.4 Q.eeldA Quitclaim Deed, acceptable to PURCHASER, which shall convey Page I 60 the property from SEILLIT to PURCHASER. L5 Effective Date. The E`ffective Date of this Agreement shall be the date upon its execution by both the SELLER and PURCHASE,"R. 1.6 SLI"LILI'R'S Address. Sellers' mailing address is 100 E. Ocean Avenue, Boynton Beach, Fl. 33435. L7 PURCHASER'S Address. Purchaser's mailing address is 100 E. Ocean Avenue, Boynton Beach, H.. 33435, with copy to Goren, Cherof" Doody & Ezrol, P.A., Attn: James A. Cherof, L'Sq., at 3099 East Commercial Boulevard, Suite 200, Foil Lauderdale, I'lorida 33308, 1.8 Other Definitions. The terms defined in any part. of` this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deerned to refer to the plural and the plural to the Singular, and Pronouns of each gender shall be deetned to comprehend either or both of' the other genders. As used in this Agreement, the terryis "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of' this Agreement, the SELLER hereby agrees to sell to PURCHASE'R, and PURCHASER hereby agrees to purchase froin SE'LLER, the property previously identified on ExIjibit "A" for the total Purchase Price of Ten and 00/100 ($10M) Dollars and upon and subject to the terms and conditions hereinafter set forth. II "File Pin -Chase includes: (a) All buildings and improvements located on the Property; (b) All right-of-ways, alleys, waters, privileges, easements and appurtenances which are oil or benefit all the Property; � 00,127049 t 306 9(K654 f � Page 2 61 (c) All right, title and interest, if any, of SELLER in any Property lying In the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. 1"'he sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of` SELLER and (2) f()r any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCIIASER at closing, or thereafter on demand, proper instruments f'or the conveyance of title and file assignment and collection of award and damages; (d) All fixtures and articles of personal property remaining on the Property at the time ot'closing. SEI..I-,,I",R represents that such fixtures and articles are paid for and are owned by SE'LLEIR free and clear ol'any hen or encumbrance. (e) To the extent transferable, all licenses, permits, contracts and leases, if .Applicable, with respect to the property. 3. INSPECTIONS. PURCI JASER ,hall have fifteen (15) days commencing on the Effective Date to perform inspections of, the property as the PURCHASER deems necessary ("Inspection Period"), During I the Inspection Period, PURCHASE."R shall, at PURCHASER'S sole cost and expense, determine that utility Services including, water, waste water, electric, telephone and all other utilities are , av,able in 11, 1 a the proper size and capacity to serve the existing facilities and installed nstalled to the property lines. At all tunes during the Inspection period, PURCHASER and PLJRCllASFR'S agents shall be provided with reasonable access (hiring normal business hours to the Property for purposes of oil -site inspection, upon reasonable prior Notice to SEI..,Ll__,R The scope of' the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the 100427049 1 3EWP)905W 'r Page 3 circumstances. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the, Property during this Inspection Period prove unsatisfactory in any fashion, the PURCHASER, at PURCHASIEWS sole discretion, shall be entitled to terminate this Agreement prior to the end of the fifteen (15) day Inspection Period an(] PURCHASER also agrees to indemnify and hold SEI...,L,FR harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER during iuSPCCtiO1)S that are done pursuant hereto. 4. SEL.LER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SF.111.R'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the CIOSIng unless SL.LLE"R receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4,1 At all tirnes from the Effective Date until prior to Closing, SETLER. shall keep the Property (whether before or after the (late of Closing) free and clear of any mechanic's or inaterialmen's liens for work or materials furnished to or contracted for, by or on behalf'of SELLER prior to the CIl(.)sing, and SELI-ER shall inderrinify, defend and hold PURCHASUIR harmless frorn and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 4.2 SF.LLEIR has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which Nvould affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, Page 4 63 occupancy or value of the Property or any part thereof or which would otherwise relate to the 4.3 SEILER has full power and authority to enter into this Agreen'ient and to aSSUn-ie and perforin SIHTLEWS obligations hereunder in this Agreement. SE.LLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a, default ander, or result in the creation or imposition of any hen, charge, or encumbrance upon any of the Property or assets of the SELLL,,'R by reason of the terms of any contract, triortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SHILER or which affects the SELLER� no action by any federal, state or rnunicipal or other governi-riental departi-nent, CRA, board, bureau or instrumentality is accessary to make this Agreei-nent a valid instrument binding upon the SELLER in accordance with its terms, 4.4 SE'LLER represents that SE'LLEIR will not, between the date of this Agreement and the Closing, without PURCHASIT'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of I)LISitleSS, create by SELLIR'S consent arty encumbrances on the property. For purposes of this provision the terin "CrICUrnbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights -of' -way, leases, easements, covenants, conditions or restrictions. 4.5 SEILER represents thatthere are i'm parties other than SELLER in possession of the property or any portion of the Property as a lessee. 4.6 SEI-LL.'R shall not list or of"I'er the Property for sale or solicit or negotiate OfTeTS to purchase the Property while this Agreement is in effect. SELLUT, shall use SELLER'S best efforts to maintain the Property in its present, condition so as to ensure that it shall remain 00427049 1 306 VK�S54[ f Page 5 64 substantially in the same condition from the conclusion of the Inspection Period to the Closing Date. 4.7 'l'o the best of SELLIER's knowledge, Hazardous Materials (as defined below) are not present at, in, on or tinder the Property, any Site, or any part thereof The Seller has not received any notice of or information reflecting any violation of F.rivironmental Laws (as defined below) related to the property or any Site (or any portion thereof) or the presence or release of" Hazardous Materials on or frorn the Property or any Site (or any portion thereof). No clean up, investigation, remediation, administrative order, consent order, agreement or settlement is in existence with respect to the property or any Site, to the knowledge of SELLI"R, is any such investigation, remediation, administrative order, consent order, agreement or settlement threatened, planned or anticipated. The SELLER has not engaged in or permitted any release, spill, generation, disposal, storage, or handling of' any Hazardous Materials on the Property, any Site, or any part thereof There are no underground storage tanks located on, in, or under the Property or any Site. 'Flee term "L,"nvironryiental Law or Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 US.C. 9601, et. secl.), the Hazardous Materials Transportation Act, as amended (49 U.S.C, Appendix 1801, et. seq.), the Resource Conservation and Recovery Act, as amended (42 U.S,C. 9601, et. seq.), and the Toxic Substances Control Act, as amended (15 U.S.C. 2601, et. secl.) an(] all other federal laws and regulations governing the environment, including laws relating to petroleum and petroleum products, together With then" linplernenting guidelines, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws arid regulations recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any Substance, material, waste, pollutant or containinant listed or defined as 1(KAY?049 1 W6 100554u Page 6 65 hazardous or toxic under any EnvirOuruCutal LaW, including Without limitation, flarni-nable, explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste, radioactive waste, rnold, petroleurn and petroleurn products or constituents, methane and any other toxic or hazardous material. SLILLER will give immediate oral and written notice to PURCIJASER of SEI-LER's receipt of any written notice involving a violation threat of violation or suspected violation of any E"rivironmental Law. Seller has no knowledge of any tenant or occupant at the Propertywho is storing any Hazardous Materials at the Property or any Site, 1 5.1 'Fitle,.,to the SELA.LR shall convey to PURCHASER at, Closing, by I delivery of a Quitclairn Deed, title to the subject Property. PURCHASER shall, within the Inspection Period, secure a Title Search Report c -I -sic) issued by a title insurance underwriter approved and selected by PUR(j 1ASER the encumbrances on the Property. The costs and expenses relative to theTSR shall be borne by the PURCHASER. PURCIJASER shall have five (5) days from the date of receiving; TSR to examine same, If" URCHASER objects to any exception to title as shown in the TSR PURCHASER, prior to the expiration of the Inspection Period, shall notify SELLER in writing specifying the specific exception(s) to which it obJects. Any objection(s) of' which PURCHASER has so notified SELLE'R, and which SL"LLER chooses to cure, shall be cured by Sl.�11.1.,ER so as to enable the removal of said objections) From the TSR within ten (10) days after PURCUASER has provided notice to SLA.A.-L'R. Within five (5) days after the expiration of St"I.L.FR'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either I ) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If' SELLER shall be 10042 7049 1 3iY, 9907i4 t } Page 7 66 unable or unwilling to cure all objections within the firne period set forth ill file preceding sentence, then PURCHASER may (a) terniinate this Agreement by written notice to the SEI.,,I,,.ER within live (5) days after receipt of a cure notice specifying all uncured objection, in which event all instruments shall be immediately returned to PURCHASER; or (b) accept such title as Seller is able to convey with a rCdUCtiOl) or abatement of the Purchase Ili -ice. 6. PURCIIASLR'S REPRESENTATIONS. PLJRCHASEI�R hereby represents all(] warrants to the best. of PURCHASER'S knowledge that all of the following are true and correct: (a) PURCHASER has full power and rurthonty to enter into this Agreement and to assume and perform all ofits obligations hereunder, (b) The execution and delivery of this Agreement and the cons urn mation of the transaction contemplated hereunder on the part ofthe PURCHASER do not and will not violate the corporate; or organizational documents of R.IRCHASEIR and will not conflict with or result in the breach of any condition or provision, Or constitute a detault under, or result in the creation or imposition of any lien, charge or elICUrnbrance upon any of the terms of any contract, mortgage, lien, lease, agreernent, indenture, instrument or judgment to which the PU RCHAS El' R is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau, or instrumentality is necessary to make this Ageernent a valid instrument binding upon PURCHASER in accordance with its terms and conditions. All of the representations, warranties all(] covenants of PURCHASER contained in this Agreement or in any other document, delivered to SE'LLI"R in connection with the transaction {l1(210441 106 VA 5 5M1 1 � 67 contemplated herein shall be true and correct in all material respects and not in default at the tirne of' Closing, j List. as though they were made at such turre. 7. CONDITIONS PRECEDENTTO CLOSING. Each otthe following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCTIASER'S obligation to close this transaction: (a) That the PURCHASI,"R has riot notified the SELLER that it has dee reed the property to be unsuitable for its intended purpose as a result of.' the Investigations conducted on the Property during the Inspection Period. (b) SELLER has perl'6ruied all covenants, agreements and obligations, and complied with all conditions required by this Agreement to convey clear and marketable title of the Property to PLTCHASER, prior to closing. (c) Approval of this Agreement by the Boynton Beach Clity Commission. 8. RISK OF LOSS. Risk of` loss or damage from fire, other casualty, or both, is assumed by SFILLE'R until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event, any portion of the Property is destroyed, rendered Unleascable or dysfunctional by fire or other casualty then the following shall apply: (a) If"the damage, as determined by the insurance adjuster, is not more than Ten Thousand and 00/100 Dollars (S10,000,00): (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (d) SI'LLER shall assign to PU RCHASIER on the (late of Closing the ftill arriount ol' any proceeds payable under SELLER'S fire and extended Page 9 m coverage insurance policy applicable to said damage; (h) It' the damage, as determined 1)), the insurance adjuster, is more than Ten ThOLIsand and 00/ 100 Dollars ($ 10,000.00) DOLLARS, PURCI IASER shall have the option to complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by SLICII casualty loss, in which case SELLI"R, shall pay to PURCHASER on the date of' Closing the filil amount of any deductible Linder SELI-ER'S tire and extended coverage insurance policy. SELL.E.R warrants that it shall maintain until the date of'the ("losing adequate "All Risk" property insurance; and: (c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power ot'eminent domain or becomes the sul-.)ject of a notice of condemnation, prior to Closing, PURCHASL.R may elect to terminate this Agreement and neither party shall have any further claim against the other, or PURCIIASFR may elect to complete settlement hereunder, in which event SEl..,I.ER shall assign to PURCHASER all of SE.1-LER'S right, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjUstirient to the Purchase Price. 9. ("LOSING DOCUMENTS. At closing, SELI.L"R shall deliver to P(JRCflASFIR a Quitclaim Deed, Bill of Sale, if applicable, No Llcri/Gap Aflidavit, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form and any other documents reasonably requested by either 00427044 I YW,,1005')A 1 Y page 10 M. Party or the closing agent. 10. CLOSING COSTS, TAXES AND PRORATIONS. 10. 1 Seller's C I losingqsL �. - following iterns prior to or at -(�' SELLER shall pay for the the time of closing: a) C ost and expense related to providing marketable title as provided herein, 10.2 Purchaser's Cl Costs. PURCHASER shall pay for the following items prior to or at the time of (.'losing: a) Recording fees ofthe Quitclaim Deed; b) Costs associated with obtaining the rSR. III. ('LOSING DATE AND 1"LACE. The ( ,I losing will take place on, or before the expiration of fifteen (15) days subsequent to the Inspection Period at the law offices ot'Goren, Cherof, Doody be Ezrol, RA located at 3099 E. Commercial Blvd., Sulte 200, Fort Lauderdale, FL 3330K 12. DEFAULT. In the event of default by either party,, the rion-defaulting party shall have the election of the following remedies, including equitable relief to enforce the terryis and conditions, of this Agreement either through a decree for specific Performance or injunctive relief' 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement is contingent Upon the following: (a) That the PL) CHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. (la) The conveyance of clear and marketable title to the property. (c)'The Boynton Beach City Commission authorizes the transaction. Page I I 70 14. ENFORCEABlu'ry. If' any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If' any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, SUCII illegality or Unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective ifsent to the following places - I PURCHASER: City ity of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Attn: Lori Laverriere, City Manager With Copy to: James A. Cherof, Esq. GOREN, CIIEROF, DOODY & FZROL, P.A. 3099 East (""ornmercial Boulevard, #200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 1`ax: (954) 771-4923 SELLE'R: Boynton Beach Cornmunity Redevelopment Agency 100 E. Ocean A vcn tie 1004? /049 [ R�6-9')WIS4 I � Boynton Beach, Florida 33435 Page 12 71 Attn: Michael Simon, Executive Director With Copy to: Tara Dully, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 16. GOVERNING LAW. This Agreernent shall be governed by the laws of the State of Florida, Venue shall be in the F'cdcral or State Courts in Palm Beach County, Florida. ssig 1. an this Agreement without the 17. ASSIGNABILJTN PURCHASE'R may not consent ot'SETTER. 18. ENTI RE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses then- full agreement. 19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and execute(.] by both SELLER and PURCIIASER. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of'SELLER and PURCHASER. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each ol'which shall be taken Page 13 72 to be an original and all collectively (teemed one instrnment. The parties hereto agree that a f1icsinule copy hereof and any signatures hereon shall be considered for all purposes as originals. 22. LITIGATION C'0STS: In connection with any litigation arising out of this Agrectrient, the prevailing party shall be entitled to recover from the non -prevailing party all costs and expenses HICUrred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings, 23. RADON GAS: RADON GAS: Radon is a naturally occiii-ring radioactive gas that, when it has accLimulated in a building in sufficient qUalunICS, inay present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from, your county health department. JTHEI REMAINDER OF THIS PAGE IS LEI "I" BLANK INTENTIONALLY] i0042700 1 W6-10054 C I 73 IN WITNESS WHEREOF, the pailies have executed this Agreement as of the dates indicated above: j N 42 70 411 1 3 06- SKK P5 54 1 } PURCHASER: City of Boynton Beach, a Florida municipal corporation By: Steven B "Y Signed oil: SELLER: Boynton Beach Community Redevelopment Agency By: Steven B. Grant, Chair 0 ( Si gned on:.. Page 15 74 LEGAL DESCRIPTION l..,ots 4, 5, 6 and 7, PAIZKUA ES'FA'1J',, according to the plat thereof, as recorded in Plat Book 10, Page 37, cit' the Public Records ot'Palm Beach COL111ty, Florida-, LE'SS the West 35 f'eet thereoffor road right of way. FOLIO NO: 08-43-45-28-24-000-0040 00427(Al) 1 106 440�,W r Page 16 75 U RESOLUTION NO. R21-047 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENTBETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPM ENTAGENCY FOR THE DESIGN 7 COSTS FOR CONSTRU(I'TION IMPROVEMENTS TO 'THE 8 HISTORIC WOMEN'S CLUB OF BOYNTON BEACH; AND 9 PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, on May 11, 2021 the Boynton Beach CRA approved the Interlocal 11 Agreement between the City of Boynton Beach and the CRA to assist with the desil„n costs of 12 the construction improvernents including design of a signalized pedestrian crossing on Federal 13 l-lighway, restroorn renovations, and upgrades to existing balconies and doors; and 14 WHEREAS, these upgrades will allow the City to expand its cultural, educational and 15 recreation programming, as well as expand the type and scope of rental facilities for public use, 16 attracting new events and exhibits and increasing Facility rental revenues; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deerns it to be in the best interests of the City residents to approve and 19 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency for the design costs for construction improvements to the Historic 21 Women's Club ofBoynton Beach. 22 NOW, 'IT [ERE FORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, "I 24 Section 1. Each Whereas clause set forth above is true and correct and incoij)orated 25 herein by this relerenee. S� CA RESO' Agreements 11 A With CRA For ffW('BB Improvements - Remd)ocx 76 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the Mayor to sign the Interlocal Agreement between the City ot'Boynton 28 Beach and the Boynton Beach Community Redevelopment Agency for the design costs for 29 Construction iniprovernents to the Historic Women's Club of Boynton Beach, a copy of said 30 Interlocal Agreement is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 18th day of May, 2021. 33 CITY OFBOYN"I"ON BEACH, FLORIDA 34 35 36 37 Mayor Steven B. Grant 38 39 Vice Mayor .-- Woodrow L. 1 --lay 40 41 Commissioner —Justin Katz 42 43 Cornmissionei . ..... Christina L. Romelus 44 45 Commissioner Ty Penserga 46 47 48 ATTEST: 49 50 51 52 stal Gibson, MMC 53 City Clerk 54 55 56 (Corvoratc Sea]) S:',CARES0\Agreemoits,ILA With ('"'RA For IIWCBB Improvements - Resol)ocx YES NO 77 WMI oil LAP ! k1i 1 1! 1 -F LIMM 1, 11 1� 11 IIQ collectively, the "Parties"). WITNESSETH: W 1 NO W N I M. M, tkns =- Morn M -O a a M 3 1 ! M 3 a the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and 11471 M-1 � JR�� M= MKMEM� 2MAT-TOWN ".4 4 1 LTAT III I I TIDE OMI 111 1191111% 11 111111111 1 111 1 1 Ill Ig1111I �Iq!1111!11111�1111.1111111 PI , F rl� I I I I p7C, operations and maintenance costs (hereinafter referred to as "the Project"); and y. M =11 MIT= 0148709W I IS 78 'W"HEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and lqi 11111 iqll: 111�liii�11111 111111111p� MEMMEEM I. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Eighty - Seven Thousand and 00/100 Dollars ($87,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are for professional design services directly related to the Project, are consistent with the requirements of Florida Statutes, are consistent with the Plan, and are in compliance with the requirements of this Agreement, Design expenses associated with providing access to the Property may be considered part of the Project and are eligible exp.nses, CITY overhead, CITY administrative costs, and payment to CITY employees are not eligible expenses, b. The CRA's, obligation to provide funding to the City is contingent upon the inclusion of the fundin&inA�he,—CRA.,,-.qp-�Lmy-M-U]ILtdgeJ flcffie— be disbursed. complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITV. a, The CITY shall ensure funds provided by the CRA are not used for any purposes 1111111 '�Ipi�il 1� 1111111 Rli a �l i I I lli�pli�111 IN I 1311111ii 1111'1 �!1�111 1111p�l�illp designer(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. 0107091.2 2 79 d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: i. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; ii. Forty-five (45) days before the end of the CRA's fiscal year; and iii. Forty-five (45) days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; and iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. c. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety (90) days after any payment for the design services, the CITY will no longer be eligible to receive reimbursement for that payment. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 01487081.2 3 80 trVTVtk.Qiitmf 0 vi�"".MRPM Rni 11 bat =m ,,, n 1, J e!•tip. �1 n forty-five (45) days before the end of the CR.A's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits, the CITY shall only be eligible for the nortion of the Reimbursement Reauest. if anv. that the CRA deeTics c*,ttrilete wtid elitrible. I ne UAA wM nol reimDurse Me ul I I Yor any portion oT Me request ine MMIK aFems me igible tor reimbursement. 5. Limits of CRA Obfigations for the Project, The Parties agree that the CRA shall only be responsible for provid n reimbursement to the CITY for eli not otherwise be res onsible for effectuatin the Pro'ect or otherwise assistin withtheHWCBB. a 0141 &W MaIROKOUIMUM") 014) #1W1J#FSUArUff9Mj -7=11MM'sis —M.H. MIT. ITFUMM snail Me MA 67 requirea to reimt)urse Me M I I Yor 07y unnmeiy reques , or requests after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to tenninate this Agreement in accordance with other provisions in this Agreement. 01"7091-2 4 81 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01 (11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third -Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all Statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01487081-2 82 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and entorced-iw-�,�-tce with, the In of America, without regard to conflict of laws principles. Any and all legal actions necessary to Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit, 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery Party for whom it is intended at the place last specified; and the place for giving of notice shall 11 i paragraph. For the present, the Parties designate the following as the respective places for giving of notice: W497091-2 a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4'h Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 M a 83 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts, and Transmission. To facilitate execution, this Agreement may be e_X1_-'_QAtd4 «. «, an original, but all of which together shall constitute one and the same instrument. The executed signature Lca e�sj, from each ori',Ninal mao boine,,Z it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, tennination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the r!,erformance of the provisions in this Agreement. 01497081-2 [Signatures on following page.] h 84 IN WITNESS WMREOF, the CITY and the CRA hereto have executed this Anent as of the later of the dates set forth below. Office of the CITY Attorney to Form: of the CRA Attorney OtOWI-2 Date: (SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY A x By� Steven B. Grant, Chair 85 6.0 Consent Agenda 02/6/2024 Proposed Resolution No. R24-022- Approve the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWA18D009G, in lieu of using the previously approved funding for the fire boat from ARPA funds. Proposed Resolution No. R24-023- Approve request of the Fire Department for remaining ARPA funds to be utilized towards the purchase of one of the two fire rescue trucks that are slated to be purchased in the current fiscal year. Requested Action: Approve Proposed Resolution No. R24-022 and Resolution No. R24-023. Explanation of Request: On September 5, 2023, the City Commission approved use of ARPA funds in the amount of $400,000 to purchase a fire rescue boat. Due to ongoing supply chain issues and the additional federal procurement requirements for utilizing ARPA funds, it is expected to take 36 months to receive the fire boat, which will exceed the deadline the City has to expend the ARPA funds. Therefore, approval is being requested to reallocate the ARPA funds previously approved for the fire rescue boat to purchase a fire rescue truck (ambulance) that is budgeted in the fleet fund. The cost of the fire rescue truck is $498,000. $400,000 will be utilized from ARPA funding and the remaining balance will be paid out of the fleet pre -fund account. The fire rescue boat will be purchased utilizing the remaining budgeted funds in the fleet pre -fund account. By utilizing fleet funds to order the boat now, the lead time will be 12-14 months instead of the 36+ months it will take due to the federal procurement requirements. This is primarily due to a shortage of fire pumps, a major component of any fire rescue vessel. To begin the vessel's manufacturing process, a 40% down payment is required. The boat will be purchased using existing budget year fleet funding utilizing a piggyback to GSA contract #47QSWA18D009G, the initial contract period of the multi -award General Services Administration federal supply service was September 10, 2018, to September 9, 2023, and renewed through September 9, 2028. How will this affect city programs or services? This new Fire Rescue boat will enhance the response capabilities of the Boynton Beach Fire Rescue Department while increasing the safety of fire rescue personnel who must respond to these types of emergency calls by providing a safe platform to initiate fire and rescue operations on the water while reducing response times. 86 Fiscal Impact: The Fire Boat will be purchased with already budgeted fleet pre -funding utilizing an approved piggyback of GSA contract #47QSWA18D009G, this purchase follows procurement procedures. The Fire Rescue truck (ambulance) will be purchased using the City's ARPA Funding and will not impact the Fire Department's budget. This purchase will follow the City's and ARPA's funding requirements. Attachments: R24-022 Approving_Purchase_of_Fire_Rescue_Boat_fleet_funding_-Reso.docx R24-023 Approving_Purchase_of_ Fire _Rescue_Truck_using_ARPA_funding_-_Reso.docx Silver_ Ships_Quote_2506_-_2023.12.20. pdf 47QSWA18DO09G - Contract Clauses.pdf August_15_2023_Approval. pdf GSA Contract 47QSWA18D009G_SILVERSHIPS_Terms_and_Conditions.pdf 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R24-022 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE USE OF FIRE DEPARTMENT FLEET FUNDING FOR THE PURCHASE OF A NEW FIRE RESCUE BOAT IN THE AMOUNT OF $404,833.64, UTILIZING THE GSA (U.S. GENERAL SERVICES ADMINISTRATION) CONTRACT 47QSWA18D009G, IN LIEU OF USING THE PREVIOUSLY APPROVED FUNDING FOR THE FIRE BOAT FROM ARPA FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as a part of the Boynton Beach Fire Rescue Marine Operations and Boating Safety Initiative, a new Fire Rescue vessel will be purchased using existing budget year fleet funding utilizing a piggyback to GSA contract #47QSWA18D009G; and WHEREAS, this item was initially approved for purchase with ARPA funding; however, it was not known that the fire boat industry is still being majorly affected by supply chain issues and the ARPA usage requirement for funding would add 4 to 5 months to the purchasing process before the boat could be ordered, which would add 12-18 months to the delivery time frame making an overall delivery time 36+ months; and WHEREAS, this purchase follows procurement procedures and is being made through GSA Contract Number 47QSWA18D009G, having a federal supply service initial contract period of September 10, 2018, to September 9, 2023, and renewed through September 9, 2028; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWAl8D009G, in lieu of using the previously approved funding for the fire boat from ARPA funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40A4C93\@BCL@B40A4C93.docx M. 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 hereof. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Section 2. The City Commission hereby approves and authorizes the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWA18D009G, in lieu of using the previously approved funding for the fire boat from ARPA funds. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of February 2024. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL cr B40A4C93\@BCLC&B40A4C93.docx 89 RESOLUTION NO. R24-023 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE REQUEST OF THE FIRE 6 DEPARTMENT FOR THE REMAINING ARPA FUNDS TO BE UTILIZED 7 TOWARDS THE PURCHASE OF ONE OF THE TWO FIRE RESCUE TRUCKS 8 THAT ARE SLATED TO BE PURCHASED IN THE CURRENT FISCAL YEAR, 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's Fire Department is scheduled to purchase two fire rescue trucks 13 during the current fiscal year; and 14 WHEREAS, the Fire Rescue truck (ambulance) will be purchased in the amount of 15 $498,000.00 using the City's ARPA Funding in the amount of $400,000.00, and the remaining 16 balance will be paid out of the fleet pre -fund account and will not impact the Fire 17 Department's budget; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to approve 20 and authorize the request of the fire department for remaining ARPA funds to be utilized 21 towards the purchase of one of the two fire rescue trucks that are slated to be purchased in 22 the current fiscal year. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby approves and authorizes the Fire C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOA5986\0BCLCtvAC0A5986.docx 90 29 Department's request for remaining ARPA funds, in the amount of $400,000.00, to be utilized 30 towards the purchase of one of the two fire rescue trucks slated to be purchased in the current 31 fiscal year. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this 6th day of February 2024. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 Maylee De Jesus, MPA, MMC 52 City Clerk 53 54 55 (Corporate Seal) 56 57 58 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOA5986\0BCLCtvAC0A5986.docx 91 Salesperson: David Hunt f Quote Number 2506 Email: dhunt@silverships.com SILVER HIPS Phone Office: (251) 459-8320 Quote Date 12/20/23 Phone Cell: (251) 472-7290I�,Ar Quote Expires 01/19/24 Customer: Boynton Beach Fire Rescue„ ,; GSA Contract Number: email: Friedberg, David <FriedbergD@bbfl.us> 47QSWA18D009G Base Boat GSA F28EC Freedom 28 Enclosed Center Console $ 171,760.00 1 $ 171,760.00 Propulsion Engines GSA ERC-1300003; 300XXL SeaPro DTS 30, DTS $ 22,278.00 1 $ 22,278.00 GSA ERC-1300003 300CXXL SeaPro DTS 30, DTS $ 22,680.00 1 $ 22,680.00 Propulsion Installation GSA PMER02 Twin Outboard Engine Rigging Kit and Installation, Mercury $ 22,515.00 1 $ 22,515.00 GSA PST001 Upgrade to Power Assist Steering (Included w/ Triple installation and AMS) $ 3,420.00 1 $ 3,420.00 Hull Options GSA H00034 Heavy Duty Engine Guard with Stokes Storage $ 2,869.00 1 $ 2,869.00 GSA H00042 Heavy Duty Tow Post, Medium $ 1,216.00 1 $ 1,216.00 Open Mkt H00082 Zipwake 4505 Dynamic Trim Control System (X32) $ 5,681.00 1 $ 5,681.00 GSA H00024 Dive Door - Hinged $ 2,280.00 2 $ 4,560.00 Console and Seating Options GSA CAS006 Upgrade for CAS004 to Lockable Storage for Helm Seatbox $ 1,045.00 1 $ 1,045.00 GSA CAS009 Large Console Storage box for Fire and Marine Assist $ 3,040.00 1 $ 3,040.00 GSA CAS008 Console storage / seat box without cushion $ 1,045.00 1 $ 1,045.00 GSA CA5010 Hardtop Pillars $ 475.00 1 $ 475.00 GSA CAS014 Roof Mounted Radar/Lightbar Arch $ 760.00 1 $ 760.00 Electrical Systems DC GSA EDC003 Courtesy Light Package - 4 Hella Round (Black Housing / Red Light) $ 551.00 2 $ 1,102.00 GSA EDC009 Flood Light - Lumitec Capreral-T 1000 Lumens $ 399.00 4 $ 1,596.00 GSA EDCO20 Under Water Light - Lumitec SeaBlaze Mini Spectrum $ 798.00 3 $ 2,394.00 GSA EDCO22 Mini Lightbar Package - Whelen Mini Freedom LED Lightbar and Two Whelen ION Series Lighthi $ 3,230.00 2 $ 6,460.00 GSA EDC041 Siren Hailer Package - Whelen BETAMIC, Amp and Speaker $ 1,805.00 2 $ 3,610.00 GSA EDC000 Dome Light Red/White - Hella Eurol-ED $ 399.00 1 $ 399.00 Electrical Systems AC GSA EAC000 30A Shore Power System, for boat without Generator $ 2,774.00 1 $ 2,774.00 GSA EAC031 Two Bank Battery Charger 36A $ 1,045.00 2 $ 2,090.00 Communications and Navigation 0 0 Installation of Customer Furnished Equipment $ - $ - GSA CAN002 Installation of CFE - UHF/VHF/AIS $ 1,102.00 1 $ 1,102.00 0 0 Simrad Navigation Systems $ - $ - GSA CAN175 Simrad N5512 evo3s Combo MFD w/ transom mount transducer $ 6,517.00 1 $ 6,517.00 GSA CAN178 Simrad NSS12 evo3s Combo MFD (second display) $ 4,313.00 1 $ 4,313.00 GSA CAN196 Simrad Add on Thru-Hull (Depth/Speed only) $ 874.00 1 $ 874.00 GSA CAN205 Simrad HALO4 Open Array Radar $ 10,621.00 1 $ 10,621.00 GSA CAN163 Simrad RS40 VHF AIS-RX $ 2,394.00 1 $ 2,394.00 GSA CAN160 Simrad RS20S VHF With DSC $ 1,729.00 1 $ 1,729.00 GSA CAN240 FLIR M332 Thermal Camera System - 30 Hz $ 7,652.64 1 $ 7,652.64 GSA CAN250 FLIR - Joystick Control and POE Injector Kit Upgrade $ 2,831.00 1 $ 2,831.00 Safety and Outfit Packages GSA SAF001 Mooring and Anchor Package 28 -32 $ 741.00 1 $ 741.00 GSA SAF005 Safety Gear 27ft to 40ft $ 798.00 1 $ 798.00 GSA SAF017 Stainless Telescoping Boarding Ladder (4-Step) $ 665.00 1 $ 665.00 GSA SAF035 Fabricated Open Rung Dive Ladder $ 1,330.00 1 $ 1,330.00 Fire Systems and Accessories GSA FS0575 Darley HE 64 Pump System 575GPM @ 100PSI (skid mount) $ 65,360.00 1 $ 65,360.00 GSA FS0571 Darley HE 64 Electric Primer Upgrade $ 3,040.00 1 $ 3,040.00 GSA FSVM02 TFT Manual Valve Under Monitor, Flange / Flange $ 2,394.00 1 $ 2,394.00 GSA FSVM05 VUM Outlet Option 2.5 in. NH Hydrant Valve $ 1,007.00 1 $ 1,007.00 www.silverships.com 1 of 2 92 GSA FSVM06 VUM Outlet Option Pressure Relief Valve GSA FSVM08 TFT Tornado Manual Monitor 2.5 in. Discharge - up to 500 GPM GSA FSVM17 Nozzle - Stream Shaper 2.5 in. GSA FSVM19 Nozzle - Quad Stacked Tips 2.5 in. F $ 13,884.00 Additional Options Open Mkt A01 SeaKeeper Ride Trailer 1 $ 4,200.00 Delivery Open Mkt DEL011 Permit Load up to 12'- 501-750 miles Delivery is TBD days after completion of design phase and customer approval of the final design 2. Quote is for Delivery to Customer Location by Silver Ships, Inc $ 608.00 1 $ 608.00 $ 1,900.00 1 $ 1,900.00 $ 266.00 1 $ 266.00 $ 722.00 1 $ 722.00 $ 13,884.00 $ - $ 4,200.00 1 $ 4,200.00 3. Payment Terms are: 40% down payment with Order due before start of Design phase; 40% progress payment due upon completion of Metal Fabrication (net 15 days), final payment for remainder (plus any contract additions) due upon receipt of vessel. Non-payment of any progress payment will result in the stop of work, and therefore the delay of the delivery date. 4. Manufacturers Statement of Origin (MSO) for Boat (and trailer, if applicable) will be issued upon receipt of Final Payment. Exceptions to this Policy may be subject to additional processing fees. 5. Vendor Parts Numbers, Model Descriptions, Specifications and Availability are subject to change. Silver Ships, Inc. reserves the right to substitute equipment with components of equal quality or value. 6. This quotation does not contain Sales Tax, Value Added Tax, Tariffs, Fees, and/or other Government charges that Silver Ships, Inc. may be required to Collect and Remit to your Locality. Such Charges will be in Addition to the Total Provided on this Quotation. Any such charges shall be identified at the time of the Sale and Added to the Invoice if so Required. www.silverships.com 2 of 2 93 Contract Clause Document for Solicitation Number: 47QSMD20R0001 Refresh Number: 1 Contract Number: 47 SWA18 D 009G Created on December 6, 2023 94 TABLE OF CONTENTS Contract Clauses 52.203-3 - GRATUITIES (APR 1984)......................................................................................................... 1 52.222-1 -NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) ................................1 52.222-3 - CONVICT LABOR (JUN 2003)................................................................................................. 1 52.224-1 - PRIVACYACT NOTIFICATION (APR 1984)........................................................................... 2 52.224-2 - PRIVACYACT (APR 1984)....................................................................................................... 2 52.228-5 - INSURANCE - WORK ONA GOVERNMENT INSTALLATION (JAN 1997) .......................... 3 52.229-1 - STATE AND LOCAL TAXES (APR 1984)................................................................................. 3 52.232-37 - MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) ....................................................... 3 52.233-3 - PROTEST AFTER AWARD (AUG 1996).................................................................................. 3 52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) ............................. 4 52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)............................................................................................................................................................ 4 52.237-3 - CONTINUITY OF SERVICES (JAN 1991)................................................................................4 52.239-1 - PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)........................................................... 5 52.242-13 - BANKR UPTCY (JUL 1995)..................................................................................................... 5 52.242-15 - STOP -WORK ORDER (AUG 1989)........................................................................................ 5 52.247-32 - F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006)................................................................ 6 52.247-34 - F.O.B. DESTINATION (NOV 1991)........................................................................................ 8 52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2 006) ................................... 8 52.247-39 - F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984) ................................. 9 52.247-65 - F.O.B. ORIGIN, PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS (JAN 1991)....... 9 52.247-68 - REPORT OF SHIPMENT (REPSHIP) (FEB 2006).............................................................. 10 552.203-71 - RESTRICTION ONADVERTISING (SEP 1999)................................................................ 10 552.211-73 - MARKING (FEB 1996)........................................................................................................11 552.211-75 - PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003)..........................................................................................................................................................11 552.211-77 - PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003) ................................................11 552.223-70 - HAZARDOUS SUBSTANCES (LIAY 1989).........................................................................11 552.223-71 - NONCONFORMING HAZARDOUS MATERIALS (SEP 1999) ......................................... 12 552.229-70 - FEDERAL, STATE, AND LOCAL TAXES (APR 1984).......................................................12 552.229-71 - FEDERAL EXCISE TAX - C GOVERNMENT (SEP 1999) .................................................12 552.232-23 - ASSIGNMENT OF CLAIMS (SEP 1999)............................................................................ 12 52.223-7 - NOTICE OF RADIOACTIVE MATERIALS (JAN 1997).........................................................13 52.252-2 - CLA USES INCORPORA TED BYREFERENCE (FEB 1998) .................................................13 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999)..................................................................... 16 52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I - FEB 2007)..........................................................................................................................................................16 52.246-4 - INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) (DEVIATIONI - MAY 2003).. 17 552.216-70 - ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I- SEP 1999).......................................................................... 17 52.223-9 - ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA -DESIGNATED ITEMS (MAY 2008).................................................................................................18 552.246-78 - INSPECTION AT DESTINATION (JUL 2009)................................................................... 19 52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ................................19 52.222-40 - NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT(DEC 2010).......................................................................................................................................19 52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011).... 20 52.204-4 - PRINTED OR COPIED DOUBLE -SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)............................................................................................................................................... 21 52.223-5 - POLLUTION PREVENTION AND RIGHT -TO -KNOW INFORMATION (MAY 2011)......... 21 95 52.223-10- WASTE REDUCTIONPROGRAM(MAY2011)................................................................... 22 52.223-18 - ENCO URA GING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING(AUG 2011).............................................................................................................................. 22 52.251-1 - GOVERNMENT SUPPLY SOURCES (APR 2012)................................................................. 23 52.245-9 - USE AND CHARGES (APR 2012).......................................................................................... 23 52.223-2 - AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRA CTS (SEP 2013)...........................................................................................25 52.216-19 - ORDER LIMITATIONS (OCT 1995)..................................................................................... 26 52.208-9 - CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014).......................................................................................................................................................... 27 52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MA Y2014) ..................27 52.222-49 - SERVICE CONTRACT LABOR STANDARDS - PLACE OF PERFORMANCE UNKNOWN (MAY 2014)............................................................................................................................................... 28 52.222-51 - EXEMPTION FROMAPPLICA TION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FDR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT- REQUIREMENTS(M4Y2014).......................................................................................28 52.222-53 - EXEMPTION FR OM A PPLICA TION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES - REQUIREMENTS (MAY 2014) ............. 29 52.227-14 - RIGHTS IN DATA - GENERAL(MAY 2014)........................................................................ 29 52.232-17 -INTEREST (MAY 2014) (DET IATION I - MAY 2003).......................................................... 34 52.232-36 - PAYMENT BY THIRD PARTY (MAY2014) .......................................................................... 34 52.233-1 - DISPUTES (MAY 2014).......................................................................................................... 35 I -FSS -969 - ECONOMIC PRICE ADJUSTMENT -FSS MULTIPLE AWARD SCHEDULE (OCT 2014) 36 52.204-19 - INCORPORATIONBYREFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)............................................................................................................................................... 38 52.222-21 - PROHIBITION OF SEGREGATED FACILITIES (APR 2015) .............................................38 52.222-29 - NOTIFICATION OF VISA DENIAL (APR 2015).................................................................. 39 552.223-73 - PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUSMATERIALS (HAZMAT) FOR SHIPMENTS(JUN2015)................................................39 52.209-10 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)............................................................................................................................................... 40 552.228-5 - G 0 VERAMENT A S A DDITIONA L INSURED (JAN 2016) ..................................................40 52.223-11 - OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)................................................................................................ 41 I -FSS -969 - ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE II - JUL 2016).................................................................................................................... 42 552.216-70 - ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHED ULE CONTRACTS (SEP 1999) (DEV14TIONII- JUL 2016)......................................................................... 43 552.211-89 - NON -MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JUL 2016)44 52.224-3 - PRIVACY TRAINING (JAN 2017)........................................................................................... 45 52.242-5 - PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(JAN2017)................................ 46 52.222-26 - EQUAL OPPORTUNITY (SEP 2016)................................................................................... 47 52.204-15 - SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE -DELIVERY CONTRACTS(JAN 2014)......................................................................................................................... 49 52.222-41 - SERVICE CONTRACT LABOR STANDARDS (AUG 2018) ................................................. 50 52.222-43 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDSa??PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018).......................................................................................................................................................... 56 52.223-17 - AFFIRMATIVE PROCUREMENT OF EPA -DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)..........................................................................................57 52.204-7 - SYSTEM FOR AWARD MANAGEMENT (OCT 2018)........................................................... 57 52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) ............................. 58 52.209-9 - UPDATES OF PUBLICLYA VAILABLE INFORMA TIONREGARDING RESPONSIBILITY MATTERS(OCT 2018)............................................................................................................................. 60 52.232-33 - PAYMENT BYELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT(OCT 2018).................................................................................................................... 61 552.238-105 - DELIVERIES BEYOND THE CONTRACTUAL PERIOD - PLACING OF ORDERS (MAY 2019).......................................................................................................................................................... 62 552.238-107 - TRAFFIC RELEASE (SUPPLIES) (MAY 2019)................................................................ 63 552.238-86 - DELIVER Y SCHED ULE (MAY 2019)................................................................................. 63 96 552.238-89 - DELIVERIES TO THE U.S. POSTAL SERVICE (MAY 2019) ............................................ 63 552.238-90 - CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2019) .......................................... 64 552.238-91 - MARKING AND DOCUMENTATION REQUIREMENTS FOR SHIPPING (MAY 2019). 64 552.238-92 - VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAY 2019) ................................ 64 552.238-93 - ORDER ACKNOWLEDGMENT (MAY 2019)..................................................................... 65 552.238-94 - ACCELERATED DELIVER YREQUIRE-VENTS (MA Y2019) ........................................... 65 552.238-95 - SEPARATE CHARGE FOR PERFORMANCE ORIENTED PACKAGING (POP) (MAY 2019).......................................................................................................................................................... 65 552.238-96 - SEPARATE CHARGE FOR DELIVERY WITHIN CONSIGNEE'S PREMISES (MAY 2019).......................................................................................................................................................... 65 552.238-100 - TRANSSHIPMENTS (MAY 2019)......................................................................................66 552.238-101 - FOREIGN TAXES AND D UTIES (MAY 2019)................................................................. 66 552.238-102 - ENGLISH LA NG UA GE AND U.S. DOLLAR REQUIREMENTS (MA Y2019) ................. 67 552.238-103 - ELECTRONIC COMMERCE (MAY 2019)....................................................................... 67 552.238-104 - DISSEMINATION OF INFORMATION BY CONTRACTOR (MAY 2019) ....................... 68 552.238-106 - INTERPRETATION OF CONTRACT REQUIREMENTS (MAY 2019) ............................ 68 552.238-112 - DEFINITION (FEDERAL S UPPL Y SCHED ULES) - NON-FEDERAL ENTITY (MAY 2019).......................................................................................................................................................... 68 552.238-70 - COVER PAGE FOR WORLDWIDE FEDERAL SUPPLY SCHEDULES (MAY 2019) FOR ALLGEOGRAPHIC AREAS..................................................................................................................... 68 552.238-79 - CANCELLATION (MAY 2019)............................................................................................ 69 552.238-81 - PRICE REDUCTIONS (MAY 2019)................................................................................... 69 552.238-81 - PRICE RED UCTIONS (MAY 2019) (ALTERNATE I - APR 2014) ..................................... 70 552.238-83 - EXAMINATION OF RECORDS BY GSA (MAY 2019) ....................................................... 70 552.238-84 - DISCOUNTS FOR PROMPT PAYMENT (MAY 2019) ....................................................... 70 552.238-85 - CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2019) .......................................... 71 552.238-87 - DELIVERYPRICES(,,VA Y2019) ........................................................................................ 71 552.238-88 - GSA ADVANTAGE!®(MAY2019)..................................................................................... 72 552.238-97 - PARTS AND SERVICE(MAY2019)................................................................................... 72 552.238-98 - CLAUSES FOR OVERSEAS COVERAGE(MAY2019)..................................................... 72 552.238-99 - DELIVERYPRICES 01 ERSEAS (MAY 2019).................................................................... 73 52.216-32 - TASK -ORDER AND DELIVERY -ORDER OMBUDSMAN (SEP 2019) (ALT I SEP 2019) AlternateL................................................................................................................................................. 73 52.219-13 - NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)........................................................... 74 52.219-6 - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020) ....................................... 74 552.238-77- SUBMISSIONAND DISTRIBUTION OFAUTHORIZED FEDERAL SUPPLYSCHEDULE PRICE LISTS (MAR 2020)........................................................................................................................ 75 52.202-1 - DEFINITIONS (JUN 2 02 0) ..................................................................................................... 75 52.204-10 - REPORTING EXECUTIVE COMPENSATIONAND FIRST-TIER SUBCONTRACT AWARDS(JUN 2 02 0) ............................................................................................................................... 75 52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)...... 78 52.222-36 - EQUAL OPPORTUNITYFOR WORKERS WITH DISABILITIES (JUN 2020) ................... 79 52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) ...................................................... 79 52.222-37 - EMPLOYMENT REPORTS ON VETERANS (JUN 2020) ..................................................... 79 52.223-15 - ENERGY EFFICIENCYIN ENERGY -CONSUMING PRODUCTS (MAY 2020) ................. 80 52.225-19 - CONTRACTOR PERSONNEL INA DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAY 2020).......................................................................................................................................................... 81 52.216-18 - ORDERING (AUG 2020)...................................................................................................... 86 52.228-3 - WORKER'S COMPENSA TION INSURANCE (DEFENSE BASE ACT) (JUL 2014) ............. 87 52.204-2 - SECURITY REQUIREMENTS (MAR 2021)............................................................................88 52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) ................................88 552.238-80 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) ............................ 88 52.223-3 - HAZARDOUS MATERIAL IDENTIFICATIONAND MATERIAL SAFETYDATA (FEB 2021) (ALTERNATE 1- JUL 1995)..................................................................................................................... 90 552.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (AOV 2021) (DEVIATIONFAR 52.252-6).... 91 52.245-1 - GO17ERNMENT PROPERTY (SEP 2021)............................................................................... 92 52.219-33 - NONMANUFACTURER RULE (SEP 2021)....................................................................... 102 52.219-16 - LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (SEP 2021) .............................. 104 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) ...............104 97 52.204-21 -BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)............................................................................................................................................. 108 52.204-25 -PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) .................................................. 109 52.209-6- PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021).....111 552.238-111 -ENVIRONMENTAL PROTECTIONAGENCYREGISTRATIONREQUIREMENT (JAN 2022)........................................................................................................................................................112 552.238-114 -USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BYNON-FEDERAL ENTITIES (JAN 2022).............................................................................................................................................. 113 552.238-82 - MODIFICATIONS (FEDERAL SUPPLYSCHEDULE) (JAN 2022) (ALTERNATE I- MAR 2020)........................................................................................................................................................114 552.238-82 - MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE H MAY 2019)........................................................................................................................................................116 552.238-78 - IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (JAN 2022)........................................................................................................................................................116 52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) (ALTERNATE 1- NOV 2021)..................................................................................................................118 52.222-50 - COMBATING TRAFFICKING INPERSONS (NOV 2021) ................................................ 119 52.222-55 - MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (J,AN 2022)............................................................................................................................................. 126 52.222-62 - PAID SICK LEA VE UNDER EXECUTIVE ORDER 13706 (JAN 2022) ............................130 52.247-64 - PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (NOV 2021)........................................................................................................................................................135 52.215-21 - REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (NOV 2021) (ALTERNATE IV - OCT2010)...............................................................................................................................................137 552.238-116 - OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR 2022) ................ 137 552.238-115 - SPECIAL ORDERING PROCEDURES FOR THE ACQUISITION OF ORDER -LEVEL MATERIALS(APR 2022)........................................................................................................................137 52.216-22 - INDEFINITE QUANTITY (OCT 1995)............................................................................... 139 52.222-54 - EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) ............................................139 52.219-14 - LIMITATIONS ON SUBCONTRACTING (OCT 2022).......................................................142 52.219-27 - NOTICE OF SER VICE -DISABLED VETERAN -OWNED SMALL BUSINESS SET-ASIDE (OCT 2022)..............................................................................................................................................143 52.219-29 - NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN- 0TVNED SMALL BUSINESS CONCERNS (OCT 2022) ........................144 52.219-30 - NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN -OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN -OWNED SMALL BUSINESS PROGRAM(OCT 2022)..........................................................................................................................145 52.219-3 - NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (OCT 2022) ............... 146 C -FSS -370 - CONTRACTOR TASKS/SPECIAL REQUIREMENTS (DEC 2022) ................................ 147 I -FSS -40 - CONTRACTOR TEAM ARRANGEMENTS (DEC 2022) ...................................................... 148 I -FSS -600 - CONTRACT PRICE LISTS (DEC 2022)............................................................................. 148 I -FSS -644 - PRODUCTS OFFERED AND SOLD BY VENDORS OTHER THAN THE MANUFACTURER (DEC 2022).............................................................................................................150 1 -FSS -973 - PAYMENTS BYNON-FEDERAL ORDERING ACTIVITIES (DEC 2022) .........................151 G -FSS -900-C - CONTACT FOR CONTRACT ADMINISTRATION (DEC 2022) ..................................151 I -FSS -106 - GUARANTEED MINIMUM (DEC 2022)............................................................................152 52.232-40 - PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 202.3)............................................................................................................................................. 152 52.204-27 - PROHIBTION ONA BYTEDANCE COVERED APPLICATION (JUN 2023) ...................153 552.219-74 - SECTION 8(A) DIRECT AWARD (SEP 1999)..................................................................154 52.219-18 - NOTIFICATION OF COMPETITIONLIMITED TO ELIGIBLE 8(a) PARTICIPANTS (JAN 2017) (DEVIATED I - OCT 2022).......................................................................................................... 154 552.238-80 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE I — MAY2023)...............................................................................................................................................155 552.238-113 - SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY2023)............. 157 552.238-117 - PRICE ADJUSTMENT - FAILURE TO PROVIDE ACCURATE INFORMATION (OCT 2023)........................................................................................................................................................159 I -FSS -639 - CONTRACT SALES CRITERIA (SEP 2 02 3) .......................................................................160 98 552.212-71 -CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTSAND COMMERCIAL SERVICES (OCT 2023).......................................160 552.212-72 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTSAND COMMERCIAL SERVICES (OCT 2023)................................................................................................161 52.225-5 - TRADE AGREEMENTS (NOV 2023).................................................................................... 161 552.212-4 - CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCTSAND COMMERCIAL SERVICES (NOV 2023) (DEVIATION - FEB 2007) (FAR DEVIATION - JAN 2023)164 552.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (FAR DEVIATION- JAN 2023) (ALTERNATE I - NOV 2021) (DEVIATION - FEB 2 00 7) ...................................................................................................................... 171 52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BYKASPERSKYLAB AND OTHER COVERED ENTITIES (DEC 2023)........................................................................................................................................................183 52.203-17 - CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)............................................... 184 52.222-19 - CHILD LABOR - COOPERATION WITHAUTHORITIESAND REMEDIES (NOV 2023)184 52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (SEP 2023)........................................ 185 52.219-9 - SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023) (ALTII NOV 2016).............. 188 52.219-28 -POST -AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEP 2023)......... 198 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTSAND COMMERCIAL SERVICES (DEC 2023)200 52.204-30 - FEDERAL ACQUISITION SUPPLY CHAIN SECURITYACT ORDERS - PROHIBITION (DEC 2023) (ALT I DEC 2023).............................................................................................................. 208 99 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.203-3 GRATUITIES (APR 1984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled— (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 tunes the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. .52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. 52.222-3 CONVICT LABOR (JUN 2003) (a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. (b) The Contractor is not prohibited from employing persons— (1) On parole or probation to work at paid employment during the term of their sentence; (2) Who have been pardoned or who have served their terms; or (3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if— (i) The worker is paid or is in an approved work training program on a voluntary basis; (ii) Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers, or be Page: 1 of 212 100 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v) The Attorney General of the United States has certified that the work -release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 52.224-2 PRIVACY ACT (APR 1984) (a) The Contractor agrees to— (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies— (i) The systems of records; and (ii) The design, development, or operation work that the Contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For proposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c) (1) "Operation ofa systein of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. Page: 2 of 212 101 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 52.228-5 INSURANCE—WORK ON A GOVERNI\IENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 52.229-1 STATE AND LOCAL TAXES (APR 1984) Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the Government agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption. 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated— (a) Elsewhere in this contract or agreement; or (b) In individual orders placed under this contract or agreement. 52.233-3 PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either— (1) Cancel the stop -work order; or Page: 3 of 212 102 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) if a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. (e) The Government's rights to terminate this contract at anytime are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Govermnent pays costs, as provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this properly, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to— (1) Furnish phase-in training; and Page: 4 of 212 103 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. 52.242-13 BANKRUPTCY (JUL 1995) In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract. 52.242-15 STOP -WORK ORDER (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Page: 5 of 212 104 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either — (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if — (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. .52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006) (a) The term 'To.b. origin, freight prepaid," as used in this clause, means— (1) Free of expense to the Government delivered— (i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipments will be made and from which line -haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin; (ii) To, and placed on, the carrier's wharf (at ship -side, within reach of the ship's loading tackle, when the shipping point is within a port area having water transportation service) or the carrier's freight station; (iii) To a U.S. Postal Service facility; or (iv) If stated in the solicitation, to any Government -designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372); and (2) The cost of transportation, ultimately the Government's obligation, is prepaid by the Contractor to the point specified in the contract. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or Page: 6 of 212 105 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (2) (i) Order specified carrier equipment when requested by the Government; or (ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; (3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier's conveyance as required by carrier rules and regulations; (4) Be responsible for any loss of and/or damage to the goods— (i) Occurring before delivery to the carrier; (ii) Resulting from improper packing or marking; or (iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier's conveyance; (5) Prepare a bill of lading or other transportation receipt. The bill of lading shall show— (i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable; (ii) The seals affixed to the conveyance with their serial numbers or other identification; (iii) Lengths and capacities of cars or trucks ordered and furnished; (iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.; (v) Special instructions or annotations requested by the ordering agency for bills of lading; e.g., "This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government"; and (vi) The signature of the carrier's agent and the date the shipment is received by the carrier; (6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency; and (7) Prepay all freight charges to the extent specified in the contract. (c) These Contractor responsibilities are specified for performance at the plant or plants at which these supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier's equipment are not available at the Contractor's plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or nearest city where the specified carrier's facilities are available; subject, however, to the following qualifications: (1) If the Contractor's shipping plant is located in the State of Alaska or Hawaii, the Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or Hawaii, respectively, as specified in the contract, at Contractor's expense, and to that extent the contract shall be "f.o.b. destination." Page: 7 of 212 106 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) Notwithstanding subparagraph (c)(1) of this clause, if the Contractor's shipping plant is located in the State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor's expense to the container yard in the same or nearest city where seavan container service is available. 52.247-34 F.O.B. DESTINATION (NON" 1991) (a) The term "f.o.b. destination," as used in this clause, means— (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. if motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movernent to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. 52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (a) The term "f.o.b. inland carrier, point of exportation," as used in this clause, means free of expense to the Government, on board the conveyance of the inland carrier, delivered to the specified point of exportation. (b) The Contractor shall— Page: 8 of 212 107 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (2) Prepare and distribute commercial bills of lading or other transportation receipt; (3) (i) Deliver the shipment in good order and condition in or on the conveyance of the carrier on the date or within the period specified; and (ii) Pay and bear all applicable charges, including transportation costs, to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery in the contract; and (5) At the Government's request and expense, assist in obtaining the documents required for (i) exportation or (ii) importation at destination. 52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984) (a) The tern Yo.b. inland point, country of importation," as used in this clause, means free of expense to the Government, on board the indicated type of conveyance of the carrier, delivered to the specified inland point where the consignee's facility is located. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods; (2) (i) Deliver, in or on the inland carrier's conveyance, the shipment in good order and condition to the specified inland point where the consignee's facility is located; and (ii) Pay and bear all applicable charges incurred up to the point of delivery, including transportation costs; export, import, or other fees or taxes; costs of landing; wharfage costs; customs duties and costs of certificates of origin; consular invoices; and other documents that may be required for importation; and (3) Be responsible for any loss of and/or damage to the goods until their arrival on or in the carrier's conveyance at the specified inland point. 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT—SMALL PACKAGE SHIPMENTS (JAN 1991) (a) When authorized by the Contracting Officer, f.o.b. origin freight shipments which do not have a security classification shall move on prepaid commercial bills of lading or other shipping documents to domestic destinations, including air and water terminals. Weight of individual shipments shall be governed by carrier restrictions but shall not exceed 150 pounds by any form of commercial air or 1,000 pounds by other commercial carriers. The Government will reimburse the Contractor for reasonable freight charges. (b) The Contractor shall annotate the commercial bill of lading as required by the clause of this contract Page: 9 of 212 108 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G entitled "Commercial Bill of Lading Notations." (c) The Contractor shall consolidate prepaid shipments in accordance with procedures established by the cognizant transportation office. The Contractor is authorized to combine Government prepaid shipments with the Contractor's commercial shipments for delivery to one or more consignees and the Government will reimburse its pro rata share of the total freight costs. The Contractor shall provide a copy of the commercial bill of lading promptly to each consignee. Quantities shall not be divided into mailable lots for the purpose of avoiding movement by other modes of transportation. (d) Transportation charges will be billed as a separate item on the invoice for each shipment made. A copy of the pertinent bill of lading, shipment receipt, or freight bill shall accompany the invoice unless otherwise specified in the contract. (e) Loss and damage claims will be processed by the Government. 52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006) (a) Definition. Domestic destination, as used in this clause, means— (1) A destination within the contiguous United States; or (2) If shipment originates in Alaska or Hawaii, a destination in Alaska or Hawaii, respectively. (b) Unless otherwise directed by the Contracting Officer, the Contractor shall— (1) Send a prepaid notice of shipment to the consignee transportation officer— (i) For all shipments of— (A) Classified material, protected sensitive, and protected controlled material; (B) Explosives and poisons, class 1, division 1. 1, 1.2 and 1.3; class 2, division 2.3 and class 6, division 6.1; (C) Radioactive materials requiring the use of a III bar label; or (ii) When a truckload/carload shipment of supplies weighing 20,000 pounds or more, or a shipment of less weight that occupies the full visible capacity of a railway car or motor vehicle, is given to any carrier (common, contract, or private) for transportation to a domestic destination (other than a port for export); (2) Transmits the notice by rapid means to be received by the consignee transportation officer at least 24 hours before the arrival of the shipment; and (3) Send, to the receiving transportation officer, the bill of lading or letter or other document containing the following information and prominently identified as a "Report of Shipment" or "REPSHIP FOR T.O." RESHIP FOR T.O. 81 ,TUN 01 TRANSPORTATION OFFICER, DEFENSE DEPOT, MEMPHIS, TN. SHIPPED YOUR DEPOT 1981 JUN 1 540 CTNS MENS COTTON TROUSERS, 30,240 LB, 1782 CUBE, VIA XX -YY* 1N CAR NO. XX 123456**-BL***-C98000031****CONTRACT DLA ETA***** -JUNE 5 JONES & CO., JERSEY CITY N.J. 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999) Page: 10 of 212 109 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price -off coupons, that refers to a military resale activity shall contain the following statement: "This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government." 552.211-73 MARKING (FEB 1996) (a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. if not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards. (1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation. (2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation. (b) Improperly, marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. 552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003) Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor. 552.211-77 PACKING LIST (FEB 1996) (ALTERNATE i — MAY 2003) (a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3) Ordering activity order or requisition number; (4) Goverment bill of lading number covering the shipment (if any); and (5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any). (b) When payment will be made by Ordering activity commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number; and (2) the term "Credit Card." 552.223-70 HAZARDOUS SUBSTANCES (MAY 1989) (a) If the packaged items to be delivered under this contract are of a hazardous substance and ordinarily are intended or considered to be for use as a household itern, this contract is subject to the Federal Page: 11 of 212 110 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Hazardous Substances Act, as amended (15 U.S.C. 1261-1276), implementing regulations thereof (16 CFR Chapter 11(c)), and Federal Standard No. 123, Marking for Shipment (Civil Agencies), issue in effect on the date of this solicitation. (b) The packaged items to be delivered under this contract are subject to the preparation of shipping documents, the preparation of items for transportation, shipping container construction, package making, package labeling when required, shipper's certification of compliance, and transport vehicle placarding in accordance with Parts 171 through 178 of 49 CFR and the Hazardous Materials Transportation Act. (c) The minimum packaging acceptable for packaging Department of Transportation regulated hazardous materials shall be those in 49 CFR 173. 552.223-71 NONCONFORMING HAZARDOUS MATERIALS (SEP 1999) (a) Nonconforming supplies that contain hazardous material or that may expose persons who handle or transport the supplies to hazardous material and which require replacement under the inspection and/or warranty clauses of this contract shall be reshipped to the Contractor at the Contractor's expense. The Contractor agrees to accept return of these nonconforming supplies and to pay al I costs occasioned by their return. (b) "Hazardous materials," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (c) If the Contractor fails to provide acceptable disposition instructions for the nonconforming supplies within 10 days from the date of the Government's request (or such longer period as may be agreed to between the Contracting Officer and the Contractor), or fails to accept return of the reshipped nonconforming supplies, such failure: (1) may be interpreted as a willful failure to perform, (2) may result in termination of the contract for default and (3) shall be considered by the Contracting Officer in determining the responsibility of the Contractor for any future award (see FAR 9.104-3(b) and 9.406-2). (d) Pending final resolution of any dispute, the Contractor shall promptly comply with the decision of the Contracting Officer. 552.229-70 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) The contract price includes all applicable Federal, State, and local taxes. No adjustment will be made to cover taxes which may subsequently be imposed on this transaction or changes in the rates of currently applicable taxes. However, the Government will, upon the request of the Contractor, furnish evidence appropriate to establish exemption from any tax from which the Government is exempt and which was not included in the contract price. 552.229-71 FEDERAL EXCISE TAX—DC GOVERNMENT (SEP 1999) If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal excise tax and show the amount of such tax on the invoice. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted therefor: Page: 12 of 212 111 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off. 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) (a) The Contractor shall notify the Contracting Officer or designee, in writing, To be determined at the task order level days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107). (b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall— (1) Be submitted in writing; (2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and (3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted. (c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL -STD 129 in effect on the date of the contract. (d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http://acquisition.gov/far/. Page: 13 of 212 112 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Number Title Clause/Provision 52.202-1 DEFINITIONS (JUN 2020) Clause 52.203-17 CONTRACTOR EMPLOYEE Clause WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023) 52.203-3 GRATUITIES (APR 1984) Clause 52.204-13 SYSTEM FOR AWARD MANAGEMENT Clause MAINTENANCE (OCT 2018) 52.204-19 INCORPORATION BY REFERENCE Clause OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.204-4 PRINTED OR COPIED DOUBLE -SIDED Clause ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 52.204-7 SYSTEM FOR AWARD MANAGEMENT Clause (OCT 2018) 52.204-9 PERSONAL IDENTITY VERIFICATION Clause OF CONTRACTOR PERSONNEL (JAN 2011) 52.208-9 CONTRACTOR USE OF MANDATORY Clause SOURCES OF SUPPLY OR SERVICES (MAY 2014) 52.209-10 PROHIBITION ON CONTRACTING Clause WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 52.215-21 REQUIREMENTS FOR CERTIFIED Clause COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA- MODIFICATIONS (NOV 2021) (ALTERNATE IV - OCT 2010) 52.216-18 ORDERING (AUG 2020) Clause 52.216-19 ORDER LIMITATIONS (OCT 1995) Clause 52.216-22 INDEFINITE QUANTITY (OCT 1995) Clause 52.217-8 OPTION TO EXTEND SERVICES (NOV Clause 1999) 52.222-1 NOTICE TO THE GOVERNMENT OF Clause LABOR DISPUTES (FEB 1997) 52.222-29 NOTIFICATION OF VISA DENIAL (APR Clause 2015) 52.222-49 SERVICE CONTRACT LABOR Clause STANDARDS - PLACE OF PERFORMANCE UNKNOWN (MAY 2014) 52.223-10 WASTE REDUCTION PROGRAM (MAY Clause 2011) Page: 14 of 212 113 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G 52.223-17 AFFIRMATIVE PROCUREMENT OF Clause EPA -DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) 52.223-2 AFFIRMATIVE PROCUREMENT OF Clause BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) 52.223-5 POLLUTION PREVENTION AND Clause RIGHT -TO -KNOW INFORMATION (MAY 2011) 52.224-1 PRIVACY ACT NOTIFICATION (APR Clause 1984) 52.224-2 PRIVACY ACT (APR 1984) Clause 52.224-3 PRIVACY TRAINING (JAN 2017) Clause 52.227-14 RIGHTS IN DATA - GENERAL (MAY Clause 2014) 52.232-17 INTEREST (MAY 2014) (DEVIATION I - Clause MAY 2003) 52.232-36 PAYMENT BY THIRD PARTY (MAY Clause 2014) 52.232-37 MULTIPLE PAYMENT Clause ARRANGEMENTS (MAY 1999) 52.233-1 DISPUTES (MAY 2014) Clause 52.237-2 PROTECTION OF GOVERNMENT Clause BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 52.237-3 CONTINUITY OF SERVICES (JAN Clause 1991) 52.242-13 BANKRUPTCY (JUL 1995) Clause 52.242-15 STOP -WORK ORDER (AUG 1989) Clause 52.242-5 PAYMENTS TO SMALL BUSINESS Clause SUBCONTRACTORS (JAN 2017) 52.245-1 GOVERNMENT PROPERTY (SEP Clause 2021) 52.245-9 USE AND CHARGES (APR 2012) Clause 52.246-4 INSPECTION OF SERVICES - Clause FIXED-PRICE (AUG 1996) (DEVIATION I - MAY 2003) 52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID Clause (FEB 2006) 52.247-34 F.O.B. DESTINATION (NOV 1991) Clause 52.247-38 F.O.B. INLAND CARRIER, POINT OF Clause EXPORTATION (FEB 2006) 52.247-38 F.O.B. INLAND CARRIER, POINT OF Clause EXPORTATION (FEB 2006) (DEVIATION I - FEB 2007) 52.247-39 F.O.B. INLAND POINT. COUNTRY OF Clause Page: 15 of 212 114 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G IMPORTATION (APR 1984) 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT- Clause SMALL PACKAGE SHIPMENTS (JAN 1991) 52.251-1 GOVERNMENT SUPPLY SOURCES Clause (APR 2012) 552.211-73 MARKING (FEB 1996) Clause 552.211-75 PRESERVATION, PACKAGING, AND Clause PACKING (FEB 1996) (ALTERNATE I - MAY 2003) 552.211-77 PACKING LIST (FEB 1996) Clause (ALTERNATE I - MAY 2003) 552.211-89 NON -MANUFACTURED WOOD Clause PACKAGING MATERIAL FOR EXPORT (JUL 2016) 552.229-71 FEDERAL EXCISE TAX - C Clause GOVERNMENT (SEP 1999) 552.252-6 AUTHORIZED DEVIATIONS IN Clause CLAUSES (NOV 2021) (DEVIATION FAR 52.252-6) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within by written notice to the Contractor within 30 calendar days before the contract expiration date.. 52.247-38 F.o.b. Inland Carrier, Point of Exportation (FEB 2006) (DEVIATION — FEB 2007) (a) The term "f.o.b. inland carrier, point of exportation," as used in this clause, means free of expense to the ordering activity, on board the conveyance of the inland carrier, delivered to the specified point of exportation. (b) The Contractor shall— (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (2) Prepare and distribute commercial bills of lading or other transportation receipt; (3) (i) Deliver the shipment in good order and condition in or on the conveyance of the carrier on the date or within the period specified; and (ii) Pay and bear all applicable charges, including transportation costs, to the point of delivery specified in the contract; Page: 16 of 212 115 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery in the contract; and (5) At the ordering activity's request and expense, assist in obtaining the documents required for— (i) Exportation; or (ii) Importation at destination. 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996) (DEVIATION - MAY 2003) (a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the ordering activity covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the ordering activity during contract performance and for as long afterwards as the contract requires. (c) The ordering activity has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The ordering activity shall perform inspections and tests in a manner that will not unduly delay the work. (d) if the ordering activity perforins inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the ordering activity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the ordering activity may— (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the ordering activity may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the ordering activity that is directly related to the performance of such service; or (2) Terminate the contract for default. 552.216-70 ECONOMIC PRICE ADJUSTMENT — FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I— SEP 1999) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Page: 17 of 212 116 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Price decreases will be handled in accordance with the provisions of the Price Reductions clause. (b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met: (1) Increases resulting from a reissue or other modification of the Contractor's commercial catalog/price list that was used as the basis for the contract award. (2) No more than three increases will be considered during each succeeding 12 -month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b)). (3) Increases are requested before the last 60 days of the contract period (4) At least 30 days elapse between requested increases. (c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12 -month period shall not exceed SEE CLAUSE NOTE percent of the contract unit price in effect at the end of the preceding 12 -month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (d) The following material shall be submitted with the request for a price increase: (1) A copy of the commercial catalog/price list showing the price increase and the effective date for commercial customers. (2) Commercial Sales Practices Format regarding the Contractor's commercial pricing practice relating to the reissued or modified catalog/price list, or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Documentation supporting the reasonableness of the price increase. (e) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied; (2) Negotiate more favorable discounts from the new commercial prices when the total increase requested is not supported; or, (3) Remove the product(s) from contract involved pursuant to the Cancellation clause of this contract, when the increase requested is not supported. (t) The increased contract prices shall apply to delivery orders issued to the Contractor on or atter the effective date of the contract modification. Note: Regulation 552.216-70 The EPA Ceiling Limit for this clause is hereby established as 4% for the Huffman Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.216-70 Deviation 11. Page: 18 of 212 117 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA -DESIGNATED ITEMS (MAY 2008) (a) Definitions. As used in this clause# Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall# (1) Estimate the percentage of the total recovered material content for EPA -designated itein(s) delivered and/or used in contract performance, including, if applicable, the percentage of post -consumer material content; and (2) Submit this estimate to X. 552.246-78 INSPECTION AT DESTINATION (JUL 2009) Inspection of all purchases under this contract will be made at destination by an authorized Government representative. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within To be determined at the task order level; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least To be determined at the task order level days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed To be determined at the task order level (months) (years). 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (1). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. Page: 19 of 212 118 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required employee notice, printed by the Department of Labor, may be — (1) Obtained from the Division of Interpretations and Standards, Office of Labor -Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor -Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor- Management Standards Web site at httn:/hvww.doL2ov/olms/rens/compliance/EO13496.htm; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9_4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (t) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) Page: 20 of 212 119 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive -12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government -provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally controlled facility and/or routine access to a Federally -controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. 52.204-4 PRINTED OR COPIED DOUBLE -SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (a) Definitions. As used in this clause— Postconsumer fiber means— (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end -usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not (3) Fiber derived from printers' over -runs, converters' scrap, and over -issue publications. (b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double -sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government. 52.223-5 POLLUTION PREVENTION AND RIGHT -TO -KNOW INFORMATION (MAY 2011) (a) Definitions. As used in this clause— Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65. (b) Federal facilities are required to comply with the provisions of the Emergency Planning and Page: 21 of 212 120 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Community Right -to -Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109). (c) The Contractor shall provide all information needed by the Federal facility to comply with the following: (1) The emergency planning reporting requirements of Section 302 of EPCRA. (2) The emergency notice requirements of Section 304 of EPCRA. (3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA. (4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA. (5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA. (6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514. 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (a) Definitions. As used in this clause — Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. (b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247). 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (a) Definitions. As used in this clause — "Driving" — (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, Page: 22 of 212 121 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G including for the purpose of short message service texting, e -mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 135131, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Contractor should — (1) Adopt and enforce policies that ban text messaging while driving — (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately -owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as — (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro -purchase threshold. 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012) The Contracting Officer may issue the Contractor an authorization to use Government supply sources in the performance of this contract. Title to all property acquired by the Contractor under such an authorization shall vest in the Government unless otherwise specified in the contract. The provisions of the clause at FAR 52.245-1, Government Property, apply to all property acquired under such authorization. 52.245-9 USE AND CHARGES (APR 2012) (a) Definitions. Definitions applicable to this contract are provided in the clause at 52.245-1, Government Property. Additional definitions as used in this clause include: "Rental period" means the calendar period during which Government property is made available for nongovernmental purposes. "Rental time" means the number of hours, to the nearest whole hour, rented property is actually used for nongovernmental purposes. It includes time to set up the property for such purposes, perform required maintenance, and restore the property to its condition prior to rental (less normal wear and tear). (b) Use of Government property. The Contractor may use the Government property without charge in the performance of — (1) Contracts with the Government that specifically authorize such use without charge; (2) Subcontracts of any tier under Government prime contracts if the Contracting Officer having Page: 23 of 212 122 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G cognizance of the prime contract — (i) Approves a subcontract specifically authorizing such use; or (ii) Otherwise authorizes such use in writing; and (3) Other work, if the Contracting Officer specifically authorizes in writing use without charge for such work. (c) Rental. If granted written permission by the Contracting Officer, or if it is specifically provided for in the Schedule, the Contractor may use the Government property (except material) for a rental fee for work other than that provided in paragraph (b) of this clause. Authorizing such use of the Government property does not waive any rights of the Government to terminate the Contractor's right to use the Government property. The rental fee shall be determined in accordance with the following paragraphs. (d) General. (1) Rental requests shall be submitted to the Administrative Contracting Officer (ACO), identify the property for which rental is requested, propose a rental period, and compute an estimated rental charge by using the Contractor's best estimate of rental time in the formulae described in paragraph (e) of this clause. (2) The Contractor shall not use Government property for nongovernmental purposes, including Independent Research and Development, until a rental charge for real property, or estimated rental charge for other property, is agreed upon. Rented property shall be used only on a non-interference basis. (e) Rental charge.— (1) Real property and associated fixtures. (i) The Contractor shall obtain, at its expense, a property appraisal from an independent licensed, accredited, or certified appraiser that computes a monthly, daily, or hourly rental rate for comparable commercial property. The appraisal may be used to compute rentals under this clause throughout its effective period or, if an effective period is not stated in the appraisal, for one year following the date the appraisal was performed. The Contractor shall submit the appraisal to the ACO at least 30 days prior to the date the property is needed for nongovernmental use. Except as provided in paragraph (e)(1)(iii) of this clause, the ACO shall use the appraisal rental rate to determine a reasonable rental charge. (ii) Rental charges shall be determined by multiplying the rental time by the appraisal rental rate expressed as a rate per hour. Monthly or daily appraisal rental rates shall be divided by 720 or 24, respectively, to determine an hourly rental rate. (iii) When the ACO believes the appraisal rental rate is unreasonable, the ACO shall promptly notify the Contractor. The parties may agree on an alternative means for computing a reasonable rental charge. (iv) The Contractor shall obtain, at its expense, additional property appraisals in the same manner as provided in paragraph (e)(1)(i) if the effective period has expired and the Contractor desires the continued use of property for nongovernmental use. The Contractor may obtain additional appraisals within the effective period of the current appraisal if the market prices decrease substantially. (2) Other Government property. The Contractor may elect to compute the rental charge using the appraisal method described in paragraph (e)(1) of this clause subject to the constraints therein or the following formula in which rental time shall be expressed in increments of not less than one Page: 24 of 212 123 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G hour with portions of hours rounded to the next higher hour: The hourly rental charge is calculated by multiplying 2 percent of the acquisition cost by the hours of rental time, and dividing by 720. (3) Alternative methodology. The Contractor may request consideration of an alternative basis for computing the rental charge if it considers the monthly rental rate or a time -based rental unreasonable or impractical. (f) Rental payments. (1) Rent is due 60 days following completion of the rental period or as otherwise specified in the contract. The Contractor shall compute the rental due, and furnish records or other supporting data in sufficient detail to permit the ACO to verify the rental time and computation. Payment shal I be made by check payable to the Treasurer of the United States and sent to the contract administration office identified in this contract, unless otherwise specified by the Contracting Officer. (2) Interest will be charged if payment is not made by the date specified in paragraph (f)(1) of this clause. Interest will accrue at the "Renegotiation Board Interest Rate" (published in the Federal Register semiannually on or about January 1 st and July 1 st) for the period in which the rent is due. (3) The Government's acceptance of any rental payment render this clause, in whole or in part, shall not be construed as a waiver or relinquishment of any rights it may have against the Contractor stemming from the Contractor's unauthorized use of Government property or any other failure to perform this contract according to its terms. (g) Use revocation. At any time during the rental period, the Government may revoke nongovernmental use authorization and require the Contractor, at the Contractor's expense, to return the property to the Government, restore the property to its pre -rental condition (less normal wear and tear), or both. (h) Unauthorized use. The unauthorized use of Government property can subject a person to fines, imprisonment, or both, under 18 U.S.C. 641. 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA) -designated items unless — (1) The product cannot be acquired— (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA -designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or Page: 25 of 212 124 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G combat -related missions. (b) Information about this requirement and these products is available at httn://vwvw.biol2referred.gov. (c) In the performance of this contract, the Contractor shall – (1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA -designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; (2) Submit this report no later than – (i) October 31 of each year during contract performance; and (ii) At the end of contract performance. 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TBD [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor — (1) Any order for a single item in excess of See SIN Specific Information [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of See SIN Specific Information [insert dollar .figure or quantity]; or (3) A series of orders from the same ordering office within TBD days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum -order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TBD days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. Note: Regulation 52.216-19 "Due to a system limitation, a Maximum Order value of $250,000 has been identified for the Order -Level Materials SIN. However, as Order -Level Materials are only acquired in direct support of an individual task or delivery order, the contractor's right to decline an order as outlined in FAR 52.216-19 Order Limitations paragraph (b) Maximum Order shall be based on the SINS that are the primary basis or purpose of the order, not the Maximum Order value associated with the Order -Level Materials SIN. Additionally, Ordering agencies are reminded that the Maximum Order value identified for Page: 26 of 212 125 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G a Schedule SIN does not limit the value of an individual task or delivery order. Ordering limitations and procedures applicable to task or delivery orders inclusive of Order -Level Materials are outlined in GSAR 552.238-115, Special Ordering Procedures for the Acquisition of Order -Level Materials." _52.208-9 CONTRACTOR USE OF NIANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) (a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under the 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule. (b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources. (c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are: (1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500 (2) NIS IT 8401 Old Courthouse Road Vienna, VA 22182 (571)226-4660 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It Is Not a Wage Determination Employee Class Monetary Wage — Fringe Benefits To be determined at the task order level To be determined at the task order level To be determined at the task order level To be determined at the task order level Page: 27 of 212 126 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G To be determined at the task order level To be determined at the task order level 52.222-49 SERVICE CONTRACT LABOR STANDARDS — PLACE OF PERFORMANCE UNKNOWN (MAY 2014) (a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: To be determined at the task order level (insert places or areas). The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by To be determined at the task order level (insert time and date). (b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price. 52.222-51 EXENIPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT --REQUIREMENTS (MAY 2014) (a) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal business operations. (b) The services shall be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (1) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (2) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor. (c) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract shall be the same as that used for these employees and for equivalent employees servicing the same equipment of commercial customers. (d) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine the applicability of this exemption to any subcontract on or before subcontract award. in making a judgment that the exemption applies, the Contractor shall consider all factors and make an affirmative determination that all of the conditions in paragraphs (a) through (c) of this clause will be met. (e) If the Department of Labor determines that any conditions for exemption in paragraphs (a) through (c) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Labor Standards statute. In such case, the procedures at 29 CFR 4.123(e)(1)(iv) and 29 CFR 4.5(c) will be followed (t) The Contractor shall include the substance of this clause, including this paragraph (f), in Page: 28 of 212 127 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G subcontracts for exempt services under this contract. 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES --REQUIREMENTS (MAY 2014) (a) The services under this contract are offered and sold regularly to non -Governmental customers, and are provided by the Contactor to the general public in substantial quantities in the course of normal business operations. (b) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor. (c) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract. (d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for these employees and for equivalent employees servicing commercial customers. (e) (1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or (2) A subcontract for exempt services shall be awarded on a sole source basis. (t) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contactor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs (a) through (d) of this clause. If the services are currently being performed under a subcontract, the Contractor shall consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs (a) through (d) of this clause. If the Contactor has reason to doubt the validity of the certification, the requirements of the Service Contract Labor Standards statute shall be included in the subcontract. (g) If the Department of Labor determines that any conditions for exemption at paragraphs (a) through (e) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Labor Standards statute. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii) and 29 CFR 4.5(c) will be followed. (h) The Contractor shall include the substance of this clause, including this paragraph (h), in subcontracts for exempt services under this contract. 52.227-14 RIGHTS IN DATA --GENERAL (MAY 2014) (a) Definitions. As used in this clause — "Computer database" or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not Page: 29 of 212 128 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G include computer software. "Computer software" — (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) Does not include computer databases or computer software documentation. "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Form, fit, and function data" means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software. "Limited rights" means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause. "Limited rights data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. "Restricted computer software" means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software. "Restricted rights" as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. "Technical data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116). "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. Page: 30 of 212 129 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in -- (i) Data first produced in the performance of this contract; (ii) Form, tit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause. (2) The Contractor shall have the right to -- (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause. (c) Copyright -- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number). (iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Page: 31 of 212 130 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G Government. (2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor -- (i) Identifies the data; and (ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract. (3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data. (d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except -- (1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations); (2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer. (e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g) (3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings. (i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60 -day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written Page: 32 of 212 131 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor -- (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marled with an incorrect notice, the Contracting Officer may -- (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices. (g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall -- (i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead. Page: 33 of 212 132 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3) [Reserved] (h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract, if a subcontractor refuses to accept ternis affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government. 52.232-17 INTEREST (MAY 2014) (DEVIATION — MAY 2003) (a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the ordering activity under this contract (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C. 148 1)) shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: (1) The date fixed under this contract (2) The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination. (3) The date the ordering activity transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract. 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014) (a) General. (1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract. (2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP). Page: 34 of 212 133 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Information on TOP is available at http://fins.treas.gov/debt/ index.html. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card. (b) Contractor payment request. (1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor. (2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized. (c) Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract. (d) Documentation. Documentation of each charge against the Government's account shall be provided to the Contracting Officer upon request. (e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940 (31 U.S.C. 3727, 41 U.S.C. 6305). (f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph (c) of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request. 52.233-1 DISPUTES (MAY 2014) (a) This contract is subject to 41 U.S.0 chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.0 chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.0 chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.0 chapter 71. The submission may be converted to a claim under 41 U.S.0 chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. Page: 35 of 212 134 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(di) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $50,000, the Contracting Officer inust, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.0 chapter 71. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). if the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 1 -FSS -969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE (OCT 2014) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described Page: 36 of 212 135 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G below. Price adjustments may be effective on or after the fast 12 months of the contract period on the following basis: (1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12 -month anniversary date of the contract effective date, subject to paragraph (fl, below. (2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator, as used in this clause, means the originally released public index, public survey or other public, based market indicator. The market indicator shall be the originally released index, survey or market indicator, not seasonally adjusted, published by the [to be negotiated], and made available at [to be identified]. Any price adjustment shall be based on the percentage change in the designated (i.e. indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date, subject to paragraph (e), below. if the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer, subject to paragraph (g), below. The adjusted prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. (c) Nothwithstanding the two economic price adjustments discussed above, the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur, the contracting officer will review requests to make adjustments, subject to the Government's examination of industry -wide market conditions and the conditions in paragraph (d) and (e), below. If adjustments are accepted, the contract will be modified accordingly. The determination of whether or not extra -ordinary circumstances exist rests with the contracting officer. The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d) Conditions of Price change requests under paragraphs b(2) and c above.: (1) No more than three increases will be considered during each succeeding 12 -month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of subparagraph (b)). (2) Increases are requested before the last 60 days of the contract period, including options (3) At least 30 days elapse between requested increases. (4) In any contract period during which price increases will be considered, the aggregate of the increases during any 12 -month period shall not exceed SEE CLAUSE NOTE percent (SEE CLAUSE NOTE%) of the contract unit price in effect at the end of the preceding 12 -month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (e) The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: (1) A copy of the index, survey or pricing indicator showing the price increase and the effective date. (2) Commercial Sales Practice format, per contract clause 52.215-21 Alternate IV, demonstrating the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Any other documentation requested by the Contracting Officer to support the reasonableness Page: 37 of 212 136 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G of the price increase. (f) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and (e) of this clause are satisfied; (2) Negotiate more favorable prices when the total increase requested is not supported; or, (3) Decline the price increase when the request is not supported. The Contractor may remove the item(s) from contract involved pursuant to the Cancellation Clause of this contract. (g) Effective Date of Increases: No price increase shall be effective until the Government receives the electronic file updates pursuant to GSAR 552.238-81, Modifications (Federal Supply Schedule). (h) All MAS contracts remain subject to contract clauses GSAR 552.238-75, "Price Reductions"; and 552.215-72, "Price Adjustment -- Failure to Provide Accurate Information." in the event the application of an economic price adjustment results in a price less favorable to the Government than the price relationship established during negotiation between the MAS price and the price to the designated customer, the Government will maintain the price relationship to the designated customer. Note: Regulation I -FSS -969 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause I -FSS -969 Alternate II. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) (a) Definitions. As used in this clause Gender identitti has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol. oe v/ofccp/LGBT/LGBT FAOs.html. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT FAOs.html. Page: 38 of 212 137 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015) (a) Definitions. As used in this clause — Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.eov/ofccp/LGBT/LGBT FAOs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dot. ovg /ofccp/LGBT/LGBT FAOs.html. (b) Requirement to notify. (1) It is a violation of Executive Order 11246 for a Contractor to refuse to employ any applicant or not to assign any person hired in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island, on the basis that the individual's race, color, religion, sex, sexual orientation, gender identity, or national origin is not compatible with the policies of the country where or for whom the work will be performed (41 CFR 60-1.10). (2) The Contractor shall notify the U.S. Department of State, Assistant Secretary, Bureau of Political -Military Affairs (PM), 2201 C Street NW., Room 6212, Washington, DC 20520, and the U.S. Department of Labor, Deputy Assistant Secretary for Federal Contract Compliance, when it has knowledge of any employee or potential employee being denied an entry visa to a country where this contract will be performed, and it believes the denial is attributable to the race, color, religion, sex, sexual orientation, gender identity, or national origin of the employee or potential employee. 552.223-73 PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS MATERIALS (HAZMAT) FOR SHIPMENTS (JUN 2015) (a) Definition. United States, as used in this clause, means the 48 adjoining U.S. States, Alaska, Hawaii, and U.S. territories and possessions, such as Puerto Rico. (b) Preservation, packaging, packing, marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable: (1) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization (IMO). (2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as Consumer Commodities classed as ORM–D, shall be packaged in accordance with the IMDG Code and dual -marked with both Consumer Commodity and IMDG marking and labeling.) (3) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200. Page: 39 of 212 138 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (4) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO, Technical Instructions. (5) AFMAN 24-204, Air Force Inter- Service Manual, Preparing Hazardous Materials For Military Air Shipments. (6) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract. (c) Preservation, packaging, packing, marking and labeling of hazardous materials for domestic shipments within the United States in all transport modes shall comply with the following; as applicable: (1) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (2) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200. (3) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation and contract. (d) Hazardous Material Packages designated for outside the United States destinations through Forwarding Points, Distribution Centers, or Container Consolidation Points (CCPs) shall comply with the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable. (e) The test certification data showing compliance with performance -oriented packaging or UN -approved packaging requirements shall be made available to GSA contract administration/management representatives or regulatory inspectors upon request. 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2014) (a) Definitions. As used in this clause — Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned — (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. Page: 40 of 212 139 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 552.228-5 GOVERNMENT AS ADDITIONAL INSURED (JAN 2016) (a) This clause supplements the requirements set forth in FAR clause 52.228-5, Insurance–Work on a Government Installation. (b) Each insurance policy required under this contract, other than workers' compensation insurance, shall contain an endorsement naming the United States as an additional insured with respect to operations performed under this contract. The insurance carrier is required to waive all subrogation rights against any of the named insured. 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016) (a) Definition. As used in this clause "Global warming potential" means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. "High global i-varming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (htW://ww,A.cpa.gov/snapO. "Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon. "Ozone-depleting substance," means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as — (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows: Warning Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. * The Contractor shall insert the name of the substance(s). (c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall — (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by — (i) Type of hydrofluorocarbon (e.g., HFC -134a, HFC -125, R-41OA, R -404A, etc.); (ii) Contract number; and Page: 41 of 212 140 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (iii) Equipment/appliance; (2) Report that information to the Contracting Officer for FY 16 and to www.sam.gov, for FY17 and after — (i) Annually by November 30 of each year during contract performance; and (ii) At the end of contract performance. (d) The Contractor shall refer to EPA's SNAP program (available at htm://www.epa.eov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at lrttn://www.el2a.aov/snap. (Nore: This is m FSS reproduction using word piocessinc soa,x- ) STANDARD FORM 1449 (10-95) (BACK) i -FSS -969 ECONOMIC PRICE ADJUSTMENT — FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE H — JUL 2016) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reductions clause. (b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described below. Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12 -month anniversary date of the contract effective date, subject to paragraph (t), below. (2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator, as used in this clause, means the originally released public index, public survey or other public -based market indicator. The market indicator shall be the originally released index, survey or market indicator, not seasonally adjusted, published by the [to be negotiated], and made available at [to be identified]. Any price adjustment shall be based on the percentage change in the designated (i.e. indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date, subject to paragraph (e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer, subject to paragraph (g), below. (c) Notwithstanding the two economic price adjustments discussed above, the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur, the contracting officer will review requests to make adjustments, subject to the Government's examination of industry -wide market conditions and the conditions in paragraph (d) and (e), below. if adjustments are accepted, the contract will be modified accordingly. The determination of whether or not extra -ordinary circumstances exist rests with the contracting officer. The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d) Conditions of Price change requests under paragraphs b(2) and c above: Page: 42 of 212 141 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) No more than three increases will be considered during each succeeding 12 -month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of subparagraph (b)). (2) Increases are requested before the last 60 days of the contract period, including options (3) At least 30 days elapse between requested increases. (4) in any contract period during which price increases will be considered, the aggregate of the increases during any 12 -month period shall not exceed SEE CLAUSE NOTE percent (SEE CLAUSE NOTE%) of the contract unit price in effect at the end of the preceding 12 -month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (e) The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: (1) A copy of the index, survey or pricing indicator showing the price increase and the effective date. (2) Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and (e) of this clause are satisfied; (2) Negotiate more favorable prices when the total increase requested is not supported; or, (3) Decline the price increase when the request is not supported. The Contractor may remove the item(s) from contract involved pursuant to the Cancellation Clause of this contract. (g) Effective Date of Increases: The increased contract prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation I -FSS -969 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. 552.216-70 ECONOMIC PRICE ADJUSTMENT — FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (DEVIATION 11— JUL 2016) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors may submit price decreases anytime during the contract period in which they occur. Page: 43 of 212 142 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met: (1) No more than three increases will be considered during each succeeding 12 -month period of the contract. For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b). (2) Increases are requested before the last 60 days of the contract period. (3) At least 30 days elapse between requested increases. (c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12 -month period shall not exceed SEE CLAUSE NOTE percent of the contract unit price in effect at the end of the preceding 12 -month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (d) Documentation supporting the reasonableness of the price increase shall be submitted with the request for a price increase. (e) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied; (2) Negotiate smaller increases when the total increase requested is not supported; or, (3) Remove the product(s) from contract invohed pursuant to the Cancellation Clause of this contract, when the increase requested is not supported. (t) The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation 552.216-70 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. 552.211-89 NON -MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JUL 2016) (a) Definitions: IPPC Countrv: Countries of the European Union (EU) or any other county endorsing the International Plant Protection Convention (IPPC) "Guidelines for Regulating Wood Packaging Material in International Trade," approved March 15, 2002. A listing of countries participating in the IPPC is found athttn:///Nvww.aphis.usda.gov/import export/plants/plants exports/wpm/country/index.shtml Non -Manufactured wood, is also called solid wood and defined as wood packing other than that Page: 44 of 212 143 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G comprised wholly of wood -based products such as plywood, particle board, oriented strand board, veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a combination thereof. Packaged material, and Solid Wood Packing Material (SWPM), for purposes of this clause, is defined as each separate and distinct material that by itself or in combination with other materials forms the container providing a means of protecting and handling a product. This includes, but is not limited to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids. (b) Non -manufactured wood pallets and other non -manufactured wood packaging material used to pack items for delivery to or through IPPC countries must be marked and properly treated in accordance with IPPC guidelines. (c) This requirement applies whether the shipment is direct to the end user or through a Government designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused entry, destroyed or treated prior to entry. (d) For Department of Defense distribution facilities or freight consolidation points, all non -manufactured wood pallets or packaging material with a probability of entering countries endorsing the IPPC Guidelines must be treated and marked in accordance with DLA 47.305-1 (available at htt2://farsite.hill.af.mil/archive/Dlad/Rev5/PART47.htm), and MIL -STD -2073-1, Standard Practice for Military Packaging (and any future revision). (e) Pallets and packing material shipped to FAS distribution facilities designated for possible delivery to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, and MIL -STD -2073-1. (f) Delays in delivery caused by non -complying pallets or wood package material will not be considered as beyond the control of the Contractor. Any applicable Government expense incurred as a result of the Contractor's failure to provide appropriate pallets or package material shall be reimbursed by the Contractor. Expenses may include the applicable cost for repackage, handling and return shipping, or the destruction of solid wood packaging material. 52.224-3 PRIVACY TRAINING (JAN 2017) (a) Definition. As used in this clause, "personally identifiable information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office ofManagemer:t and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource). (b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who– (1) Have access to a system of records; (2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or (3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105). (c) (1) Privacy training shall address the key elements necessary for ensuring the safeguarding of personally identifiable information or a system of records. The training shall be role -based, provide foundational as well as more advanced levels of training, and have measures in place to test the knowledge level of users. At a minimum, the privacy training shall cover — (i) The provisions of the Privacy Act of 1974 (5 U.S.C. 552a), including penalties for Page: 45 of 212 144 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G violations of the Act; (ii) The appropriate handling and safeguarding of personally identifiable information; (iii) The authorized and official use of a system of records or any other personally identifiable information; (iv) The restriction on the use of unauthorized equipment to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise access personally identifiable information; (v) The prohibition against the unauthorized use of a system of records or unauthorized disclosure, access, handling, or use of personally identifiable information; and (vi) The procedures to be followed in the event of a suspected or confirmed breach of a system of records or the unauthorized disclosure, access, handling, or use of personally identifiable information (see OMB guidance for Preparing for and Responding to a Breach of Personally Identifiable Information). (2) Completion of an agency -developed or agency -conducted training course shall be deemed to satisfy these elements. (d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer. (e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause. (f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will– (1) Have access to a system of records; (2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or (3) Design, develop, maintain, or operate a system of records. 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) (a) Definitions. As used in this clause — Reduced pavment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor. Untimely payment means a payment that is more than 90 days past due under the terms and conditions of a subcontract, for supplies and services for which the Government has paid the prime contractor. (b) Notice. The Contractor shall notify the Contracting Officer, in writing, not later than 14 days after — (1) A small business subcontractor was entitled to payment under the terms and conditions of the Page: 46 of 212 145 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G subcontract; and (2) The Contractor — (i) Made a reduced or untimely payment to the small business subcontractor; or (ii) Failed to make a payment, which is now untimely. (c) Content of notice. The Contractor shall include the reason(s) for making the reduced or untimely payment in any notice required under paragraph (b) of this clause. 52.222-26 EQUAL OPPORTUNITY (SEP 2016) (a) Definition. As used in this clause. "Compensation " means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions " means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if— (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.�-,ov/ofccp/LGBT/LGBT FAOs.html. "Sexual orientation " has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.eov/ofccp/LGBT/LGBT FAOs.html. "United States, " means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). Page: 47 of 212 146 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to — (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as apart of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by — (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bar -gaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, Page: 48 of 212 147 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G regulations, and orders of the Secretary of Labor (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO -1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shalt take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE -DELIVERY CONTRACTS (OCT 2016) (a) Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including constriction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. (b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1— September 301) under this contract for orders that exceed the thresholds established in 4.1703(a)(2). (c) The Contractor shall report the following information: Page: 49 of 212 148 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) Contract number and order number. (2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order. (3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. (4) Data reported by subcontractors under paragraph (f) of this clause. (d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sani.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15. (e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency. (f) (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report: (i) Subcontract number (including subcontractor name and unique entity identifier), and (ii) The number of first-tier subcontractor direct -labor hours expended on the services performed during the previous Govermnent fiscal year. (2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010. 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018) (a) Definitions. As used in this clause — Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor." Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor. (b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. Page: 50 of 212 149 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c). (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv) (A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contactor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed. (C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section Page: 51 of 212 150 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract. (vi) Upon discovery of failure to comply with subparagraphs (b)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under the contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. (d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to punish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. (e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f) Successor Contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed ander the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.lb(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, atter a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed ruder the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract Page: 52 of 212 151 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract. (h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of the service employee. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i) Records. (1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following: (i) For each employee subject to the Service Contract Labor Standards statute — (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. (iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4) The Contractor will permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except Page: 53 of 212 152 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly. (k) Withholding ofPayments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute. (m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Goverment prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent prime Contractor shall furnish to the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o) Ruling and Interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR Part 4. (p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the Page: 54 of 212 153 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student -learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student -learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (2) The Administrator will issue certificates under the statute for the employment of apprentices, student -learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. (r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under aprogram registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision — (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Labor Standards minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of 41 U.S.C. 6707(c). (t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes Page: 55 of 212 154 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Note: Regulation 52.222-41 NOTE: This clause does not apply to the following 5 subcategories under Large Category C - Furniture and Furnishings: Office Furniture; Healthcare Furniture; Household, Dormitory & Quarters Furniture; Packaged Furniture; Miscellaneous Furniture. 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018) (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements. (b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (c) The wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. if no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. (d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of: (1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour; (2) An increase or decrease wage determination otherwise applied to the contract by operation of law; or (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law. (e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit. (f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any Page: 56 of 212 155 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time -and -materials or labor -hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment in its effective date. (g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract. 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA -DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) (a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired# (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. (b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, httns://www.el2a.gov/smm/coml2rehensive-procurement-guideline-cl2g4nro,gram. The list of EPA -designated items is available at httns://www.epa.aov/smm/comprehensive-procurement-guideline-cp2g-program. (N,te: This is anFSS wproducdonusing -ad in—essigsoftiare) STANDARD FORM 1449 (10-95) (BACK) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (a) Definitions. As used in this provision — "Electronic Funds Transfer (EFT) indicator" means a four -character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. "Registered in the System for Award Management (SAM) " means that — (1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM,- (2) AM; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM Page: 57 of 212 156 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G registration process; and (4) The Government has marked the record "Active". "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM. (c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.eov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: (1) Company legal business name. (2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Sheet Address, City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company telephone number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). (d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See haus://www.sam.g2v for information on registration. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) (a) Definitions. As used in this clause — "Electronic Funds Transfer (EFT) indicator" means a four -character suffer to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32_11) for the same entity. Page: 58 of 212 157 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G "'Registered in the System for Award Management (SAM) " means that (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM) "means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance -related processes. It includes— (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor -submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first. (c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (d) (1) (i) if a Contractor has legally changed its business name or doing business as name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change -of -name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to — (A) Change the name in SAM; (B) Comply with the requirements of subpart 42_12 of the FAR; and Page: 59 of 212 158 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (4)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change -of -name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.cov. for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished. (e) Contractors may obtain additional information on registration and annual confirmation requirements at httos://www.sam.gLv. 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via htips://www.sam.gou. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments — (1) The non-public segment, into which Government officials and the Contractor post infornation, which can only be viewed by — (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly -available segment, to which all data in the non-public segment of FAP11S is automatically transferred after a waiting period of 14 calendar days, except for— (i) Past performance reviews required by subpart 42.15,- (ii) 2.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14 -calendar -day waiting period by the Page: 60 of 212 159 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The continents will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises thern. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either— (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM. (c)111echanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. Page: 61 of 212 160 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for— (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and— (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change ofEFT information by.financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM. 552.238-105 DELIVERIES BEYOND THE CONTRACTUAL PERIOD - PLACING OF ORDERS (MAY 2019) In accordance with Clause 552.238-113, Scope of Contract (Eligible Ordering Activities), this contract covers Page: 62 of 212 161 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G all requirements that may be ordered, as distinguished from delivered during the contract term. This is for the purpose of providing continuity of supply or operations by permitting ordering activities to place orders as requirements arise in the normal course of operations. Accordingly, any order mailed (or received, if forwarded by other 7 means than through the mail) to the Contractor on or before the expiration date of the contract, and providing for delivery within the number of days specified in the contract, shall constitute a valid order. 552.238-107 TRAFFIC RELEASE (SUPPLIES) (MAY 2019) Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions are received from GSA. To obtain shipping instructions, the Contractor shall forward completed copies of GSA Form 1611, Application for Shipping Instructions and Notice of Availability, to the GSA office designated on the purchase order at least 15 days prior to the anticipated shipping date. Copies of GSA Form 1611 will be furnished to the Contractor with the purchase order. Failure to comply with this requirement could result in nonacceptance of the material by authorities at the port of exportation. When supplies for export are ordered by other Government agencies the Contractor should obtain shipping instructions from the ordering agency. 552.238-86 DELIVERY SCHEDULE (MAY 2019) (a) Time of delivery. The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO) in the case of F.O.B. Destination prices; or to place of shipment in transit in the case of F.O.B. Origin prices, as set forth below. Offerors shall insert in the "Time of Delivery (days ARO)" column in the schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the Contractor's normal business practice. The Government requires the Contractor's normal delivery time, as long as it is less than the "stated" delivery time(s) shown below. If the Offeror does not insert a delivery time in the schedule of items, the Offeror will be deemed to offer delivery in accordance with the Government's stated delivery time, as stated below [The contracting officer shall insert the solicited items or Special Item Numbers (SIN) as well as a reasonable delivery time that corresponds with each item or SIN, if known]: Items or group of items (special item no. or nomenclature) Government's stated delivery time (days ARO) Contractor's delivery time (b) Expedited delivery times. For those items that can be delivered quicker than the delivery times paragraph (a) of this clause, the Offeror is requested to insert below, a time (hours/days ARO) that delivery can be made when expedited delivery is requested. Items or group of items (special item no. or nomenclature) Expedited delivery time (hours/days ARO) (c) Overnight and 2 -Day delivery times. Ordering activities may require overnight or 2 -day delivery. The Offeror is requested to annotate its price list or by separate attachment identify the items that can be delivered overnight or within 2 days. Contractors offering such delivery services will be required to state in the cover sheet to its FSS price list details concerning this service. 5.52.238-89 DELIVERIES TO THE U.S. POSTAL SERVICE (MAY 2019) Page: 63 of 212 162 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (a) Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted by the Contractor for the delivery of supplies to a USPS facility (consignee). (b)Mode/method of transportation. Unless the Contracting Officer grants a waiver of this requirement, any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS Other commercial services shall not be used, but this does not preclude the Contractor from making delivery by the use of the Contractor's own vehicles. (c) Time of delivery. Notwithstanding the required time for delivery to destination as may be specified elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days before the required delivery date, delivery shall be deemed to have been made timely. 552.238-90 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2019) Contractors supplying equipment which uses electrical current are required to supply equipment suitable for the electrical system at the location at which the equipment is to be used as specified on the order. 552.238-91 MARKING AND DOCUMENTATION REQUIREMENTS FOR SHIPPING (MAY 2019) (a) Responsibility. It shall be the responsibility of the ordering activity to determine the full marking and documentation requirements necessary under the various methods of shipment authorized by the contract. (b) Documentation. in the event the ordering activity fails to provide the essential information and documentation, the Contractor shall, within three days after receipt of order, contact the ordering activity and advise them accordingly. The Contractor shall not proceed with any shipment requiring transshipment via U.S. Government facilities without the prerequisites stated in paragraph (c) of this section. (c) Direct shipments. The Contractor shall mark all items ordered against this contract with indelible ink, paint or fluid, as follows: (1) Traffic Management or Transportation Officer at FINAL destination. (2) Ordering Supply Account Number. (3) Account number. (4) Delivery Order or Purchase Order Number. (5) National Stock Number, if applicable; or Contractor's item number. (6) Box of Boxes. (7) Nomenclature (brief description of items). 552.238-92 VENDOR MANAGED INVENTORY (Vl\H) PROGRAM (MAY 2019) (a) The term "Vendor Managed Inventory" describes a system in which the Contractor monitors and maintains specified inventory levels for selected items at designated stocking points. VMI enables the Page: 64 of 212 163 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Contractor to plan production and shipping more efficiently. Stocking points benefit from reduced inventory but steady stock levels. (b) Contractors that commercially provide a VMI -type system may enter into similar partnerships with ordering agencies under a Blanket Purchase Agreement. 552.238-93 ORDER ACKNOWLEDGMENT (MAY 2019) Contractors shall acknowledge only those orders which state "Order Acknowledgment Required." These orders shall be acknowledged within 10 calendar days after receipt. Such acknowledgment shall be sent to the ordering activity placing the order and contain information pertinent to the order, including the anticipated delivery date. 552.238-94 ACCELERATED DELIVERY REQUIREMENTS (MAY 2019) When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, the ordering activity is encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within three (3) business days after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 552.238-95 SEPARATE CHARGE FOR PERFORMANCE ORIENTED PACKAGING (POP) (MAY 2019) (a) Offerors are requested to list the hazardous material item to which the separate charge applies in the spaces provided in this paragraph or on a separate attachment. The final price shall be quoted separately at the order level and, if considered reasonable, will be accepted as part of the order. ITEMS SINS or Descriptive Name of Articles (as Charge for Performance Oriented appropriate) (b) Ordering activities will not be obligated to utilize the Contractor's services for Performance Oriented Packaging, and they may obtain such services elsewhere if desired. However, the Contractor shall provide items in Performance Oriented Packaging when such packing is specified on the delivery order. The Contractor's contract price and the charge for Performance Oriented Packaging will be shown as separate entries on the delivery order. 552.238-96 SEPARATE CHARGE FOR DELIVERY WITHIN CONSIGNEE'S PREMISES (MAY 2019) 538.273(d)[20) (a) Offerors are requested to insert, in the spaces provided below or by attachment hereto, a separate charge for "Delivery Within Consignee's Premises" applicable to each shipping container to be shipped. (Articles which are comparable in size and weight, and for which the same charge is applicable, should be grouped under an appropriate item description.) These additional charges will be accepted as part of the award, if considered reasonable, and shall be included in the Contractor's published catalog and/or price list. Page: 65 of 212 164 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (b) Ordering activities are not obligated to issue orders on the basis of "Delivery Within Consignee's Premises," and Contractors may refuse delivery on that basis provided such refusal is communicated in writing to the ordering activity issuing such orders within 5 days of the receipt of such order by the Contractor and provided further, that delivery is made in accordance with the other delivery requirements of the contract. Failure of the Contractor to submit this notification within the time specified shall constitute acceptance to furnish "Delivery Within Consignee's Premises" at the additional charge awarded. When an ordering activity issues an order on the basis of "Delivery Within Consignee's Premises" at the accepted additional charge awarded and the Contractor accepts such orders on that basis, the Contractor will be obligated to provide delivery "F.o.b. Destination, Within Consignee's Premises" in accordance with FAR 52.247-35, which is then incorporated by reference, with the exception that an additional charge as provided herein is allowed for such services. Unless otherwise stipulated by the Offeror, the additional charges awarded hereunder may be applied to any delivery within the 48 contiguous States and the District of Columbia. (c) When exercising their option to issue orders on the basis of delivery service as provided herein, ordering activities will specify "Delivery Within Consignee's Premises" on the order, and will indicate the exact location to which delivery is to be made. The Contractor's delivery price and the additional charge(s) for "Delivery Within Consignee's Premises" will be shown as separate entries on the order.. ITEMS (NSNs or Special Item Numbers or Descriptive Name of Additional Charge (Per shipping container) Articles) FOR "DELIVERY WITHIN CONSIGNEE'S PREMISES" 552.238-100 TRANSSHIPMENTS (MAY 2019) (a) The Contractor shall complete two (2) DD Forms 1387, Military Shipment Labels and, if applicable, four copies of DD Form 1387-2, Special Handling/Data Certification -used when shipping chemicals, dangerous cargo, etc. (1) Two copies of the DD Form 1387 will be attached to each shipping container delivered to the port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under the terms of this contract. (2) These forms will be attached to one end and one side, not on the top or bottom, of the container. (3) The Contractor will complete the bottom line of these forms, which pertains to the number of pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be rounded off to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) (b) In addition, if the cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387-2 will be attached to the container, and three copies will be famished to the Transportation Officer with the Bill of Lading. (c) Dangerous cargo will not be intermingled with non -dangerous cargo in the same container. (d) Copies of the above forms and preparation instructions will be obtained from the ordering activity issuing the Delivery Order. Reproduced copies of the forms are acceptable. (e) Failure to include DD Form 1387, and DD Form 1387-2, if applicable, on each shipping container will result in rejection of shipment by the port Transportation Officer. Page: 66 of 212 165 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 552.238-101 FOREIGN TAXES AND DUTIES (MAY 2019) Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government. (a) The Contractor warrants that such prices do not include any tax, duty, customs fees, or other foreign Governmental costs, assessments, or similar charges from which the U.S. Government is exempt. (b) Standard commercial export packaging, including containerization, if necessary, packaging, preservation, and/or marking are included in the pricing offered and accepted by the Government. 552.238-102 ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAY 2019) (a) All documents produced by the Contractor to fulfill requirements of this contract including, but not limited to, Federal Supply Schedule catalogs and price lists, must reflect all terms and conditions in the English language. (b) U.S. dollar equivalency, if applicable, will be based on the rates published in the "Treasury Reporting Rates of Exchange" in effect as of the date of the agency's purchase order or in effect during the time period specified elsewhere in this contract. 552.238-103 ELECTRONIC COMMERCE (MAY 2019) (a) General background. The Federal Acquisition Streamlining Act (FASA) of 1994 requires the Government to evolve its acquisition process from one driven by paper to an expedited process based on electronic commerce/electronic data interchange (EC/EDI). EC/EDI encompasses more than merely automating manual processes and eliminating paper transactions. EC/EDI improves business processes (e.g. procurement, finance, logistics) into a fully electronic environment and fundamentally changes the way organizations operate. (b) Trading partners and Value -Added Networks (VAN's). (1) Within the electronic commerce architecture, electronic documents (e.g., orders, invoices, etc.) are carried between the Federal Government's procuring office and Contractors (now known as "trading partners"). These transactions are carried by commercial telecommunications companies called Value -Added Networks (VAN's). (2) EDT can be performed using commercially available hardware, software, and telecommunications. The selection of a VAN is a business decision Contractors must make. There are many different VAN's which provide a variety of electronic services and different pricing strategies. If the VAN only provides communications services, you may also need a software translation package. (c) Registration instructions. To perform EDI with the Government, Contractors shall register as a trading partner. Contractors will provide regular business information, banking information, and EDI capabilities to all agencies in this single registration. A central repository of all trading partners is the Systems for Award Management (SAM) httn://www.sam.gov. Contractors shall follow the instructions on the SAM website regarding how to register for EDI. (d) Implementation conventions. All EDI transactions must comply with the Federal Implementation Conventions (ICs). The ICs are available on a registry maintained by the National Institute of Standards and Technology (NIST). It is accessible via the INTERNET at httn://www.nistgov/itl.1Cs are available for common business documents such as Purchase Order, Price Sales Catalog, Invoice, Request for Quotes, etc. (e) Additional information. GSA has additional information available for Contractors who are interested Page: 67 of 212 166 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G in using EC/EDI on its website, h=://www.gsa.g_ov. (f) GSA Advantage!® (1) GSA Advantage!® uses electronic commerce to receive catalogs, invoices and text messages; and to send purchase orders, application advice, and functional acknowledgments. GSA AdvantageM enables customers to: (i) Perform database searches across all contracts by manufacturer; manufacturer's model/part number; Contractor; and generic supply categories. (ii) Generate EDI delivery orders to Contractors, generate ED[ delivery orders from the Federal Supply Service to Contractors, or download files to create their own delivery orders. (iii) Use the credit card. (2) GSA Advantage! k may be accessed via the GSA Home Page. The Internet address is: httn://www. sg a.gov. 552.238-104 DISSEMINATION OF INFORMATION BY CONTRACTOR (MAY 2019) The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule contract award documents. However, it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the performance of the contract with the terms, conditions, pricing schedule, and other appropriate information. 552.238-106 INTERPRETATION OF CONTRACT REQUIREMENTS (MAY 2019) No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer or his designated representative. 552.238-112 DEFINITION (FEDERAL SUPPLY SCHEDULES) - NON-FEDERAL ENTITY (MAY 2019) Ordering activity (also called "ordering agency" and "ordering office") means an eligible ordering activity (see 552.238-113), authorized to place orders under Federal Supply Schedule contracts. 552.238-70 COVER PAGE FOR WORLDWIDE FEDERAL SUPPLY SCHEDULES (MAY 2019) FOR ALL GEOGRAPHIC AREAS Solicitation No. 47QSMD20R0001 Refresh 0018 Federal Supply Schedule Contract for All Geographic Areas. (a) Federal Supply Classification (FSC) GROUP: Various PART: Various SECTION: Various SUPPLY: Various FSC CLASS(ES)/PRODUCT CODE(S)/NA1CS: Various Page: 68 of 212 167 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (b) STANDARD INDUSTRY GROUP: Various SERVICE: Various SERVICE CODE(S)/NAICS: Various 552.238-79 CANCELLATION (MAY 2019) Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to cancel this contract, the Government will not reimburse the minimum guarantee. 552.238-81 PRICE REDUCTIONS (MAY 2019) (a) Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the customer (or category of customers) which will be the basis of award, and (2) the Government's price or discount relationship to the identified customer (or category of customers). This relationship shall be maintained throughout the contract period. Any change in the Contractor's commercial pricing or discount arrangement applicable to the identified customer (or category of customers) which disturbs this relationship shall constitute a price reduction. (b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions to the customer (or category of customers) that was the basis of award. The Contractor's report shall include an explanation of the conditions under which the reductions were made. (c) (1) A price reduction shall apply to purchases under this contract if, after the date negotiations conclude, the Contractor (i) Revises the commercial catalog, pricelist, schedule or other document upon which contract award was predicated to reduce prices; (ii) Grants more favorable discounts or terms and conditions than those contained in the commercial catalog, pricelist, schedule or other documents upon which contract award was predicated; or (iii) Grants special discounts to the customer (or category of customers) that formed the basis of award, and the change disturbs the price/discount relationship of the Government to the customer (or category of customers) that was the basis of award. (2) The Contractor shall offer the price reduction to the eligible ordering activity with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). (d) There shall be no price reduction for sales — (1) To commercial customers under firm, fixed-price definite quantity contracts with specified delivery in excess of the maximum order threshold specified in this contract; (2) To Federal agencies; (3) Made to Eligible Ordering Activities identified in GSAR Clause 552.238-113 when the order is placed under this contract (and the Eligible Ordering Activities identified in GSAR Clause 552.238-113 is the agreed upon customer or category of customer that is the basis of award); or (4) Caused by an error in quotation or billing, provided adequate documentation is furnished by the Contractor to the Contracting Officer. (e) The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at any time during the contract period. Page: 69 of 212 168 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (f) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. (g) The contract will be modified to reflect any price reduction which becomes applicable in accordance with this clause. Note: Regulation 552.238-81 This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-81 Alternate I. 552.238-81 PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - APR 2014) (a) The Government may request from the Contractor, and the Contractor may provide to the Government, a temporary or permanent price reduction at any time during the contract period. (b) The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. Note: Regulation 552.238-81 This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. .552.238-83 EXAMINATION OF RECORDS BY GSA (FEDERAL SUPPLY SCHEDULES) (MAY 2019) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall have access to and the right to examine any books, documents, papers and records of the contractor involving transactions related to this contract for overbillings, billing errors, compliance with contract clauses 552.238-81, Price Reductions and 552.238-80, Industrial Funding Fee and Sales Reporting. This authority shall expire 3 years after final payment. The basic contract and each option shall be treated as separate contracts for purposes of applying this clause. 552.238-84 DISCOUNTS FOR PROMPT PAYMENT (MAY 2019) (a) Discounts for early payment (hereinafter referred to as "discounts" or "the discount") will be considered in evaluating the relationship of the Offeror's concessions to the Government vis-a-vis the Offeror's concessions to its commercial and Federal non -schedule customers, but only to the extent indicated in this clause. (b) Discounts will not be considered to determine the low Offeror in the situation described in the "Offers on Identical Products" provision of this solicitation. (c) Uneconomical discounts will not be considered as meeting the criteria for award established by the Government. In this connection, a discount will be considered uneconomical if the annualized rate of return for earning the discount is lower than the "value of funds" rate established by the Department of the Treasury and published quarterly in the Federal Register. The "value of funds" rate applied will be the rate in effect on the date specified for the receipt of offers. (d) Discounts for early payment may be offered either in the original offer or on individual invoices Page: 70 of 212 169 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G submitted under the resulting contract. Discounts offered will be taken by the ordering activity if payment is made within the discount period specified. (e) Discounts that are included in offers become a part of the resulting contracts and are binding on the Contractor for all orders placed under the contract. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. (f) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made. 552.238-85 CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2019) (a) The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor has dealers that participate on the contract and the billing/payment process by the Contractor for sales made by the dealer is a significant administrative burden, the following alternative procedures may be used. Where dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor's name, the Contractor agrees to obtain from all dealers participating in the performance of the contract a written agreement, which will require dealers to (1) Comply with the same terms and conditions as the Contractor for sales made under the contract; (2) Maintain a system of reporting sales under the contract to the manufacturer, which includes (i) The date of sale; (ii) The ordering activity to which the sale was made; (iii) The service or supply/model sold; (iv) The quantity of each service or supply/model sold; (v) The price at which it was sold, including discounts; and (vi) All other significant sales data. (3) Be subject to audit by the Government, with respect to sales made under the contract; and (4) Place orders and accept payments in the name of the Contractor in care of the dealer. (b) An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of contract between dealers and the Government. 552.238-87 DELIVERY PRICES (MAY 2019) (a) Prices offered must cover delivery as provided below to destinations located within the 48 contiguous States and the District of Columbia. (1) Delivery to the door of the specified Government activity by freight or express common carriers on articles for which store -door delivery is provided, free or subject to a charge, pursuant to regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing such carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the Contractor's vehicle. Where store -door delivery is subject to a charge, the Contractor shall place Page: 71 of 212 170 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G the notation "Delivery Service Requested" on bills of lading covering such shipments, and pay such charge and add the actual cost thereof as a separate item to his invoice. (2) Delivery to siding at destinations when specified by the ordering office, if delivery is not covered under paragraph (a)(1) of this section. (3) Delivery to the freight station nearest destination when delivery is not covered under paragraph (a)(1) or (2) of this section. (b) The Offeror shall indicate in the offer whether or not prices submitted cover delivery f.o.b. destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico. (c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii, and the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following conditions will apply: (1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the transportation charges to be paid by the Government from point of exportation to destination in Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The Contractor shall add the actual cost of transportation to destination from the point of exportation in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be based upon the lowest regularly established rates on file with the Interstate Commerce Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body, or those published by the U.S. Postal Service; and must be supported by paid freight or express receipt or by a statement of parcel post charges including weight of shipment. (2) The right is reserved to ordering agencies to furnish Government bills of lading. 552.238-88 GSA ADVANTAGE!©. (MAY 2019) (a) The Contractor shall participate in the GSA Advantage!© online shopping service. lnformation and instructions regarding Contractor participation are contained in clause 552.238-103, Electronic Commerce. (b) The Contractor shall refer to contract clauses 552.238-77, Submission and Distribution of Authorized FSS Price Lists (which provides for submission of price lists on a common -use electronic medium), and 552.238-82, Modifications (which addresses electronic file updates). 552.238-97 PARTS AND SERVICE (MAY 2019) (a) For equipment under items listed in the schedule of items or services on which offers are submitted, the Contractor represents by submission of this offer that parts and services (including the performing of warranty or guarantee service) are now available from dealers or distributors serving the areas of ultimate overseas destination or that such facilities will be established and will be maintained throughout the contract period. if a new servicing facility is to be established, the facility shall be established no later than the beginning of the contract period. (b) Each Contractor shall be fully responsible for the services to be performed by the named servicing facilities, or by such facilities to be established, and fully guarantees performance of such services if the original service proves unsatisfactory. (c) Contractors are requested to provide the Ordering Activity, the names and addresses of all supply and service points maintained in the geographic area in which the Contractor will perform. Please indicate opposite each point whether or not a complete stock of repair parts for items offered is carried at that point, and whether or not mechanical service is available. Page: 72 of 212 171 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 552.238-98 CLAUSES FOR OVERSEAS COVERAGE (MAY 2019) (a) 52.214-34 Submission of Offers in the English Language (b) 52.214-35 Submission of Offers in U.S. Currency (c) 552.238-90 Characteristics of Electric Current (d) 552.238-91 Marking and Documentation Requirements Per Shipment (e) 552.238-97 Parts and Service (f) 552.238-99 Delivery Prices Overseas (g) 552.238-100 Transshipments (h) 552.238-101 Foreign Taxes and Duties (i) 52.247-34 FOB Destination 0) 52.247-38 FOB Inland Carrier, Point of Exportation (k) 52.247-39 FOB Inland Point, Country of Importation 552.238-99 DELIVERY PRICES OVERSEAS (MAY 2019) (a) Prices offered must cover delivery to destinations as provided as follows: (1) Direct delivery to consignee. F.O.B. Inland Point, Country of Importation (FAR 52.247-39). (Offeror should indicate countries where direct delivery will be provided.) (2) Delivery to overseas assembly point for transshipment when specified by the ordering activity, if delivery is not covered under paragraph (1), above. (3) Delivery to the overseas port of entry when delivery is not covered under paragraph (a)(] ) or (2) of this section. (b) Geographic area(s)/countries/zones which are intended to be covered must be identified in the offer. 52.216-32 TASK -ORDER AND DELIVERY -ORDER OMBUDSMAN (SEP 2019) (ALT I SEP 2019) (a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task -order and delivery -order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task -order and delivery -order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. [Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.] (b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., Page: 73 of 212 172 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G protests). (c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. (d) Contracts used by multiple agencies. (1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task -order and delivery -order Ombudsman for the ordering activity. (2) The ordering activity has designated the following task -order and delivery -order Ombudsman for this order: [The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.] (3) Before consulting with the task -order and delivery -order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task -order and delivery -order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. End of clause 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020) (a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3). (b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3). End of clause 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020) (a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to — Page: 74 of 212 173 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) Contracts that have been totally set aside for small business concerns; and (2) Orders set aside for small business concerns under multiple -award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. End of clause 552.238-77 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LISTS (MAR 2020) (a) The Contractor shall submit its Authorized Federal Supply Schedule Price List on a common -use electronic medium as prescribed by GSA. Some structured data entry in a prescribed format may be required. (b) Eligible ordering activities will utilize GSA's online shopping and ordering system to review a Contractors' price lists. End of clause Note: Regulation 552.238-77 Contractors must follow the detailed guidance and requirements provided in the Contract Requirements and Modification Guidance page (www.gsa.gov/mascontractrequirements) when submitting electronic data for inclusion on the GSA Advantage! website. 52.202-1 DEFINITIONS (JUN 2020) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless - (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; (d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or (e) The word or term defines an acquisition -related threshold, and if the threshold is adjusted for inflation as set forth in FAR LI 09(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d). 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) Page: 75 of 212 174 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (a) Definitions. As used in this clause: "Executive" means officers, managing partners, or any other employees in management positions. "First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. "Month of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. "Total compensation" means the cash and noncash dollar value earned by the executive dieing the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation -Stock Compensation. (3) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation which is not tax-qualif ed. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law, requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c) Nothing in this clause requires the disclosure of classified information. (d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (Federal Acquisition Regulation (FAR) provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if— (i) In the Contractor's preceding fiscal year, the Contractor received — (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and Page: 76 of 212 175 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a). 7800) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htW://www.sec.gov/answers/execoml2.htm.). (2) First-tier subcontract information. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, the Contractor shall report the following information at http://,Aww.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at httn://www.fsrs.gov to report the data.) (i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. (viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. (ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at htto://www.fsrs.gov, if - (i) in the subcontractor's preceding fiscal year, the subcontractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and Page: 77 of 212 176 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htW://www.sec.gov/answers/execoml2.htm.) (e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold specified in FAR 4.1403(a), on the date of subcontract award to avoid the reporting requirements in paragraph (d) of this clause. (f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRSdttabaseathtM://www.fsrs.go will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) (a) Definition. As used in this clause - Commercial and Government Entity (CAGE) code means - (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. (b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change -of -name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract. Page: 78 of 212 177 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dia.mil. Change requests to the CAGE master file are accepted from the entity identified by the code. (d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at httn://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at httl2s://el2ortal.nsl2a.nato.int/AC135Public/scage/CageList.asi2x to request CAGE changes. (e) Additional guidance for maintaining CAGE codes is available at httas://ca,2e.dla.mil. (1) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract. 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60— 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (a) Definitions. As used in this clause - "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (a) Definitions. As used in this clause, "active duty wartime or campaign badge veteran," "Armed Page: 79 of 212 178 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G Forces service medal veteran," "disabled veteran," "protected veteran," and "recently separated veteran," have the meanings given in Federal Acquisition Regulation (FAR) 22.1301. (b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on - (1) The total number of employees in the contractor's workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); (2) The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and (3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (c) The Contractor shall report the above items by filing the VETS -4212 "Federal Contractor Veterans' Employment Report" (see "VETS -4212 Federal Contractor Reporting" and "Filing Your VETS -4212 Report" at httpJ/wwm,.dol.,aov/vets/vets4212.htm). (d) The Contractor shalt file VETS -4212 Reports no later than September 30 of each year. (e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12—month period preceding the ending date selected for the report. Contractors may select an ending date - (1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Form 100). (f) The number of veterans reported must be based on data known to the contractor when completing the VETS -4212. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self -identify (in accordance with 41 CFR 60-300.42), voluntary self -disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212. (g) The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. 52.223-15 Energy Efficiency in Energy -Consuming Products (MAY 2020) (a) Definition. As used in this clause -- Energy-efficient product -- (1) Means a product that -- (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or (ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. Page: 80 of 212 179 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) The term "product" does not include any energy -consuming product or system designed or procured for combat or combat -related missions (42 U.S.C. 8259b). (b) The Contractor shall ensure that energy -consuming products are energy efficient products (i.e., ENERGY STAR products or FEMP-designated products) at the time of contract award, for products that are -- (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federally -controlled facility; (3) Furnished by the Contractor for use by the Government; or (4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. (c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless -- (1) The energy -consuming product is not listed in the ENERGY STAR© Program or FEMP; or (2) Otherwise approved in writing by the Contracting Officer. (d) Inforniation about these products is available for -- (1) ENERGY STAR© at http://www.energvstar.gov/products; and (2) FEMP at https://www.energy.gov/eere/fe=/energy-efficient-products-and-energy-saving-technologies 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (MaY 2020) (a) Definitions. As used in this clause -- Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Pub. L. 96-465) to be temporarily in charge of such a mission or office. Combatant eomniander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission. (b) General. (1) This clause applies when Contractor personnel are required to perform outside the United States -- (i) In a designated operational area during -- Page: 81 of 212 180 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (A) Contingency operations; (B) Humanitarian or peacekeeping operations; or (C) Other military operations; or military exercises, when designated by the Combatant Commander; or (ii) When supporting a diplomatic or consular mission -- (A) That has been designated by the Department of State as a danger pay post (see https://aol2rals.state.eov/)I or (B) That the Contracting Officer has indicated is subject to this clause. (2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians. (i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense. (ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment. (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract. (d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel in the designated operational area or supporting the diplomatic or consular mission are familiar with and comply with, all applicable -- (1) United States, host country, and third country national laws; (2) Treaties and international agreements; (3) United States regulations, directives, instructions, policies, and procedures; and (4) Force protection, security, health, or safety orders, directives, and instructions issued by the Chief of Mission or the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract. (e) Preliminary personnel requirements. (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract. (2) Before Contractor personnel depart from the United States or a third country, and before Contractor personnel residing in the host country begin contract performance in the designated operational area or supporting the diplomatic or consular mission, the Contractor shall ensure the Page: 82 of 212 181 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G following: (i) All required security and background checks are complete and acceptable. (ii) All personnel are medically and physically tit and have received all required vaccinations. (iii) All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor personnel to enter and exit the foreign country, including those required for in -transit countries. (iv) All personnel have received -- (A) A country clearance or special area clearance, if required by the chief of mission; and (B) Theater clearance, if required by the Combatant Commander. (v) All personnel have received personal security training. The training must at a minimum -- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery. (vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at httn://www.trave1.state. gov. (3) The Contractor shall notify all personnel who are not a host county national or ordinarily resident in the host country that -- (i) If this contact is with the Department of Defense, or the contact relates to supporting the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 et seq.); (ii) Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; and (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other United States Government missions outside the United States (18 U.S.C. 7(9)). Page: 83 of 212 182 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (f) Processing and departure points. The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to -- (1) Process through the departure center designated in the contract or complete another process as directed by the Contracting Officer; (2) Use a specific point of departure and transportation mode as directed by the Contracting Officer; and (3) Process through a reception center as designated by the Contracting Officer upon arrival at the place of performance. (g) Personnel data. (1) Unless personnel data requirements are otherwise specified in the contract, the Contractor shall establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort. (2) The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official. (h) Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause. (i) Weapons. (1) If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons -- (i) The Contracting Officer may authorize an approved Contractor to issue Contractor -owned weapons and ammunition to specified employees; or (ii) The To be determined at the task order level [Contracting Officer to spec individual, e.g., Contracting Off cer Representative, Regional Security Officer, etc,] may issue Government -furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (2) The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to carry a weapon is requested. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons -- (i) Are adequately trained to carry and use them -- (A) Safely; (B) With full understanding of, and adherence to, the tyles of the use of force issued by the Combatant Commander or the Chief of Mission; and (C) In compliance with applicable agency policies, agreements, rules, regulations, Page: 84 of 212 183 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding possession, use, safety, and accountability of weapons and ammunition. (4) Upon revocation by the Contracting Officer of the Contractor's authorization to possess weapons, the Contractor shall ensure that all Government -furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer. (5) Whether or not weapons are Government -furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (j) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance. (k) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, armbands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection treasures. (2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (1) Evacuation. (1) If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide to United States and third country national Contractor personnel the level of assistance provided to private United States citizens. (2) In the event of a non -mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer. (m) Personnel recoverv. (1) In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government will assist in personnel recovery actions. (2) Personnel recovery may occur through military action, action by non-governmental organizations, other Government -approved action, diplomatic initiatives, or through any combination of these options. (3) The Department of Defense has primary responsibility for recovering Dol) contract service employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive 2310.2, Personnel Recovery. (n) Notification and return ofpersonal effects. (1) The Contractor shall be responsible for notification of the employee -designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee -- Page: 85 of 212 184 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (i) Dies; (ii) Requires evacuation due to an injury; or (iii) Is isolated, missing, detained, captured, or abducted. (2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin. (o) Hortuary affairs. Mortuary affairs for Contractor personnel who die in the area of performance will be handled as follows: (1) If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (2) (i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause. (ii) In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State. (p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government -furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States -- (1) In a designated operational area during -- (i) Contingency operations; (ii) Humanitarian or peacekeeping operations;or (iii) Other military operations; or military exercises, when designated by the Combatant Commander; or (2) When supporting a diplomatic or consular mission -- (i) That has been designated by the Department of State as a danger pay post (see htWs://aol2rals.state.gov/):or (ii) That the Contracting Officer has indicated is subject to this clause. 52.216-18 ORDERING (AUG 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the Page: 86 of 212 185 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when-- (]) if sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) if sent by fax, the Government transmits the order to the Contractor's fax number; or (3) if sent electronically, the Government either -- (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. 52.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014) (a) The Contractor shall (1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self -insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C.1651, etseq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed; (2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS -202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203); (3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232); (4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419); (5) If controverting the right to compensation, submit Form LS -207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251); (6) Immediately upon making the first payment of compensation in any case, submit Form LS -206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234); (7) When payments are suspended or when making the final payment, submit Form LS -208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U. S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and (8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704. (b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see htta://www.dol. ov/owcp/dlhwc/Isdba.htm. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to Page: 87 of 212 186 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G which the Defense Base Act applies. (End of clause) (Note: This is an FSS reproduction using word processing software) STANDARD FORM 1449 (10-95) (BACK) 52.204-2 SECURITY REQUIREMENTS (MAR 2021) (a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret." (b) The Contractor shall comply with — (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and (2) Any revisions to that manual, notice of which has been furnished to the Contractor. (c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. (d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contact that involve access to classified information. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at h=s://home.treasuiy.izov/policy-issues/ financial -sane tions/specially-designated-nationals-and-blocked-persons-lis t-sdn-human-readable- lists. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at htWs://home.treasur�.gov/policy-issues/ office-of-forei gn-assets-control-sanctions-programs-and-information. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. 552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (a) Reaortin of'Federal SarI24)ly Schedule Sales. The Contractor shall report all contract sales under this contract as follows: (1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the Page: 88 of 212 187 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G nearest whole dollar, of all sales under this contract by calendar quarter (January 1 -March 31, April 1- June 30, July 1 -September 30, and October 1 -December 31). The dollar value of a sale is the price paid by the Schedule user for products and services on a Schedule task or delivery order The reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor's established commercial accounting practice. The acceptable points at which sales may be reported include— (i) Receipt of order; (ii) Shipment or delivery, as applicable; (iii) Issuance of an invoice; or (iv) Payment. (2) Contract sales shall be reported to Federal Acquisition Services (FAS) within 30 calendar days following the completion of each reporting quarter. The Contractor shall continue to furnish quarterly reports, including "zero" sales, through physical completion of the last outstanding task order or delivery order of the contract. (3) ) Reportable sates under the contract are those resulting from sales of contract items to authorized users unless the purchase was conducted pursuant to a separate contracting authority such as a Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non -FAR contract. Sales made to state and local governments under Cooperative Purchasing authority shall be counted as reportable sales for IFF purposes. (4) The Contractor shall electronically report the quarterly dollar value of sales, including "zero" sales, by utilizing the automated reporting system at an Internet website designated by the General Services Administration (GSA)'s Federal Acquisition Service (FAS). Prior to using this automated system, the Contractor shall complete contract registration with the FAS Vendor Support Center (VSC). The website address, as well as registration instructions and reporting procedures, will be provided at the time of award. The Contractor shall report sales separately for each National Stock Number (NSN), Special Item Number (SIN), or sub -item. (5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars using the "Treasury Reporting Rates of Exchange" issued by the U.S. Department of Treasury, Financial Management Service. The Contractor shall use the issue of the Treasury report in effect on the last day of the calendar quarter. The reportis available from Financial Management Service, International Funds Branch, Telephone: (202) 874-7994, Internet: httn:/hvww.fiscal.treasuiv.Eov/fsret)orts/rot/treasRntRateExcli/treasRntRateExcli home.htm. (b) The Contractor shall remit the IFF at the rate set by GSA's FAS. (1) The Contractor shall remit the IFF to FAS in U.S. dollars within 30 calendar days after the end of the reporting quarter; final payment shall be remitted within 30 days after physical completion of the last outstanding task order or delivery order of the contract. (2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at the discretion of GSA's FAS. GSA's FAS has the unilateral right to change the percentage at any time, but not more than once per year. FAS will provide reasonable notice prior to the effective date of the change. The IFF reimburses FAS for the costs of operating the Federal Supply Schedules Program. FAS recoups its operating costs from ordering activities as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating revenues generated by the 1FF are also applied to fund initiatives benefitting other authorized FAS programs, in accordance with 40 U.S.C. 321. Offerors must include the IFF in their prices. The fee is included in the award price(s) and reflected in the total amount charged to ordering activities. FAS will post notice of the Page: 89 of 212 188 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G current IFF at httns://srp.fas.gsa.gov/ or successor website as appropriate. (c) Within 60 days of award, an FAS representative will provide the Contractor with specific written procedural instructions on remitting the IFF. FAS reserves the unilateral right to change such instructions from time to time, following notification to the Contractor. (d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Goverment under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for cause. End of Clause Note: Regulation 552.238-80 FSS contractors are required to report sales and remit IFF for Schedule items sold via FedMall, just as they would for any other Schedule sale. FedMall sales of Schedule items are treated no differently than sales earned via GSA Advantage! or from orders directly placed by an ordering activity. This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-80 Alternate I. 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) (ALTERNATE I - JUL 1995) (a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (if none insert identification No. None) (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. Page: 90 of 212 189 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government's rights in data famished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to— (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause. (1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer. (2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope. Note: Regulation 52.223-3 Safety Data Sheets, hazardous material labels and other relevant data should not be submitted to the MAS Contracting Officer. This information should be provided directly to the ordering activity in accordance with this clause. 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2021) Page: 91 of 212 190 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (DEVIATION FAR 52.252-6) (a) Deviations to FAR clauses. This solicitation or contract identifies any authorized deviation to a Federal Acquisition Regulation (FAR) (48 CFR chapter 1) clause by the addition of "(DEVIATION FAR (clause number))" after the date of the clause. (b) Deviations to GSAR clauses. This solicitation or contract identifies any authorized deviation to a General Services Administration Acquisition Regulation (CSAR) (48 CFR chapter 5) clause by the addition of "(DEVIATION)" after the date of the clause. (c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations. (End of Clause) 52.245-1 GOVERNMENT PROPERTY (SEP 2021) (a) Definitions. As used in this clause- Cannihalize means to remove parts from Government property for use or for installation on other Government property. Contractor -acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. Contractor inventory means - (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (3) Government-fm-nished property that exceeds the amounts needed to complete full performance under the entire contract. Contractor's managerial personnel means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of - (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location; or (3) A separate and complete major industrial operation. Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received. Equipment means a tangible item that is functionally complete for its intended purpose, durable, Page: 92 of 212 191 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling. Government furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government -furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government -furnished property also includes contractor -acquired property if the contractor -acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. Government property means all property owned or leased by the Government. Government property includes both Government- furnished and Contractor -acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software. Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government's expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to - (1) Items that cannot be found after a reasonable search; (2) Theft; (3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or (4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair. Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property. Nonseverable means property that cannot be removed atter construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium. Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re -melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings. Property means all tangible property, both real and personal. Property Administrator means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property. Provide means to furnish, as in Government -furnished property, or to acquire, as in Page: 93 of 212 192 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G contractor -acquired property. Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20) Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. Unit acquisition cost means - (1) For Government -furnished property, the dollar value assigned by the Government and identified in the contract; and (2) For contractor -acquired property, the cost derived from the Contractor's records that reflect consistently applied generally accepted accounting principles. (b) Property management (1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation). (2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property tinder the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause). (3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance. (4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator. (c) Use of Government property. (1) The Contractor shall use Goveniment property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. (2) Modifications or alterations of Government property are prohibited, unless they are - (i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions; (ii) Required for normal maintenance; or Page: 94 of 212 193 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (iii) Otherwise authorized by the Contracting Officer. (3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer. (d) Government -furnished property. (1) The Government shall deliver to the Contractor the Government -furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government -furnished property do not apply to property acquired or fabricated by the Contractor as contractor -acquired property and subsequently transferred to another contract with this Contractor. (2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government -furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract. (i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract. (ii) In the event property is received by the Contractor, or for Government -furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause). (iii) The Government may, at its option, furnish property in an "as -is" condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense. (3) (i) The Contracting Officer may by written notice, at any time - (A) Increase or decrease the amount of Government -furnished property under this contract; (B) Substitute other Government -furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or (C) Withdraw authority to use property. (ii) Upon completion of any actions) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract. (e) Title to Government propero,. (1) All Government -furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), is subject to the provisions of this clause. The Government shall retain title to all Government -furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its Page: 95 of 212 194 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G identity as personal property by being attached to any real property (2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government -furnished property. (3) Title under, Cost -Reimbursement or Time -and -Material Contracts or Cost -Reimbursable line items under Fixed -Price contracts. (i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property. (ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon - (A) Issuance of the property for use in contract performance; (B) Commencement of processing of the property for use in contract performance; or (C) Reimbursement of the cost of the property by the Government, whichever occurs first. (f) Contractor plans and systems (1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes: (i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations. (ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment. (A) Government furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government -furnished property. (B) Contractor -acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor -acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs. (iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government -furnished and Contractor -acquired property. (A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following: Page: 96 of 212 195 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and conditions of the contract. (2) Quantity received (or fabricated), issued, and balance -on -hand. (3) Unit acquisition cost. (4) Unique -item identifier or equivalent (if available and necessary for individual item tracking). (5) Unit of measure. (6) Accountable contract number or equivalent code designation. (7) Location. (8) Disposition. (9) Posting reference and date of transaction. (10) Date placed in service (if required in accordance with the terms and conditions of the contract) (B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. (iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract). (v) Subcontractor control. (A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property. (B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor's property management system. (vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self -assessments, corrective actions, and other property -related reports as directed by the Contracting Officer. (vii) Relief ofsteivardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations. (A) This process shall include the corrective actions necessary to prevent recurrence. (B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information: Page: 97 of 212 196 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) Date of incident (if known). (2) The data elements required under (f)(1)(iii)(A). (3) Quantity. (4) Accountable contract number. (5) A statement indicating current or future need. (6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs. (7) All known interests in commingled material of which includes Government material. (8) Cause and corrective action taken or to be taken to prevent recurrence. (9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated. (10) Copies of all supporting documentation. (11) Last known location. (12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified. (C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when - (1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator; (2) Propelty Administrator grants relief of responsibility and liability for loss of Government property; (3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or (4) Property is disposed of in accordance with paragraphs Q) and (k) of this clause. (viii) Utilizing Government property. (A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance. (B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government. (ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation. Page: 98 of 212 197 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs. (2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment. (g) Systems analysis (1) The Government shall have access to the Contractor's premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor's property management plants), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor's consent, all subcontractor premises. (2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded. (3) Should it be determined by the Government that the Contractor's (or subcontractor's) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administrator and take all necessary corrective actions as specified by the schedule within the corrective action plan. (h) Contractor Liability for Government Property. (1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property furnished or acquired under this contract, except when any one of the following applies - (i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19. (ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel. (iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor's property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. if the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs. (3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss of Government property. (4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the Contractor is financially liable for such loss, as directed by the Contracting Officer. Page: 99 of 212 198 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (5) Upon the request of the Contracting Officer, the Contractor shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery. (i) Equitahle adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following: (1) Any delay in delivery of Government -furnished property. (2) Delivery of Government -furnished property in a condition not suitable for its intended use. (3) An increase, decrease, or substitution of Government -furnished property. (4) Failure to repair or replace Government property for which the Government is responsible. (j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer or authorizing official. (1) Predisposal requirements. (i) If the Contractor determines that the property has the potential to fulfill requirements under other contracts, the Contractor, in consultation with the Property Administrator, shall request that the Contracting Officer transfer the property to the contract in question, or provide authorization for use, as appropriate. In lieu of transferring the property, the Contracting Officer may authorize the Contractor to credit the costs of Contractor -acquired property (material only) to the losing contract, and debit the gaining contract with the corresponding cost, when such material is needed for use on another contract. Property no longer needed shall be considered contractor inventory. (ii) For any remaining Contractor -acquired property, the Contractor may purchase the property at the unit acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier's customary practices.) (2) Inventory disposal schedules. (i) Absent separate contract terms and conditions for property disposition, and provided the property was not reutilized, transferred, or otherwise disposed of, the Contractor, as directed by the Plant Clearance Officer or authorizing official, shall use Standard Form 1428, Inventory Disposal Schedule or electronic equivalent, to identify and report - (A) Government -furnished property that is no longer required for performance of this contract; (B) Contractor -acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and (C) Termination inventory. (ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government, in the event that the property is offered for sale. (iii) Separate inventory disposal schedides are required for aircraft in any condition, flight safety critical aircraft parts, and other items as directed by the Plant Clearance Officer. Page: 100 of 212 199 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (iv) The Contractor shall provide the information required by FAR 52.245- 1 (f)(1)(iii) along with the following: (A) Any additional information that may facilitate understanding of the property's intended use. (B) For work -in -progress, the estimated percentage of completion. (C) For precious metals in raw or bulk form, the type of metal and estimated weight. (D) For hazardous material or property contaminated with hazardous material, the type of hazardous material. (E) For metals in mill product form, the form, shape, treatment, hardness, temper, specification (commercial or Government) and dimensions (thickness, width and length). (v) Property with the same description, condition code, and reporting location may be grouped in a single line item. (vi) Scrap should be reported by "lot" along with metal content, estimated weight and estimated value. (3) Submission requirements. (i) The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than - (A) 30 days following the Contractor's determination that a property item is no longer required for performance of this contract; (B) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or (C) 120 days, or such longer period as may be approved by the Termination Contracting Officer, following contract termination in whole or in part. (ii) Unless the Plant Clearance Officer determines otherwise, the Contractor need not identify or report production scrap on inventory disposal schedules, and may process and dispose of production scrap in accordance with its own internal scrap procedures. The processing and disposal of other types of Government-owned scrap will be conducted in accordance with the terms and conditions of the contract or Plant Clearance Officer direction, as appropriate. (4) Corrections. The Plant Clearance Officer may - (i) Reject a schedule for cause (e.g., contains errors, detennined to be inaccurate); and (ii) Require the Contractor to correct an inventory disposal schedule. (5) Post submission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule. (6) Storage. (i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions. The Government's failure to f rmish disposal instructions within 120 days Page: 101 of 212 200 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G following acceptance of an inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121 st day. (ii) The Contractor shall obtain the Plant Clearance Officer's approval to remove property from the premises where the property is currently located prior to receipt of final disposition instructions. if approval is granted, any costs incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage area shall be appropriate for assuring the property's physical safety and suitability for use. Approval does not relieve the Contractor of any liability for such property under this contract. (7) Disposition instructions. (i) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by the Plant Clearance Officer. Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal. (ii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause. (8) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts. (9) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory disposal schedules to the Contractor in accordance with the requirements of paragraph 0)(3) of this clause. (k) Abandonment of Government property. (1) The Government shall not abandon sensitive property or termination inventory without the Contractor's written consent. (2) The Government, upon notice to the Contractor, may abandon any nonsensitive property in place, at which time all obligations of the Government regarding such property shall cease. (3) Absent contract terms and conditions to the contrary, the Government may abandon parts removed and replaced from property as a result of normal maintenance actions, or removed from property as a result of the repair, maintenance, overhaul, or modification process. (4) The Government has no obligation to restore or rehabilitate the Contractor's premises under any circumstances; however, if Government -furnished property is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (i) of this clause may properly include restoration or rehabilitation costs. (1) Communication. All communications under this clause shall be in writing (m) Contracts outside the United States. if this contract is to be performed outside of the United States and its outlying areas, the words "Government" and "Government -furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government -furnished," respectively. (End of clause) 52.219-33 NONMANUFACTURER RULE (SEP 2021) Page: 102 of 212 201 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (a) Definitions. As used in this clause Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item. Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce. (b) Applicability (1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item. (2) This clause applies to— (i) Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(x)(3); (ii) Contracts that have been awarded on a sole -source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (iii) Orders expected to exceed the simplified acquisition threshold and that are (A) Set aside for small business under multiple -award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (B) Issued directly to a small business concern under multiple -award contracts as described in 19.504(c)(1)(ii); (iv) Orders, regardless of dollar value, that are— (A) Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple award contracts as described in 8.405-5 and l 6.505(b)(2)(i)(F); or (B) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple -award contracts as described in 19.504(c)(1)(ii); and (v) Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference. (c) Requirements. (1) The Contractor shall— (i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States Page: 103 of 212 202 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G or its outlying areas by small business concerns. (End of clause) 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (SEP 2021) (a) "Failure to make a good faith effort to comply with the subcontracting plan," as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan," or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan (see 19.705-7), established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. lf, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. End of Clause 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) (a) Definitions. As used in this clause– Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. Full cooperation - (1) Means disclosure to the Government of the information sufficient for law enforcement to Page: 104 of 212 203 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information; (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require — (i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from - (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. United States means the 50 States, the District of Columbia, and outlying areas. (b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall - (i) Have a written code of business ethics and conduct; (ii) Make a copy of the code available to each employee engaged in performance of the contract. (2) The Contractor shall - (i) Exercise due diligence to prevent and detect criminal conduct; and (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed - (A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or Page: 105 of 212 204 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733). (ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period: (1) An ongoing business ethics awareness and compliance program. (i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities. (ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors. (2) An internal control system. (i) The Contractor's internal control system shall — (A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and (B) Ensure corrective measures are promptly instituted and carried out. (ii) At a minimum, the Contractor's internal control system shall provide for the following: (A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system. (B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct. (C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including - Page: 106 of 212 205 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) Monitoring and auditing to detect criminal conduct; (2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and (3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process. (D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. (E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct. (F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). (1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation. (2) If the violation relates to an order against a Governmentwide acquisition contract, a multi -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers. (3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract. (4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause. (G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions. (d) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and have a performance period of more than 120 days. (2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Page: 107 of 212 206 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Inspector General, with a copy to the Contracting Officer. 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) (a) Definitions. As used in this clause — Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information Page: 108 of 212 207 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (a) Definitions. As used in this clause - Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means - (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Page: 109 of 212 208 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Critical technology means - (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled - (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third -party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication Page: 110 of 212 209 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing - (1) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at httpsJ/dibnet.dod.rnil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at httns://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services. Page: 111 of 212 210 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) (a) Definition. "Commercially available off-the-shelf (COTS)" item, as used in this clause - (1) Means any item of supply (including construction material) that is - (i) A commercial product (as defined in paragraph (1) of the definition of "commercial product in Federal Acquisition Regulation (FAR) 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. (b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that— (1) hat (1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and (2) Is not a subcontract for commercially available off-the-shelf items. Page: 112 of 212 211 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 552.238-111 ENVIRONMENTAL PROTECTION AGENCY REGISTRATION REQUIREMENT (JAN 2022) (a) With respect to the products described in this solicitation which require registration with the Environmental Protection Agency (EPA), as required by the Federal Insecticide, Fungicide, and Rodenticide Act, Section 3, Registration of Pesticides, awards will be made only for such products that have been assigned an EPA registration number, prior to the time of bid opening. (b) The offeror shall insert in the spaces provided in this section, the manufacturer's and/or distributor's name and the "EPA Registration Number" for each item offered. Any offer which does not specify a current "EPA Registration Number" in effect for the duration of the contract period, and including the manufacturer's and/or distributor's name will be rejected. Items Item Numbers Name of Manufacturer / Distributor EPA Registration Number Date of Expiration (c) If, during the performance of a contract awarded as a result of this solicitation, the EPA Registration Number for products being furnished is terminated, withdrawn, canceled, or suspended, and such action does not arise out of causes beyond the control, and with the fault or negligence of the Contractor or subcontractor, the Government may terminate the contract pursuant to either the Default Clause or Termination for Cause Paragraph (contained in the clause 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services), whichever is applicable to the resultant contract. 552.238-114 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (JAN 2022) (a) If an entity identified in paragraph (d) of the clause at 552.238-113, Scope of Contract (Eligible Ordering Activities), elects to place an order under this contract, the entity agrees that the order shall be subject to the following conditions: (1) When the Contractor accepts an order from such an entity, a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause, the patent indemnity clause, and the portion of the Commercial Product and Commercial Service Contract Terms and Conditions that specifies "Compliance with laws unique to Government contracts" (which applies only to contracts with entities of the Executive branch of the U.S. Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor. The U.S. Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, parties to this new contract are encouraged to resolve disputes through Alternative Dispute Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party. (2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA, that shall mean the individual responsible for placing the order for the ordering activity (e.g., FAR 52.212-4 at paragraph (f) and FSS clause I -FSS -249 B.) (3) As a condition of using this contract, eligible ordering activities agree to abide by all terms and conditions of the Schedule contract, except for those deleted clauses or portions of clauses Page: 113 of 212 212 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G mentioned in paragraph (a)(I) of this clause. Ordering activities may include terms and conditions required by statute, ordinance, regulation, order, or as otherwise allowed by State and local government entities as a part of a statement of work (SOW) or statement of objective (SOO) to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in entering into an agreement for the ordering activity to purchase goods or services from the Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any secondary capacity, or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party. (4) The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5 -day period. (6) The supplies or services purchased will be used for governmental proposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property. (b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause at 552.238-113, Scope of Contract (Eligible Ordering Activities), the Contractor agrees to the following conditions: (1) The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall decline the order using the same means as those used to place the order. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5 -day period. (c) In accordance with clause 552.238-80, Industrial Funding Fee and Sales Reporting, the Contractor must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the Contractor must report two dollar values for each Special Item Number: (1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-113, Scope of Contract (Eligible Ordering Activities), and (2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-113 Scope of Contract (Eligible Ordering Activities). 552.238-82 MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020) (a) General. The Contractor may request a contract modification by transmitting a request to the Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every request shall describe the proposed change(s) and provide the rationale for the requested change(s). (b) Types of Modifications. (1) Additional items/additional S1Ns. When requesting additions, the following information Page: 114 of 212 213 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G must be transmitted: (i) Information requested in paragraphs (1) and (2) of the Commercial Sales Practice Format to add SINS. (ii) Discount inforniation for the new items(s) or new SIN(s). Specifically, transmit the information requested in paragraphs 3 through 5 of the Commercial Sales Practice Format. if this information is the same as the initial award, a statement to that effect may be transmitted instead. (iii) Information about the new item(s) or the item(s) under the new SIN(s) must be transmitted in accordance with the request for proposal. (iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be transmitted in accordance with the request for proposal. (v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be transmitted if required by 52.215- 6, Place of Performance. (vi) Hazardous Material information (if applicable) must be transmitted as required by FAR 52.223-3 (Alternate I), Hazardous Material Identification and Material Safety Data. (vii) Any information requested by 52.212-3(f), Offeror Representations and Certifications Commercial Products and Commercial Services, that may be necessary to assure compliance with FAR 52.225-1, Buy American Act Balance ofPavrnents Programs—Supplies. (2) Deletions. The Contractors shall provide an explanation for the deletion. The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period, if the contracting officer finds the higher price to be unreasonable when compared with the deleted item. (3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item (i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-81. If the Price reduction falls under item (i), the Contractor shall transmit a copy of the dated conunercial price list. If the price reduction falls under item (ii) or (iii), the Contractor shall transmit a copy of the applicable price list(s), bulletins or letters or customer agreements which outline the effective date, duration, terms and conditions of the price reduction. (c) Effective dates. The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-81. (d) Electronic File Updates. The Contractor shall update electronic file transmissions to reflect all modifications. For additional items or SINS, the Contractor shall obtain the Contracting Officer's approval before transmitting changes. Contract modifications will not be made effective until the Government receives the electronic file updates. The Contractor may transmit price reductions, item deletions, and corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-81. (e) Electronic transmission of modification requests is mandatory via eMod (htto://eOffer.gsa.gov), unless otherwise stated in the electronic transmission standards and requirements at the Vendor Support Center website (httn://vse.gsa.gov). If the electronic transmission standards and requirements information is updated at the Vendor Support Center website, Contractors will be notified prior to the effective date of the change. End of clause Page: 115 of 212 214 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Note: Regulation 552.238-82 This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-82 Alternate 11, 552.238-82 MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE Il MAY 2019) (a) General. The Contractor may request a contract modification by transmitting a request to the Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every request shall describe the proposed change(s) and provide the rationale for the requested change(s). (b) Types ofModi(ications. (1) Additional items/additional SINS. When requesting additions, the Contractor must transmit the following information: (i) Information about the new item(s) or the item(s) under the new SIN(s) must be submitted in accordance with the instructions in the solicitation. (ii) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted in accordance with the request for proposal. (iii) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted if required by FAR 52.215-6, Place of Performance. (iv) Hazardous Material information (if applicable) must be submitted as required by FAR 52.223-3 (Alternate 1), Hazardous Material Identification and Material Safety Data. (v) Any information requested by FAR 52.212-3(f), Offeror Representations and Certifications -Commercial Products and Commercial Services, that may be necessary to assure compliance with FAR 52.225-1, Buy American Act -Balance of Payments Programs -Supplies. (2) Deletions. The Contractor must provide an explanation for the deletion. The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period, if the Contracting Officer determines that the higher price is unreasonable compared to the price of the deleted item. (c) Effective dates. The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-81. (d) Electronic File Updates. The Contractor shall update electronic file transmissions to reflect all modifications. For additional items or SINS, the Contractor shall obtain the Contracting Officer's approval before transmitting changes. Contract modifications will not be made effective until the Government receives the electronic file updates. The Contractor may transmit price reductions, item deletions, and corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-81. End of clause Note: Regulation 552.238-82 This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Page: 116 of 212 215 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 552.238-78 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (JAN 2022) (a) Several laws, Executive orders, and Agency directives require Federal buyers to purchase products that are less harmful to the environment, when they are life cycle cost-effective (see FAR Subpart 23.7). The U.S. General Services Administration (GSA) requires contractors to highlight environmental products under Federal Supply Service schedule contracts in various communications media (e.g., publications and electronic formats). (b) Definitions. As used in this clause — "Energy-efficient product" means a product that– (1) hat (1) Meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR® trademark label; or (2) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. "GSA Advantage!" is an on-line shopping mall and ordering system that provides customers with access to products and services under GSA contracts. "Other environmental attributes" refers to product characteristics that provide environmental benefits, excluding recovered materials and energy and water efficiency. Several examples of these characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile organic compounds (VOCs). "Post -consumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is part of the broader category of "recovered material." The Environmental Protection Agency (EPA) has developed a list of EPA -designated products in their Comprehensive Procurement Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on specific products in a Recovered Materials Advisory Notice (RMAN). The RMAN contains recommended recovered and post -consumer material content levels for the specific products designated by EPA (40 CFR part 247 and htta://www.epa.eov/cpm. "Recovered materials" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process (Executive Order 13101 and 42 U.S.C. 6903(19) and http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR 11.301 (42 U.S.C. 6962(h)). "Remanufactued" means factory rebuilt to original specifications. "Renewable energy" means energy produced by solar, wind, geothermal, and biomass power "Renewable energy technology" means – (1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or electrical energy for use in facilities or other activities; or (2) The use of integrated whole -building designs that rely upon renewable energy resources, including passive solar design. (c) Identification Requirements. (1) The offeror must identify products that— Page: 117 of 212 216 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (i) Are compliant with the recovered and post -consumer material content levels recommended in the Recovered Materials Advisory Notices (RMANs) for EPA -designated products in the CPC program (http://www.epa.gov/cpg/); (ii) Contain recovered materials that either do not meet the reconunended levels in the RMANs or are not EPA -designated products in the CPG program (see FAR 23.401 and http://www.epa.gov/cpg/); (iii) Are energy-efficient, as defined by either ENERGY STAR® and/or FEMP's designated top 25th percentile levels (see ENERGY STARR at http://www.energystar.gov/ and FEMP at http://www.cere.energy.gov/femp/procurement/); (iv) Are water -efficient (v) Use renewable energy technology; (vi) Are remanufactured; and (vii) Have other environmental attributes. (2) These identifications must be made in each of the offeror's following mediums (i) The offer itself. (ii) Printed commercial catalogs, brochures, and pricelists. (iii) Online product website. (iv) Electronic data submission for GSA Advantage! submitted via GSA's Schedules Input Program (SIP) software or the Electronic Data Inter -change (EDI). Offerors can use the SIP or EDI methods to indicate environmental and other attributes for each product that are translated into respective icons in GSA Advantage!. (d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental Marketing Claims). The Government will accept an offeror's claim of an product's environmental attribute on the basis of— ([) Participation in a Federal agency sponsored program (e.g., the EPA and DOE ENERGY STARS product labeling program); (2) Verification by an independent organization that specializes in certifying such claims; or (3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other evidence to be "competent and reliable," it must have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) (ALTERNATE I-NOV 2021) (a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any Page: 118 of 212 217 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial products or commercial services). the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial product(s) and commercial service(s). (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) (a) Definitions. As used in this clause - Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization. Coercion means - (1) Threats of serious harm to or physical restraint against any person,- (2) erson; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercially available off=the-shelf (COTS) item - (1) Means any item of supply (including construction material) that is - (i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of Page: 119 of 212 218 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Emplovee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly providing or obtaining the labor or services of a person - (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of - (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. Recruitment ftes means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee. (1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for - (i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees; (ii) Advertising; (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government -mandated fees, such as border crossing fees, levies, or worker welfare funds; Page: 120 of 212 219 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (xi) Transportation and subsistence costs — (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the retum journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xii) Equipment charges. (2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is — (i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to — (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers. Severe forms of traffieking in persons means — (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perforin such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or Page: 121 of 212 220 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G for a prime contractor or another subcontractor. United States means the 50 States, the District of Columbia, and outlying areas. (b) Policv. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking -related activities of this clause. Contractors, contractor employees, and their agents shall not— (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees or potential employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment — (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that — (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is — (A) Legally permitted to remain in the country of employment and who chooses to do so; or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation; Page: 122 of 212 221 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or (9) if required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perforin the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor shall — (1) Notify its employees and agents of— (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of— (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contacting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause. (2) if the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Govermuent, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in — (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contact; Page: 123 of 212 222 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation. (1) The Contractor shall, at a minimum - (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78). E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not - (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from - Page: 124 of 212 223 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (A) Conducting an internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that - (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (ii) Has an estimated value that exceeds $550,000. (2) The Contractor shall maintain a compliance plan dining the performance of the contract that is appropriate — (i) To the size and complexity of the contract; and (ii) To the nature and scope of the activities to be performed for the Government, including the number of non -United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking -related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at httn://www.state.2ov/i/tin/. (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888–FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable host -country legal requirements or explains any variance. (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host -country housing and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be Page: 125 of 212 224 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). if posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that - (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and (ii) After having conducted due diligence, either - (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that - (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (ii) Has an estimated value that exceeds $550,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause. 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN 2022) (a) Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.). Worker — (l) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and— (A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Page: 126 of 212 225 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV); (B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and (C) Regardless of the contractual relationship alleged to exist between the individual and the employer. (ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and (ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. (b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any Page: 127 of 212 226 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G contingency to cover increased costs for which adjustment is provided under this clause (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition— (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to— (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to - (A) Leamers, apprentices, or messengers whose wages are calculated pursuant to special Page: 128 of 212 227 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G certificates issued under 29 U.S.C. 214(a) ; (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at wNv-\v.dol.gov/agencies/whd/goverriment-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. Page: 129 of 212 228 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) (a) Definitions. As used in this clause (in accordance with 29 CFR 13.2) — "Child", "domestic partner", and "domestic violence" have the meaning given in 29 CFR 13.2. "Employee" — (1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and (A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8), (B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions, (C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and (ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. Page: 130 of 212 229 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (2) (i) An employee performs "on" a contract if the employee directly performs the specific services called for by the contract; and (ii) An employee performs "in connection with" a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. "Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship" has the meaning given in 29 CFR 13.2. "Multi employer" plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer. "Paid sick leave" means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13. "Parent", "sexual assault", "spouse", and "stalking" have the meaning given in 29 CFR 13.2. "United States" means the 50 States and the District of Columbia. (b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O. (2) if this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States. (c) Paid sick leave. The Contractor shall— (1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked; (2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13; (3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract; (4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account; (5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and (6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause. (d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8). (e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contactor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, Page: 131 of 212 230 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G including— (1) Any pay and/or benefits denied or lost by reason of the violation; (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages. (f) Payment suspension/contract termination/contractor debarment. (1) in the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause. (3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. (g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13. (h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13. (i) Recordkeeping (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor: (i) Name, address, and social security number of each employee. (ii) The employee's occupation(s) or classification(s). (iii) The rate or rates of wages paid (including all pay and benefits provided). (iv) The number of daily and weekly hours worked. (v) Any deductions made. (vi) The total wages paid (including all pay and benefits provided) each pay period. (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2). (viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests. Page: 132 of 212 231 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706). (x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3). (xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee. (xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave. (xiii) The relevant contract. (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave. (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2) (i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave. (ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor. (3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked. (4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. Page: 133 of 212 232 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 14026, their respective implementing regulations, or any other applicable law. 0) Interference/discrimination. (1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to — (i) Miscalculating the amount of paid sick leave an employee has accrued; (ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave; (iii) Discouraging an employee from using paid sick leave; (iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used; (v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave; (vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or (vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs. (2) The Contractor shall not discharge or in any other manner discriminate against any employee for — (i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 Page: 134 of 212 233 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G and 29 CFR past 13; or (iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13. (k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. (1) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives. (m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (NOV 2021) (a) Except as provided in paragraph (e) of this clause, the Cargo Preference Act of 1954 (46 U.S.C. Appx 1241(b)) requires that Federal departments and agencies shall transport in privately owned U.S.-flag commercial vessels at least 50 percent of the gross tonnage of equipment, materials, or commodities that may be transported in ocean vessels (computed separately for dry bulk carriers, dry cargo liners, and tankers). Such transportation shall be accomplished when any equipment, materials, commodities, located within or outside the United States, that may be transported by ocean vessel are — (1) Acquired for a U.S. Government agency account; (2) Furnished to, or for the account of, any foreign nation without provision for reimbursement; (3) Furnished for the account of a foreign nation in connection with which the United States advances funds or credits, or guarantees the convertibility of foreign currencies; or (4) Acquired with advance of funds, loans, or guaranties made by or on behalf of the United States. (b) The Contractor shall use privately owned U.S.-flag commercial vessels to ship at least 50 percent of the gross tonnage involved under this contract (computed separately for dry bulk carriers, dry cargo liners, and tankers) whenever shipping any equipment, materials, or commodities under the conditions set forth in paragraph (a) above, to the extent that such vessels are available at rates that are fair and reasonable for privately owned U.S.-flag commercial vessels. (c) (1) The Contractor shall submit one legible copy of a rated on -board ocean bill of lading for each shipment to both (i) the Contracting Officer and (ii) the Office of Cargo Preference, Maritime Administration (MAR -590), 400 Seventh Street, SW, Washington, DC 20590. Subcontractor bills of lading shall be submitted through the Prime Contractor. Page: 135 of 212 234 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (2) The Contractor shall furnish these bill of lading copies (i) within 20 working days of the date of loading for shipments originating in the United States, or (ii) within 30 working days for shipments originating outside the United States. Each bill of lading copy shall contain the following information: (A) Sponsoring U.S. Government agency. (B) Name of vessel. (C) Vessel flag of registry. (D) Date of loading. (E) Port of loading. (F) Port of final discharge. (G) Description of commodity. (H) Gross weight in pounds and cubic feet if available. (I) Total ocean freight revenue in U.S. dollars. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts or purchase orders under this contract, except those described in paragraph (e)(4). (e) The requirement in paragraph (a) does not apply to — (1) Cargoes carried in vessels as required or authorized by law or treaty; (2) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353)1- (3) 353);(3) Shipments of classified supplies when the classification prohibits the use of non -Government vessels; and (4) Subcontracts or purchase orders for the acquisition of commercial products or commercial services unless — (i) This contract is — (A) A contract or agreement for ocean transportation services; or (B) A construction contract; or (ii) The supplies being transported are — (A) Items the Contractor is reselling or distributing to the Government without adding value. (Generally, the Contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment); or (B) Shipped in direct support of U.S. military — (1) Contingency operations; (2) Exercises; or (3) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations. (t) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may Page: 136 of 212 235 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G be obtained from the Office of Costs and Rates, Maritime Administration, 400 Seventh Street, SW, Washington, DC 20590, Phone: 202-366-4610. 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA — MODIFICATIONS (NOV 2021) (ALTERNATE 1V — OCT 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: [Insert description of 'the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.] (1) Information required by the clause at 552.238-82, Modifications (Multiple Award Schedule). (2) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (3) By submitting a request for modification, the Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before agreeing to a modification, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does not extend to Contractora€TMs cost or profit information or other data relevant solely to the Contractora€TMs determination of the prices to be offered in the catalog or marketplace. 552.238-116 OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR 2022) (a) The Government may require continued performance of this contract for an additional 5 year period. This option may be exercised up to three times. (b) The Contracting Officer may exercise the option by providing written notice to the Contractor 30 days before the contract expires. (End of Clause) 552.238-115 SPECIAL ORDERING PROCEDURES FOR THE ACQUISITION OF ORDER -LEVEL MATERIALS (APR 2022) (a) Definition. "Order -level materials", as used in this clause, means supplies and/or services acquired in direct support of an individual task or delivery order placed against a Federal Supply Schedule (FSS) contract or FSS blanket purchase agreement (BPA), when the supplies and/or services are not known at the time of Schedule contract or FSS BPA award. The prices of order -level materials are not established in the FSS contract or FSS BPA. Order -level materials acquired following the procedures in paragraph (d) of this clause are done so under the authority of the FSS program, pursuant to 41 U.S.C. 152(3), and are not open market items, which are discussed in FAR 8.402(f). (b) FAR 8.403(b) provides that GSA may establish special ordering procedures for aparticular FSS. (c) The procedures in FAR subpart 8.4 apply to this contract, with the exceptions listed in this clause. if a requirement in this clause is inconsistent with FAR subpart 8.4, this clause takes precedence pursuant to FAR 8.403(b). Page: 137 of 212 236 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (d) Procedures for including order -level materials when placing an individual task or delivery order against an FSS contract or FSS BPA. (1) The procedures discussed in FAR 8.402(f) do not apply when placing task and delivery orders that include order -level materials. (2) Order -level materials are included in the definition of the term "material" in FAR clause 52.212-4 Alternate 1, and, therefore, all provisions of FAR clause 52.212-4 Alternate i that apply to "materials" also apply to order -level materials. (3) Order -level materials shall only be acquired in direct support of an individual task or delivery order and not as the primary basis or purpose of the order. (4) The value of order -level materials in a task or delivery order, or the cumulative value of order -level materials in orders against an FSS BPA awarded under a FSS contract, shall not exceed 33.33%. (5) All order -level materials shall be placed under the Order -Level Materials SIN. (6) Prior to the placement of an order that includes order -level materials, the Ordering Activity shall follow the procedures in FAR 8.404(h). (7) To support the price reasonableness of order -level materials— (i) The Contractor proposing order -level materials as part of a solution shall obtain a minimum of three quotes for each order -level material above the simplified acquisition threshold. (A) One of these three quotes may include materials furnished by the Contractor under paragraph (i)(1)(ii)(A) of FAR clause 52.212-4 Alternate 1. (B) If the Contractor cannot obtain three quotes, the Contractor shall maintain documentation of why three quotes could not be obtained to support their detennination. (C) A Contractor with an approved purchasing system, per FAR subpart 44.3, shall instead follow its purchasing system requirement and is exempt from the requirements in paragraphs (d)(7)(i)(A) through (B) of this clause. (ii) The Ordering Activity Contracting Officer must make a determination that prices for all order -level materials are fair and reasonable. The Ordering Activity Contracting Officer may base this determination on a comparison of the quotes received in response to the task or delivery order solicitation or other relevant pricing information available. (iii) If indirect costs are approved per paragraph (i)(1)(ii)(D)(2) of FAR clause 52.212-4 Alternate 1, the Ordering Activity Contracting Officer must make a determination that all indirect costs approved for payment are fair and reasonable. Supporting data shall be submitted in a form acceptable to the Ordering Activity Contracting Officer. (8) Prior to an increase in the ceiling price of order -level materials, the Ordering Activity Contracting Officer shall follow the procedures at FAR 8.404(h)(3)(iv). (9) in accordance with GSAR clause 552.238-83, Examination of Records by GSA (Federal Supply Schedules), GSA has the authority to examine the Contractor's records for compliance with the pricing provisions in FAR clause 52.212-4 Alternate 1, to include examination of any books, documents, papers, and records involving transactions related to the contract for overbillings, billing errors, and compliance with the Industrial Funding Fee (IFF) and the Sales Reporting clauses of the contract. Page: 138 of 212 237 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (10) Order -level materials are exempt from the following clauses: (i) 552.216-70 Economic Price Adjustment - FSSMultiple Award Schedule Contracts. (ii) 552.238-77 Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (iii) 552.238-81 Price Reductions. End of clause 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite -quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion of customer order, including options, 60 months following the expiration of the FSS contract ordering period. End of clause 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) (a) Definitions. As used in this clause— Commercially available off the -shelf (COTS) item— (1) Means any item of supply that is — (i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), "bulk cargo' means cargo that is loaded and Page: 139 of 212 238 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee — (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firth that furnishes supplies or services to or for a prime Contractor or another subcontractor. United States, as defined in 8 U.S.C. 11010(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) if the Contractor is not enrolled as a Federal Contractor in E -Verify at time of contract award, the Contractor shall — (i) Enroll. Enroll as a Federal Contractor in the E -Verify program within 30 calendar days of contact award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E -Verify program, begin to use E -Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days atter date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contactor is enrolled as a Federal Contactor in E -Verify at time of contact award, the Contractor shall use E -Verify to initiate verification of employment eligibility of— (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E -Verify, the Contactor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or Page: 140 of 212 239 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) if the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (atter November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of— (i) Enrollment in the E -Verify program; or (ii) Notification to E -Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E -Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E -Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E -Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E -Verify. (c) Web site. Information on registration for and use of the E -Verify program can be obtained via the Internet at the Department of Homeland Security Web site: httns://www.e-verify.eov. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E -Verify for any employee — (1) Whose employment eligibility was previously verified by the Contractor through the E -Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph Page: 141 of 212 240 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (e) (appropriately modified for identification of the parties), in each subcontract that – (1) is for – (i) Services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,500; and (3) includes work performed in the United States. End of clause 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— (11) hat(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to— (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple -award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole -source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are— (i) Set aside for small business concerns under multiple -award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple -award contracts as described in 19.504(c)(1)(i i); (5)Orders, regardless of dollar value, that are— (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple -award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple -award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for— (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity farther subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent Page: 142 of 212 241 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.] # By the end of the base term of the contract and then by the end of each subsequent option period; or # By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) Ajoint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause) 52.219-27 NOTICE OF SERVICE -DISABLED VETERAN -OWNED SMALL BUSINESS SET- ASIDE (OCT 2022) (a) Definition. Definition. "Service -disabled veteran -owned small business concern"— (1) Means a small business concern– (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service -disabled veteran" means a veteran, as defined in 38 U.S.C.1010, with a disability that is service -connected, as defined in 38 U.S.C.101(16). (b) Applicability. This clause applies only to— (1) Contracts that have been set aside for service -disabled veteran -owned small business concerns; (2) Part or parts of a multiple -award contract that have been set aside for service -disabled veteran -owned small business concerns; (3) Orders set aside for service -disabled veteran -owned small business concerns under multiple -award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and Page: 143 of 212 242 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (4) Orders issued directly to service -disabled veteran -owned small business concerns under multiple -award contracts as described in 19.504(c)(1)(ii). (c) General. (1) Offers are solicited only from service -disabled veteran -owned small business concerns. Offers received from concerns that are not service -disabled veteran -owned small business concerns shall not be considered. (2) Any award resulting from this solicitation will be made to a service -disabled veteran -owned small business concern. (d) A joint venture may be considered a service -disabled veteran owned small business concern if— (1) At least one party to the joint venture complies with the criteria defined in paragraph (a) of this clause and 13 CFR 125.18(b)(2); and (2) Each party to the joint venture is small under the size standard corresponding to the NATCS code assigned to the procurement, or the protegd is small under the size standard corresponding to the NAICS code assigned to the procurement in ajoint venture comprised of a mentor and protege with an approved mentor -protege agreement under an SBA mentor-prot6ge program. (e) In a joint venture that complies with paragraph (i) of this clause, the service -disabled veteran -owned small business party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the service -disabled veteran -owned small business party or parties to the joint venture must be more than administrative functions. (End of clause) 52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN -OWNED SMALL BUSINESS CONCERNS (OCT 2022) (a) Definitions. Economicallv disadvantaged women -owned small business (EDWOSB) concern, as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and is certified pursuant to 13 CFR 127.300 as an EDWOSB. It automatically qualifies as a women -owned small business (WOSB) concern eligible under the WOSB Program. WOSB Program Repository means a secure, Web -based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. (b) Applicability. This clause applies only to— (1) Contracts that have been set aside for, or awarded on a sole -source basis to, EDWOSB concerns; (2) Part or parts of a multiple -award contract that have been set aside for EDWOSB concerns; (3) Orders set aside for EDWOSB concerns under multiple -award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to EDWOSB concerns under multiple -award contracts as described in 19.504(c)(1)(ii). Page: 144 of 212 243 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (c) General (1) For EDWOSB set-aside procurements, offers are solicited only from certified EDWOSB concerns or EDWOSB concerns with a pending application for certification in the Dynamic Small Business Search (DSBS). (2) For EDWOSB sole -source awards, offers are solicited only from certified EDWOSB concerns. (3) Offers received from other concerns will not be considered. (4) Any award resulting from this solicitation will be made to a certified EDWOSB concern. (d) Joint Venture. A joint venture may be considered an EDWOSB concern if— (]) At least one party to the joint venture complies with the criteria defined in paragraph (a) and paragraph (c)(3) of this clause, and 13 CFR 127.506(c); and (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and protege with an approved mentor -protege agreement under the SBA mentor -protege program. (e) In a joint venture that complies with paragraph (d) of this clause, the EDWOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the EDWOSB patty or parties to the joint venture must be more than administrative functions. (End of clause) 52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN -OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN -OWNED SMALL BUSINESS PROGRAM (OCT 2022) (a) Definitions. As used in this clause— Definition. Women -owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), as used in this clause, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB. (b) Applicabilitv. This clause applies only to- (]) Contracts that have been set aside for, or awarded on a sole -source basis to, WOSB concerns eligible under the WOSB Program; (2) Part or parts of a multiple -award contract that have been set aside for WOSB concerns eligible under the WOSB Program; (3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple -award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple -award contracts as described in 19.504(c)(1)(ii). (c) General. Page: 145 of 212 244 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns with a pending application for certification status in the Dynamic Small Business Search (DSBS). (2) For WOSB sole -source awards, offers are solicited only from certified WOSB concerns (3) Offers received from other concerns shall not be considered. (4) Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program. (d) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if— (1) At least one party to the joint venture complies with the criteria defined in paragraph (a) and (c)(3) of this clause, and 13 CFR 127.506(c); and (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the prot6g6 is small under the size standard for the solicitation in ajoint venture comprised of a mentor and prot6g6 with an approved mentor-prot6g6 agreement under the SBA mentor-prot6g6 program. (e) In a joint venture that complies with paragraph (d) of this clause, the WOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the WOSB party or parties to the joint venture roust be more than administrative functions. (End of clause) 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (OCT 2022) (a) Definitions. HUBZone small business concern, as used in this clause, means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103). (b) Applicability. This clause applies only to - (1) Contracts that have been set aside or awarded on a sole -source basis to, HUBZone small business concerns; (2) Part or parts of a multiple -award contract that have been set aside for HUBZone small business concerns; (3) Orders set aside for HUBZone small business concerns under multiple -award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F): and (4) Orders issued directly to HUBZone small business concerns under multiple -award contracts as described in 19.504(c)(1)(ii). (c) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered. (2) Any award resulting from this solicitation will be made to a HUBZone small business concern. Page: 146 of 212 245 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (d) Joint Venture. A joint venture may be considered a HUBZone concern if— (1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR 126.616(c); and (2) Each parry to the joint venture qualifies as small under the size standard for the solicitation, or the protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and protege with an approved mentor -protege agreement under the SBA mentor -protege program. (e) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business party or parties to the joint venture must be more than administrative functions. (End of clause) C -FSS -370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS (DEC 2022) (a) Security clearances. The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contact. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule (MAS). (b) Travel. The Contractor may be required to travel in performance of orders issued under this contact. Allowable travel and per diem charges are governed by FAR part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under MAS. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does not apply to travel and per diem charges. (c) Certifications, licenses and accreditations. As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses, and accreditations for specific Federal Supply Code (FSC)/Product Service Code (PSC) classifications offered. All costs associated with obtaining/ possessing such certifications, licenses, and accreditations should be factored into the price offered under MAS. (d) Insurance. As a commercial practice, the Contactor may be required to obtain/possess insurance coverage for specific FSC/PSC classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under MAS. (e) Personnel. The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contact. Ordering agencies may require prior approval of additions or replacements to key personnel. (f) Organizational conflicts of interest. Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor's participation in such an order may be restricted in accordance with FAR part 9.5. (g) Documentation/Standards. The Contactor may be requested to provide products or services in accordance with rules, regulations, Office of Management and Budget orders, standards and documentation as specified by the order. (h) Data/Deliverable requirements. Any required data/deliverables at the order level will be specified or negotiated by the ordering agency. (i) Government furnished property. As specified by the order, the Government may provide property, Page: 147 of 212 246 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G equipment, materials or resources as necessary. 0) Availability of funds. Many ordering agencies operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government's obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k) Overtime. For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate). (End of clause) I -FSS -40 CONTRACTOR TEAM ARRANGEMENTS (DEC 2022) Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with GSAR clause 52.238-80, Industrial Funding Fee and Sales Reporting (i.e., each contractor participating in a contractor team arrangement must report sales and remit the Industrial Funding Fee for all products and services provided under its individual contract). (End of clause) I -FSS -600 CONTRACT PRICE LISTS (DEC 2022) (a) Electronic Contract Data. (1) At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed format as required by CSAR clause 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (2) The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award. The Contractor's electronic files must be complete, correct, readable, virus free, and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government. They will be added to GSA's electronic ordering system known as GSA Advantage! is , a menu driven database system that provides online access to contract ordering information, terms and conditions, current pricing, and the option to create an electronic order. The Contractor's electronic files must be received no later than 30 days after award. Contractors should refer to the GSAR clause at 552.238-88, GSA Advantage!®, for further information. (3) Further details on EDI, ICs, and GSA Advantage! ® can be found in GSAR clause 552.238-103, Electronic Commerce. (4) The Contractor is encouraged to place the GSA logo on their website for those supplies or services covered by this contract. Contractors may link the GSA logo to their FSS price list. Only GSA Schedule holders may use the GSA logo, which is at https://www.gsa.gov/logos. All resultant "web price lists" shown on the Contractor's website must be in accordance with paragraph (b)(3)(ii) of this clause and nothing other than what was accepted/ awarded by the Government may be included. If the Contractor elects to use contract identifiers on its website (either logos or contact number) the website must clearly distinguish between those items awarded on the contract and any other items offered by the Contractor on an open market basis. (5) The Contractor is responsible for keeping all electronic catalogs data current, accurate, and Page: 148 of 212 247 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G complete; e.g., prices, product deletions and replacements, etc. (b) Federal Supply Schedule Price Lists. (1) The Contractor must prepare and distribute an FSS price list as required by CSAR clause 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (2) The Contractor must prepare an FSS price list by composing a price list in which only those items, terms, and conditions accepted by the Government are included, and which contain only net prices, based upon the commercial price list or commercial market prices less discounts accepted by the Government. The cover page of the FSS price list must include the following statement: "Prices Shown Herein are Net (discount deducted)". (3) The cover page of the FSS price list must include the following information prepared in the following format: GENERAL SERVICES ADMINISTRATION Federal Acquisition Service Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage! 9). The website for GSA Advantage!® is: https://www.GSAAdvantage.gov. Schedule title FSC Group, Part, and Section or Standard Industrial Group (as applicable) FSC Class(es)/Product Code(s) and/or Service Codes (as applicable). Contract number Contract period Contractor's name, address, and phone number (include toll free WATS number and FAX number, if applicable) Contractor's internet address/website where Schedule information can be found (as applicable) Contract administration source (if different from preceding entry) Business size For more information on ordering go to the following website: https://www.gsa.gov/schedules. CUSTOMER INFORMATION: The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below. If this information is placed in another part of the FSS price list, a table of contents must be shown on the cover page that refers to the exact location of the information. Ia. Table of awarded special item number(s) with appropriate cross reference to item descriptions and awarded price(s). 1 b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment discounts, or any other concession affecting price. Contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply. lc. If the Contractor is proposing hourly rates, a description of all corresponding commercial job Page: 149 of 212 248 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G titles, experience, functional responsibility, and education for those types of employees or subcontractors who will perform services shall be provided. if hourly rates are not applicable, the Contractor shall insert "Not applicable" for this item. 2. Maximum order. 3. Minimum order. 4. Geographic coverage (delivery area). 5. Point(s) of production (city, county, and State or foreign country). 6. Discount from list prices or statement of net price. 7. Quantity discounts. 8. Prompt payment terms. The Contractor must insert the following statement after identifying the prompt payment terms: "Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions." 9. Foreign items (list items by country of origin). 10a. Time of delivery. (Contractor insert number of days.) I Ob. Expedited Delivery. The Contractor must insert the sentence "items available for expedited delivery are noted in this price list." under this heading. The Contractor may use a symbol of its choosing to highlight items in its FSS price list that have expedited delivery. 10c. Overnight and 2 -day delivery. The Contractor must indicate whether overnight and 2 -day delivery are available. Also, the Contractor must indicate that the ordering activity may contact the Contractor for rates for overnight and 2 -day delivery. I Od. Urgent Requirements. The Contractor must note in its FSS price list that ordering agencies can request accelerated delivery for urgent requirements. 11. F.O.B. point(s). 12a. Ordering address(es). 12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3. 13. Payment address(es). 14. Warranty provision. 15. Export packing charges, if applicable. 16. Terms and conditions of rental, maintenance, and repair (if applicable). 17. Terms and conditions of installation (if applicable). 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). 18b. Terms and conditions for any other services (if applicable). 19. List of service and distribution points (if applicable). 20. List of participating dealers (if applicable). 21. Preventive maintenance (if applicable). 22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). 22b. If applicable, indicate that Section 508 compliance information is available for the information and communications technology (TCT) products and services offered and show where full details can be found (e.g., Contractor's website or other location). ICT accessibility standards can be found at https://www.section5O8.aov/. 23. Unique Entity Identifier (UEI) number. 24. Notification regarding registration in the System for Award Management (SAM) database. (4) Amendments to the FSS price lists must include on the cover page the same information as the current FSS price list plus the title "Supplement No. (sequentially numbered)" and the effective date(s) of such supplements. (5) Accuracy of information and computation of prices is the responsibility of the Contractor. (6) Inclusion of incorrect information in the FSS price list will cause the Contractor to resubmit/correct the FSS price list, and may constitute sufficient cause for termination, pursuant to GSA clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, and application of any other remedies as provided by law—including monetary recovery. (End of clause) I -FSS -644 PRODUCTS OFFERED AND SOLD BY VENDORS OTHER THAN THE MANUFACTURER (DEC 2022) (a) Applicability. This clause applies to offerings and sales of products made by Contractors other than the manufacturer of such products. This clause applies specifically to, but is not limited to, Contractors who are resellers and distributors. This clause does not apply to Contractors who are also the manufacturer of the product(s) being offered and sold under this contract. (b) Terms of Offering and Sales. Contractors shall not offer or sell products under this contract for which Page: 150 of 212 249 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G they do not have authorization, as applicable, and they lack an uninterrupted source of supply sufficient to satisfy the Government's requirements. (1) Manufacturer Authorization Program (1) For products that manufacturers manage through any "authorized supplier", "controlled distribution", or other similar program, the Contractor shall be included in such a program to sell products to the Government. The Government will rely on information provided by the manufacturer to identify such authority, to the extent provided by the manufacturer. (ii) If the Contractor is not included in any authorization program, then sales of those products under this contract are not permitted. (iii) For products that manufacturers do not manage through any authorization program, the Contractor need only provide the uninterrupted source of supply as required by paragraph (b)(2) of this clause. (2) Uninterrupted Source of Supply. The Contractor shall provide evidence of, and shall maintain, an uninterrupted source of supply sufficient to satisfy the Government's requirements for all products on its contract. (3) Manufacturer Prohibitions. The Contractor shall not offer or sell any product under this contract that the manufacturer of the product has prohibited the Contractor from selling. (c) Discrepancies. In the event that the Government becomes aware of any discrepancy regarding a Contractor's authorization program status, uninterrupted source of supply, or manufacturer prohibition, the Contracting Officer will give written notice of such discrepancy to the Contractor. The Contractor shall have 30 days to respond to the discrepancy. Failure to respond to or resolve (as applicable) a notice of discrepancy may result in cancellation of this contract, in whole or in part, in accordance with GSAR clause 552.238-79, Cancellation. (End of clause) I -FSS -973 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (DEC 2022) If eligible non-federal ordering activities are subject to a State prompt payment law, the terms and conditions of the applicable State law apply to the orders placed under this contract by such activities. If eligible non-federal ordering activities are not subject to a State prompt payment law, the terms and conditions of the Federal Prompt Payment Act as reflected in CSAR clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, apply to such activities in the same manner as to Federal ordering activities. G -FSS -900-C CONTACT FOR CONTRACT ADMINISTRATION (DEC 2022) Offerors should complete paragraphs (a) and (b) of this clause if providing both domestic and overseas delivery. Complete paragraph (a) of this clause if providing domestic delivery only. Complete paragraph (b) of this clause if providing overseas delivery only. The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting, including reviews of Contractor records. The Contractor's designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contact compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change. (a) Domestic. NAME Page: 151 of 212 250 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G TITLE ADDRESS ZIP CODE TELEPHONE NO. ( ) FAX NO. E-MAIL ADDRESS (b) Overseas. Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from ordering agencies. (Also, see the requirement in GSAR clause 552.238-97, Parts and Service) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc. NAME TITLE ADDRESS ZIP CODE TELEPHONE NO. ( ) FAX NO. E-MAIL ADDRESS (End of provision) I -FSS -106 GUARANTEED MINIMUM (DEC 2022) (a) The guaranteed minimum that the Government agrees to order during the period of this contract is $2,500. If the Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay the difference between the amount ordered and $2,500. (b) Payment of any amount due under this clause shall be contingent upon the Contractor's timely submission of reportable sales and fees and receipt of the close-out sales report pursuant to GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting. (c) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor. 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business Page: 152 of 212 251 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G subcontractor. (2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services. (End of clause) 52.204-27 PROHIBTION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) (a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. Information technology, as defined in 40 U.S.C. 11101(6)— (1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) Of that equipment; or (ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product; (2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but (3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract. (b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered Page: 153 of 212 252 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services. (End of clause) 552.219-74 SECTION 8(a) DIRECT AWARD (SEP 1999) (a) This contract is issued as a direct award between the contracting activity and the 8(a)Contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a)certifications, 8(a)eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a)contractor under the 8(a)program. The cognizant SBA district office is: [Complete at time of award] (b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office. (c) The Contractor agrees: (1)To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a)regulations), when the owner or owners upon whom 8(a)eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control. (2)To the requirements of 52.219-14, Limitations on Subcontracting. (End of clause) 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) PARTICIPANTS (OCT 2022) (DEVIATION) (a) Offers are solicited only from— (1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer— Page: 154 of 212 253 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (ii)The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA; (2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or (3) A joint venture— (i) That is comprised of a mentor and an 8(a) protege with an approved mentor -protege agreement under the 8(a) program; (ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and (iii) That complies with 13 CFR 124.513(c). (b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d) The [insert name of SBA's contractor]will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock. (End of clause) 552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE 1 MAY 2023) (a) Definition. "Transactional data" encompasses the historical details of the products or services delivered by the Contractor during the performance of task or delivery orders issued against this contract. (b) Reporting of Transactional Data. The Contractor must report all transactional data under this contract as follows: (1) The Contractor must electronically report transactional data by utilizing the automated reporting system at an Internet website designated by the General Services Administration (GSA) or by uploading the data according to GSA instructions. GSA will post registration instructions and reporting procedures on the Vendor Support Center website, https://vsc.gsa.gov. The reporting system website address, as well as registration instructions and reporting procedures, will be provided at the time of award or inclusion of this clause in the contract. (2) The Contractor must provide, at no additional cost to the Government, the following transactional data elements, as applicable: (i) Contract or Blanket Purchase Agreement (BPA) Number. (ii) Delivery/Task Order Number/Procurement instrument Identifier (PIID). (iii) Non Federal Entity. Page: 155 of 212 254 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (iv) Description of Deliverable. (v) Manufacturer Name. (vi) Manufacturer Part Number. (vii) Unit Measure (each, hour, case, lot). (viii) Quantity of Item Sold. (ix) Universal Product Code. (x) Price Paid per Unit. (xi) Total Price. Note to paragraph (b)(2): The Contracting Officer may add data elements to the standard elements listed in paragraph (b)(2) of this section with the approvals listed in GSAM 507.105(b)(3). (3) The contractor must report transactional data within 30 calendar days from the last calendar day of the month. If there was no contract activity during the month, the Contractor must submit a confirmation of no reportable transactional data within 30 calendar days of the last calendar day of the month. (4) The Contractor must report the price paid per unit, total price, or any other data elements with an associated monetary value listed in (b)(2) of this section, in U.S. dollars. (5) The reported price paid per unit and total price must include the Industrial Funding Fee (IFF). (6) The Contractor must maintain a consistent accounting method of transactional data reporting, based on the Contractor's established commercial accounting practice. (7) Reporting Points. (i) The acceptable points at which transactional data may be reported include - (A) Issuance of an invoice; or (B) Receipt of payment. (ii) The Contractor must determine whether to report transactional data on the basis of invoices issued or payments received. (8) The Contractor must continue to furnish reports, including confirmation of no transactional data, through physical completion of the last outstanding task or delivery order of the contract. (9) Unless otherwise expressly stated by the ordering activity, orders that contain classified information or other or information that would compromise national security are exempt from this reporting requirement. Page: 156 of 212 255 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (10) This clause does not exempt the Contractor from fulfilling existing reporting requirements contained elsewhere in the contract. (1 1) GSA reserves the unilateral right to change reporting instructions following 60 calendar days' advance notification to the Contractor. (c) Industrial Funding Fee (IFF). (1) This contract includes an IFF charged on orders placed against this contract. The IFF is paid by the authorized ordering activity but remitted to GSA by the Contractor. The IFF reimburses GSA for the costs of operating the Federal Supply Schedule program, as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund initiatives benefiting other authorized GSA programs, in accordance with 40 U.S.C. 321. (2) GSA has the unilateral right to change the fee amount at any time, but not more than once per year; GSA will provide reasonable notice prior to the effective date of any change. GSA will post notice of the current IFF on the Vendor Support Center website at https://vsc.gsa.gov. (3) Offerors must include the IFF in their prices. The fee is included in the awardedprice(s) and reflected in the total amount charged to ordering activities. The fee will not be included in the price of non -contract items purchased pursuant to a separate contracting authority, such as a Governmentwide Acquisition Contract (GWAC); a separately awarded Federal Acquisition Regulation (FAR) Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non -FAR contract. (4) The Contractor must remit the IFF to GSA in U.S. dollars within 30 calendar days after the last calendar day of the reporting quarter; final payment must be remitted within 30 calendar days after physical completion of the last outstanding task order or delivery order issued against the contract. (5) GSA reserves the unilateral right to change remittance instructions following 60 calendar days' advance notification to the Contractor. (d) The Contractor's failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection improvement Act of 1996, including withholding or offsetting payments and interest on the debt (see FAR clause 52.232-17, Interest). If the Contractor fails to submit the required transactional data reports, falsifies them, or fails to timely pay the IFF, these reasons constitute sufficient cause for the Government to terminate the contract for cause. Note: Regulation 552.238-80 FSS contractors are required to report sales and remit IFF for Schedule items sold via FedMall, just as they would for any other Schedule sale. FedMall sales of Schedule items are treated no differently than sales earned via GSA Advantage! or from orders directly placed by an ordering activity. This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. 552.238-113 SCOPE OF CONTRACT (ELIGIBLE ORDERING Page: 157 of 212 256 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G ACTIVITIES) (MAY 2023) (a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic and/or overseas delivery. For the Wireless Mobility Services Special Item Number ONLY, limited geographic coverage (consistent with the Offeror's commercial practice) may be proposed. (1) Executive agencies (as defined in FAR Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000; (2) Government contractors authorized in writing by a Federal agency pursuant to FAR 51.1; (3) Mixed ownership Government corporations (as defined in the Government Corporation Control Act); (4) Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities tinder the direction of the Architect of the Capitol). (5) The District of Columbia; (6) Tribal governments when authorized under 25 USC 450.j(k); (7) Tribes or tribally designated housing entities pursuant to 25 U.S.C. 4111(j); (8) Qualified Nonprofit Agencies as authorized under 40 USC 502(b); and (9) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply. (b) Definitions. "Domestic delivery" is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. "Overseas delivery" is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories (c) Offerors are requested to check one of the following boxes: Contractor will provide domestic and overseas delivery. Contractor will provide overseas delivery only. Contractor will provide domestic delivery only. (d) The following activities may place orders against Schedule contracts: (1) State and local government may place orders against Consolidated Schedule contracts containing information technology or security and protection Special Item Numbers, on an optional basis; provided, the Contractor accepts orders) from such activities; (2) The American National Red Cross may place orders against Federal Supply Schedules for products and services in furtherance of the purposes set forth in its Federal charter (36 U.S.C. 300102); provided, the Contractor accepts order(s) from the American National Red Cross; and Page: 158 of 212 257 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (3) Other qualified organizations, as defined in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152), may place orders against Federal Supply Schedules for products and services determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency; provided, the Contractor accepts order(s) from such activities. (4) State and local governments may place orders against Federal Supply Schedules for good or services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack; provided, the Contractor accepts order(s) from such activities. (e) Articles or services may be ordered from time to time in such quantities as may be needed to till any requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point. (f) (1) The Contractor is obligated to accept orders received from activities within the Executive branch of the Federal Government. (2) The Contractor is not obligated to accept orders received from activities outside the Executive branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to accept such orders, all provisions of the contract shall apply, including clause 52.232-36 Payment by Third Party. If the Contractor is unwilling to accept such orders, and the proposed method of payment is not through the Credit Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. if the Contractor is unwilling to accept such orders, and the proposed method of payment is through the Credit Card, the Contractor must so advise the ordering activity within 24 hours of receipt of order. (Reference clause 52.232-36 Payment by Third Party.) Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply. (g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500 (two thousand, five hundred dollars) during the contract term. (h) All users of GSA's Federal Supply Schedules, including non -Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services. GSA encourages non -Federal users to follow the Schedule Ordering Procedures set forth in the Federal Acquisition Regulation (FAR) 8.4, but they may use different established competitive ordering procedures if such procedures are needed to satisfy their state and local acquisition regulations and/or organizational policies. 552.238-117 PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION (OCT 2023) (a) The Government, at its election, may reduce the price of this contract or contract modification if the Contracting Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to: (1) provide information required by this solicitation/contract or otherwise requested by the Government; or (2) submit information that was current, accurate, and complete; or (3) disclose changes in the Contractor's commercial pricelist(s), discounts or discounting policies Page: 159 of 212 258 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G which occurred atter the original submission and prior to the completion of negotiations. (b) The Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 14 calendar days prior to the date it is submitted. (c) If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States— (1) The amount of the overpayment; and (2) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury under 26 U.S.C.6621(a)(2). (d) Failure to agree on the amount of the decrease shall be resolved as a dispute. (e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. (End of clause) I -FSS -639 CONTRACT SALES CRITERIA (SEP 2023) The Federal Supply Schedule (FSS) Contracting Officer may decide not to exercise the first option to extend the term of the contract if the Contractor's reported sales are not expected to exceed $100,000 within the first 60 months following contract award. The FSS Contracting Officer may decide not to exercise subsequent options to extend the term of the contract if the Contractor's reported sales did not exceed $125,000 each 60 month period thereafter. (End of clause) 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2023) (a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The Contracting Officer should check the clauses in paragraph (b) that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity. The GSAR clauses[ ]in paragraph (b) of this section are incorporated by reference. (b) Clauses. X 552.203-71 Restriction on Advertising Varies by Category, Subcategory and SIN 552.211-73 Marking Varies by Category, Subcategory and SIN 552.219-70 Allocation of Orders—Partially Set -Aside Items X 552.229-70 Federal, State, and Local Taxes Page: 160 of 212 259 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Varies by Category, Subcategory and SIN 552.232-72 Final Payment Under Building Services Contracts Varies by Category, Subcategory and SIN 552.237-71 Qualifications of Employees N/A 552.242-70 Status Report of Orders and Shipments (End of Clause) 552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2023) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the lists in paragraphs (a) and (b). The contracting officer may add the date of the provision or clause if desired for clarity. The CSAR following provisions in paragraph (a) and GSAR clauses [in paragraph (b)] are incorporated by reference. (a) Provisions. (b) Clauses. Varies by Category, Subcategory and SIN 552.223-72 Hazardous Material Information 552.215-70 Examination of Records by GSA Varies by Category, Subcategory and SIN 552.223-70 Hazardous Substances. Varies by Category, Subcategory and SIN 552.223-71 Nonconforming Hazardous Material. X 552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments. X 552.232-23 Assignment of Claims (End of Clause) 52.225-5 TRADE AGREEMENTS (NOV 2023) (a) Definitions. As used in this clause - "Caribbean Basin country end product"— (1) Means an article that - (i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or Page: 161 of 212 260 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and (ii) is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.2703 (b). (A) For this reason, the following articles are not Caribbean Basin county end products: (1) Tuna prepared or preserved in any manner in airtight containers; (2) Petroleum, or any product derived from petroleum; (3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and (4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles; (B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usite.gov/tata/hts/index.htm. In particular, see the following: (1) General Note3(c), Products Eligible for Special Tariff treatment. (2) General Note] 7, Products of Countries Designated as Beneficiary Countries under the United States -Caribbean Basin Trade Partnership Act of 2000. (3) Section XXII, Chapter 98, Subchapter 11, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note7(b). (4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States -Caribbean Basin Trade Partnership Act; and (2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Page: 162 of 212 261 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as "the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)"), Ukraine, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). "Designated country end product" means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. "Free Trade Agreement country end product" means an article that - (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. "Least developed county end product" means an article that - (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. "United States" means the 50 States, the District of Columbia, and outlying areas. Page: 163 of 212 262 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G "U.S.-made end product" means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. "WTO GPA country end product" means an article that - (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. (b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled "Trade Agreements Certificate." End of clause 552.212-4 CONTRACT TERMS AND CONDITIONS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION — FEB 2007) (FAR DEVIATION - JAN 2023) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post -acceptance rights — (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contact, pending final resolution of any dispute arising under the contract. Page: 164 of 212 263 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include — (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on an Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer Other Than Svstem forAward Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) The due date for making invoice payments by the designated payment office is the later of the following two events: Page: 165 of 212 264 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (i) The 10th day after the designated billing office receives a proper invoice from the Contractor. if the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. (ii) The 10th day after Government acceptance of supplies delivered or services -performed by the Contractor. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). if the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall — (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the — (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which Page: 166 of 212 265 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on — (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of an Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. 0) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. Page: 167 of 212 266 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (1) Termination for the Govermnent's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; "10 U.S.C. 4701" relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements — Unenforceable Clauses paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements — Unenforceable Clauses provision. (5) Solicitation provisions if this is a solicitation. Page: 168 of 212 267 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti -Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such language, provision, or clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click -wrap" or "browse -wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (w) Commercial supplier agreements — unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, "this agreement" means the commercial supplier agreement: (1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply: (i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR Part 12). (ii) End user. This agreement shall bind the Government as end user but shall not operate to bind an Government employee or person acting on behalf of the Government in his or her personal capacity. (iii) Law and disputes. This agreement is governed by Federal law. Page: 169 of 212 268 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (A) Any language purporting to subject the U.S. Government to the laws of a U.S state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted. (B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv) Continued perforrnanee. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes). (v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injtmetive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act). (vi) Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as: (1) Terms that change the Government's rights or obligations; (2) Terms that increase Government prices; (3) Terms that decrease overall level of service; or (4) Terms that limit any other Government right addressed elsewhere in this contract. (B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them. (vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516. (ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows: (A) Discrepancies found in an audit may result in a charge by the commercial Page: 170 of 212 269 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order. (B) This charge, if disputed by the Government, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process. (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi) Non -assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause. (xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2) if any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. Note: Regulation 552.212-4 This clause applies to fixed price orders. 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (FAR DEVIATION - JAN 2023) (ALTERNATE I - NOV 2021) (DEVIATION - FEB 2007 (a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. Page: 171 of 212 270 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insertportion of labor rate L to profit.] (5) (i) if the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may — (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Tenninate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to — (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government -furnished property shall be governed by the clause pertaining to Government property. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. Page: 172 of 212 271 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause — (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are — (A) performed by the contractor; (B) performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii) Materials means — (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: Each order must list separately subcontracts for services excluded from the FSS Hourly Rates; and (E) Indirect costs specifically provided for in this clause (iv) Subcontract means any contract, as defined in FAR subpart 2. 1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of Page: 173 of 212 272 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer Svstene for Arvard Management, or 52.232-34, Payment by Electronic Funds Transfer Other Than Svstem for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) The due date for making invoice payments by the designated payment office is the later of the following two events: (i) The 10th day after the designated billing office receives a proper invoice from the Contractor. if the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor's invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. Page: 174 of 212 273 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the — Page: 175 of 212 274 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor — (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall — (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(13) of this clause: Each order must list separately the elements of other direct costs for that order. (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro -rata basis over the period of contract performance at the following fixed price: Each order must list separately the fixed amount for the indirect costs and payment schedule; if no indirect costs are approved, insert "None." (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. if at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contact in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contact. When and to the extent that the ceiling price set forth in the Schedule has Page: 176 of 212 275 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedrde), when timecards are required as substantiation for payment — (A) The original timecards (paper-based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost— (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall — (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of Page: 177 of 212 276 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on — (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. Page: 178 of 212 277 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (7) Release of claims. The Contractor, and each assignee under an assigmnent entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. 0) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (1) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause Page: 179 of 212 278 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. if it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assigmnents, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements - Unenforceable Clauses provision. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved]. (u) Unauthorized Obligations. Page: 180 of 212 279 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti -Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such language, provision, or clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an "1 agree" click box or other comparable mechanism (e.g., "click -wrap" or "browse -wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in L02. 101). the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, "this agreement" means the commercial supplier agreement: (1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply: (i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12). (ii) End user. This agreement shall bind the Government as end user but shall not operate to bind an Government employee or person acting on behalf of the Government in his or her personal capacity. (iii) Law and disputes. This agreement is governed by Federal law. (A) Any language purporting to subject the U.S. Government to the laws of a U.S state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted. (B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this Page: 181 of 212 280 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes). (v) Arbitration; equitable or injunctive relief In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act). (vi) Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as: (1) Terms that change Government rights or obligations; (2) Terms that increase Government prices; (3) Terms that decrease overall level of service; or (4) Terms that limit any other Government right addressed elsewhere in this contract. (B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them. (vii) No automatic renewals. if any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516. (ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows: (A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order. (B) This charge, if disputed by the Government, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process. (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or Page: 182 of 212 281 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi) Non -assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause. (xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. Note: Regulation 552.212-4 This clause applies to Time -and -Materials or Labor Hour orders. 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023) (a) Definitions. As used in this clause — Kaspersky Lab covered article means any hardware, software, or service that — (1) is developed or provided by a Kaspersky Lab covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity. Kaspersky Lab covered entity means — (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky" (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohihition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Page: 183 of 212 282 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Contractor is prohibited from — (1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and (2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at httas://dibnetdod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services. 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts. (End of clause) Page: 184 of 212 283 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.222-19 CHILD LABOR -COOPERATION WITH AUTHORITIES AND REMEDIES (NOV 2023) (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in - (1) Israel, and the anticipated value of the acquisition is $50,000 or more; (2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway„ Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR subpart 9.4. End of clause Page: 185 of 212 284 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (SEP 2023) (a) Definitions. As used in this contract — HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM. "Service -disabled veteran -owned small business concern" — (1) Means a small business concern — (i) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C.101(2), with a disability that is seryice-connected, as defined in 38 U.S.C.101(16). Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that - (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by - (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) ) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Veteran -owned small business concern" means a small business concern — (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U. S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Page: 186 of 212 Z Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G "Women -owned small business concern" means a small business concern — (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) It is the policy of the United States that small business concerns, veteran -owned small business concerns, service -disabled veteran -owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women -owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran -owned small business concerns, service -disabled veteran -owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women -owned small business concerns. (c) (1) A joint venture qualifies as a small business concern if— (i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or (ii) The protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and protege with an approved mentor -protege agreement under a SBA mentor-prot6g6 program. (2) A joint venture qualifies as— (i) A service -disabled veteran -owned small business concern if it complies with the requirements in 13 CFR part 125; or A HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c). (d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (e) (1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran -owned small business, service -disabled veteran -owned small business, or a women -owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran -owned small business, service -disabled veteran -owned small business, or a women -owned small business in the System for Award Management (SAM) if— (i) The subcontractor is registered in SAM; and (ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. (3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract. (4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the Page: 187 of 212 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G subcontractor's size or socioeconomic status. (5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. if the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM. (End of clause) 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023) (ALT II NOV 2016) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, etseq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, Joint ventures, and partnerships that meet the requirements of43 U.S.C. 1626(e)(2). Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof (e.g., division, plant, or product line). Commercial product means a product that satisfies the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101. Commercial service means a service that satisfies the definition of "commercial service" in FAR 2.101. Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web -based system. for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for- services fi•om the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian -owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e) Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved. Page: 188 of 212 287 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor. Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. Total contract dollars means the final anticipated dollar value, including the dollar value of all options. Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor. (c) (1) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the Offeror ineligible for award of a contract. (2) (i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran -owned small business, service -disabled veteran -owned small business, or a women -owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran -owned small business, service -disabled veteran -owned small business, or a women -owned small business in the System for Award Management (SAM) if— (A) The subcontractor is registered in SAM; and (B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. (iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in Page: 189 of 212 `:: Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G connection with a subcontract. (iv) in accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status. (d) The Offeror's subcontracting plan shall include the following: (1) Separate goals, expressed in terns of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626: (2) A statement of— (i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and (ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals. (A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. (B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor (i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan; Page: 190 of 212 289 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes); (iii) Total dollars planned to be subcontracted to veteran -owned small business concerns; (iv) Total dollars planned to be subcontracted to service -disabled veteran -owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and (vii) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to - (i) Small business concerns; (ii) Veteran -owned small business concerns; (iii) Service -disabled veteran -owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns; and (vi) Women -owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women -owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran -owned small, service -disabled veteran -owned small, HUBZone small, small disadvantaged, and women -owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i) Small business concerns (including ANC and Indian tribes); (ii) Veteran -owned small business concerns; (iii) Service -disabled veteran -owned small business concerns; Page: 191 of 212 290 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women -owned small business concerns. (7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the Offeror will— (i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan; (iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite -delivery, indefinite -quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies; (iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://wA w.esrs.aov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran -owned small business concerns, service -disabled veteran -owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women -owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; (v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS; (vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and (vii) Require that each subcontractor with a subcontracting plan provide Page: 192 of 212 291 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor's official responsible for acknowledging receipt of or rejecting the 1SRs, to its subcontractors with subcontracting plans. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): (i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating - (A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran -owned small business concerns were solicited and, if not, why not; (C) Whether service -disabled veteran -owned small business concerns were solicited and, if not, why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; why not; (E) Whether small disadvantaged business concerns were solicited and, if not, (F) Whether women -owned small business concerns were solicited and, if not, why not; and (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact - (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service -disabled veteran -owned, and women -owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through - Page: 193 of 212 292 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G requirements. (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program's (vi) On a contract -by -contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if— (i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or (ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract. (13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion. (14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor. (15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5). (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small Page: 194 of 212 293 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G business concerns in all "make -or -buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing the Dynamic Small Business Search (DSBS) at htti2s://web.sba.gov/12ro-net/search/ dsa dsbs.cfm (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran -owned small business, HUBZone small, small disadvantaged, or women -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (6) For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, or women -owned small business concern. (7) Assign each subcontract the NA1CS code and corresponding size standard that best describes the principal purpose of the subcontract. (f) A master subcontracting plan on a plant or division -wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided (1) The master subcontracting plan has been approved; (2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master subcontracting plan, including evidence of its approval, to the Contracting Officer; and (3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial products and commercial services. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial product or commercial service. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. A Contractor authorized to use a commercial subcontracting plan shall include in its subcontracting goals and in its SSR all indirect costs, with the exception of those such as the following: Employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationships Page: 195 of 212 294 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G during warranty periods (negotiated up front with the product); utilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular geographical region; and philanthropic contributions. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in FAR 19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively. (j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Products and Commercial Services, or when the subcontractor provides a commercial product or commercial service subject to the clause at FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services, under a prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization Of Small Business Concerns;" or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor. (1) The Contractor shall submit ISRs and SSRs using the web -based eSRS at httn://wNAw.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be treated as subcontract awards by the Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next -tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas. (1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting plan.. (i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, the Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection. Page: 196 of 212 295 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (B If a subcontracting plan has been added to the contract pursuant to 19.702 a)(1)(iii) or 19.301-2(e), the Contractor's achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract. (iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report. (iv) The authority to acknowledge receipt or reject the ISR resides— (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract. (2) SSR. (i) Reports submitted under individual contract plans— (A) This report encompasses all subcontracting under prime contracts and subcontracts with an executive agency, regardless of the dollar value of the subcontracts. This report also includes indirect costs on a prorated basis when the indirect costs are excluded from the subcontracting goals. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over the applicable threshold specified in FAR 19.702(a), and the contractand contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime contractors. (D) The report shall be submitted annually by October 30 for the twelve month period ending September 30. When a Contracting Officer rejects an SSR, the Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. Page: 197 of 212 296 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract. (ii) Reports submitted under a commercial plan - (A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year and all indirect costs. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. (End of clause) 52.219-28 POST -AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEP 2023) (a) Definitions. As used in this clause - Long -term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern - (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. (2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior Page: 198 of 212 297 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G to inclusion of this clause in the contract. (3) For long-term contracts - (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple -award contract. (d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at haps://www.sba.aov/document/sUl2ort--table-size-standards. (e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (1) Was set aside for small business and has a value above the simplified acquisition threshold; (2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or (3) Was an 8(a), HUBZone, service -disabled veteran -owned, economically disadvantaged women -owned, or women -owned small business set-aside or sole -source award regardless of dollar value. (f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update. (g) if the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause (h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: (1) The Contractor represents that it # is, # is not a small business concern under NA1CS Code assigned to contract number (2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not, a small disadvantaged business concern as defined in 13 CFR 124.1001. Page: 199 of 212 298 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not a women -owned small business concern. (4) Women -owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through LcJ. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: — .] (5) Economically disadvantaged women -owned small business (EDWOSB) joint venture. The Contractor represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: — .] (6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it # is, # is not a veteran -owned small business concern. (7) [Complete only if the Contractor represented itself as a veteran -owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it # is, # is not a service -disabled veteran -owned small business concern. (8) [ Complete only if the Contractor represented itself as a small husiness concern in paragraph (h)(1) of this clause. ] The Contractor represents that— (i) It # is, # is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It # is, # is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. [Contractor to sign and date and insert authorized signer's name and title.] End of clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). Page: 200 of 212 299 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 202 1) (Section 889(a)(1)(A) of Pub. L. l 15-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: *[Contracting Officer check as appropriate.]* X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)). X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). X (5) 52.204-10, Reporting Executive Compensation and First -Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). N/A (6) [Reserved]. X (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.204-15, Service Contract Reporting Requirements for Tndefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. Q. X (9) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi -Agency Contracts. ( DEC 2023 ) (Pub. L. 115-390, title II). X (10) (i) 52.20430, Federal Acquisition Supply Chain Security Act Orders—Prohibition. ( DEC 2023 ) (Pub. L. 115-390, title 11). (ii) Alternate 1 (DEC 2023) of 52.20430. X (11) 52.204-27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117-328). X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Page: 201 of 212 300 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Matters (OCT 2018) (41 U.S.C. 2313). N/A (14) [Reserved] X (15) 52.219-3, Notice of HUBZone Set -Aside or Sole -Source Award (OCT 2022) (15 U.S.C. 657a). N/A (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). N/A (17) [Reserved] X (18) (i) 52.219-6, Notice of Total Small Business Set -Aside (Nov 2020) (15 U.S.C. 644). Required as Applicable (ii) Alternate I (MAR 2020) of 52.219-6. N/A (19) (i) 52.219-7, Notice of Partial Small Business Set -Aside (Nov 2020) (15 U.S.C. 644). N/A (ii) Alternate I (MAR 2020) of 52.219-7. X (20) 52.219-8, Utilization of Small Business Concerns ((SEP 2023) (15 U.S.C. 637(d)(2) and (3)). N/A (21) (i) 52.219-9, Small Business Subcontracting Plan ((SEP 2023) (15 U.S.C. 637(d)(01. N/A (ii) Alternate I (Nov 2016) of 52.219-9. X (iii) Alternate II (Nov 2016) of 52.219-9. N/A (iv) Alternate III (JUN 2020) of 52.219-9. N/A (v) Alternate IV ((SEP 2023) of 52.219-9. X (22) (i) 52.219-13, Notice of Set -Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). N/A (ii) Alternate I (MAR 2020) of 52.219-13. X (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). X (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)0(i)). X (25) 52.219-27, Notice of Service -Disabled Veteran -Owned Small Business Set -Aside (OCT 2022) (15 U.S.C. 657f). X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation ((SEP 2023) (15 U.S.C. 632(a)(2)). N/A (ii) Alternate I (MAR 2020) of 52.219-28. X (27) 52.219-29, Notice of Set -Aside for, or Sole -Source Award to, Economically Disadvantaged Women -Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). X (28) 52.219-30, Notice of Set -Aside for, or Sole -Source Award to, Women -Owned Small Business Concerns Eligible Under the Women -Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)). N/A (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). X (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)). Page: 202 of 212 301 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). X (32) 52.222-19, Child Labor -Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126). X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). N/A (ii) Alternate I (FEB 1999) of 52.222-26. X (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). N/A (ii) Alternate I (JUL 2014) of 52.222-35. X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). N/A (ii) Alternate I (JUL 2014) of 52.222-36. X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). N/A (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) X (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA—Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) N/A (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 69626)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) Required as Applicable (42) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). Required as Applicable (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). Required as Applicable (44) (i) 52.223-13, Acquisition of EPEAT x -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). N/A (ii) Alternate I (OCT 2015) of 52.223-13. Required as Applicable (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). N/A (ii) Alternate I (Jun2014) of 52.223-14. X (46) 52.223-15, Energy Efficiency in Energy -Consuming Products (MAY 2020) (42 U.S.C. 8259b). Required as Applicable (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Page: 203 of 212 302 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Products (OCT 2015) (E.O.s 13423 and 13514). N/A (ii) Alternate I (JUN 2014) of 52.223-16. X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). Required as Applicable (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). Required as Applicable (50) 52.223-21, Foams (Jun2016) (E.O. 13693). X (51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). N/A (ii) Alternate I (JAN 2017) of 52.224-3. Required as Applicable (52) (i) 52.225-1, Buy American -Supplies (OCT 2022) (41 U.S.C. chapter 83). N/A (ii) Alternate I (OCT 2022) of 52.225-1. N/A (53) (i) 52.225-3, 52.225-3, Buy American -Free Trade Agreements -Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43 N/A (ii) Alternate I [RESERVED]. N/A (iii) Alternate 11 (DEC 2022) of 52.225-3. N/A (iv) Alternate III (NOV 2023) of 52.225-3. N/A (v) Alternate 1V (OCT 2022) of 52.225-3. X (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 202 1) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). N/A (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). N/A (57) 52.226-4, Notice of Disaster or Emergency Area Set -Aside (Nov2007) (42 U.S.C. 5150). N/A (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). N/A (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 202 1) . N/A (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, "10 U.S.C. 3805"). N/A (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 202 1) (41 U.S.C. 4505, 10 U.S.C. 3805). X (62) 52.232-33, Payment by Electronic Funds Transfer -System for Award Management (OCT2018) (31 U.S.C. 3332). Page: 204 of 212 303 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G N/A (63) 52.232-34, Payment by Electronic Funds Transfer -Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). X (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). X (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). X (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d).(13)). X (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). N/A (ii) Alternate I (APR 2003) of 52.247-64. N/A (iii) Alternate It (NOV 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial products and commercial services, that the Contracting Officer has indicated as being incorporated in this by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) 141 U.S.C. chapter67). X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). N/A (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). X (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) (41 U.S.C. chapter 67). X (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (MAY 2014) (41 U.S.C. chapter 67). X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). Required as Applicable (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). Required as Applicable (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records -Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly Page: 205 of 212 304 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4_7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause - (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VIL of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115-390, title II). (viii) 52.219-8, Utilization of Small Business Concerns ((SEP 2023) (15 U.S.C. 637(d)(21 and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. Page: 206 of 212 305 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246). (xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.0 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May2014) (41 U.S.C. chapter 67). (xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (MAY 2014) (41 U.S.C. chapter 67). 13706). (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552x). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note. (xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause Page: 207 of 212 306 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G 52.226-6. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40 (xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) (ALT I DEC 2023) (a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means (1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types; (2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); (3) The processing of information on a Federal or non -Federal information system, subject to the requirements of the Controlled Unclassified information program (see 32 CFR part 2002); or (4) Hardware, systems, devices, software, or services that include embedded or incidental information technology. FASCSA order means any of the following orders issued tinder the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e): (1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order. (2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order. (3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DN1 FASCSA order. Page: 208 of 212 307 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Intelligence community, as defined by 50 U.S.C. 3003(4), means the following (1) The Office of the Director of National Intelligence; (2) The Central Intelligence Agency; (3) The National Security Agency; (4) The Defense Intelligence Agency; (5) The National Geospatial-Intelligence Agency; (6) The National Reconnaissance Office; (7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; (8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; (9) The Bureau of Intelligence and Research of the Department of State; (10) The Office of intelligence and Analysis of the Department of the Treasury; (11) The Office of Intelligence and Analysis of the Department of Homeland Security; or (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or (2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third -party audit. Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence. Page: 209 of 212 308 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non -Federal supplier, or potential supplier, of products or services, at any tier. (b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1). [Contracting Officer inust select either "yes " or "no "for each of the following types of FASCSA orders:] Yes # No # DHS FASCSA Order Yes # No # DoD FASCSA Order Yes # No # DNI FASCSA Order (2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at httvs78www.sam. 2vv to locate applicable FASCSA orders identified in paragraph (b)(1). (3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract. (4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause. (5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following: (A) Name of the product or service provided to the Government; (B) Name of the covered article or source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror; (D) Brand; (E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (F) Item description; (G) Reason why the applicable covered article or the product or service is being provided or used; (ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources Page: 210 of 212 309 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18DO09G otherwise covered by a FASCSA order and to instead pursue other appropriate action (c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) ofthis clause. (2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. (3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. (ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows: (A) If a Department of Defense contracting office, the Contractor shall report to the website at httns://dibnet.dod.mil. (B) For all other contracting offices, the Contractor shall report to the Contracting Officer. (4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause: (i) Within 3 business days from the date of such identification or notification: (A) Contract number; (B) Order number(s), if applicable; (C) Name of the product or service provided to the Government or used during performance of the contract; (D) Name of the covered article or source subject to a FASCSA order; (E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor; (F) Brand; (G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (H) Item description; and Page: 211 of 212 310 Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 18 Contract Number: 47QSWA18D009G (1) Any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause: (A) Any further available information about mitigation actions undertaken or recommended. (B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order. (d) Removal. For Federal Supply Schedules, Government -wide acquisition contracts, multi -agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order. (e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services. (2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher -tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contact and all subcontracts. Page: 212 of 212 311 6.F Consent Agenda 09/5/2023 ARPA funding to be utilized for the purchase of a new Fire Rescue Boat. Requested Action: Approve and authorize the use of ARPA funding in the amount of $400,000 to be utilized for the purchase of a new Fire Rescue Boat to enhance Boynton Beach Fire Rescue's water rescue operations. Explanation of Request: As a part of The Boynton Beach Fire Rescue Marine Operations and Boating Safety Initiative, these funds will be utilized for the purchase of a new Fire Rescue vessel, which will aide in reducing emergency response times to the increasing volume of water rescue incidents, and increase the safety of our fire rescue marine operations personnel who must respond to calls for service on the intracoastal waterways, ocean inlet and ocean in and around the City of Boynton Beach. The vessel will also enhance the departments capacity to assist neighboring jurisdictions, foster and strengthen interoperability and to promote health and safety of all those who live, work, and play on or near the waterways of Boynton Beach. How will this affect city programs or services? This new Fire Rescue boat will also enhance the response capabilities of the Boynton Beach Fire Rescue Departments while increasing the safety of fire rescue personnel who must respond to these types of emergency calls by providing a safe platform to initiate fire and rescue operations on the water, while reducing response times. Fiscal Impact: Funding is available for use from the City's ARPA Funding and will not impact the Fire Department's budget in the next fiscal year. 312 4 SILVER' ' GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG / PRICE LIST SCHEDULE TITLE: MULTIPLE AWARD SCHEDULE - MAS CONTRACT NUMBER: 470SWA18DO09G CONTRACT PERIOD: SEPTEMBER 10, 2018 THROUGH SEPTEMBER 09, 2023 FSC GROUP: TRANSPORTATION AND LOGISTIC SERVICES MISCELLANEOUS FSC CODE: 1940 CONTRACTOR NAME: SILVER SHIPS INC. ADDRESS: 9243 BELLINGRATH ROAD THEODORE, AL 36582 MAILING ADDRESS: P.O. BOX 1260 THEODORE, AL 36590 TELEPHONE: 251-973-0000 FACSIMILE: 251-973-2711 E-MAIL: sallen(@silverships.com WEB SITE: www.silverships.com CONTRACTOR'S ADMINISTRATION SOURCE SUSAN ALLEN BUISNESS SIZE: SMALL 313 INFORMATION FOR ORDERING ACTIVITIES 1a AWARDED SPECIAL ITEM NUMBERS (SIN): SIN DESCRIPTION 336612/RC/STLOC Marine Craft OLM/RC/STLOC Order -Level Materials (OLM) 1b LOWEST PRICED MODEL AND PRICE PER UNIT: See Price List 1c SERVICES OFFERED: N/A 2 MAXIMUM ORDER LIMITATION: $315,000.00 per SIN This maximum order threshold is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may: (1) Offer a new lower price, (2) Offer the lowest price available under the contract, or (3) Decline the order within five (5) days. In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order threshold. 3 MINIMUM ORDER: $100.00 4 GEOGRAPHIC COVERAGE: 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA 5 POINT OF PRODUCTION: 6 BASIC DISCOUNT: 5% 7 QUANTITY DISCOUNT: None 8 PROMPT PAYMENT TERMS: Net 30 9 FOREIGN ITEMS: None SILVER SHIPS INC. 9243 BELLINGRATH ROAD THEODORE, AL 36582 10a TIME OF DELIVERY AFTER RECEIPT OF ORDER (DAYS ARO): 365 DAYS Normal 10b EXPEDITIED DELIVERY: Contact contractor 10c OVERNIGHT AND 2 -DAY DELIVERY: N/A 10d URGENT REQUIREMENTS: None 11 FOB POINT: Origin 314 12a ORDERING ADDRESS: SILVER SHIPS INC. 9243 BELLINGRATH ROAD THEODORE, AL 36582 12b ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3. 13 PAYMENT ADDRESS: SILVER SHIPS INC. P.O. BOX 1260 THEODORE, AL 36590 14 WARRANTY PROVISION: Standard Commercial Warranty. Customer should contact contractor for a copy of the warranty 15 EXPORT PACKING CHARGES: N/A 16 TERMS AND CONDITIONS OF RENTAL: Not Applicable 17 TERMS AND CONDITIONS OF INSTALLATION: Not Applicable 18a TERMS AND CONDITIONS OF REPAIR PARTS: Not Applicable 18b TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not Applicable 19 LIST OF SERVICE AND DISTRIBUTION POINTS: Not Applicable 20 LIST OF PARTICIPATING DEALERS: Not Applicable 21 PREVENTIVE MAINTENANCE: Not Applicable 22a SPECIAL ATTRIBUTES: Not Applicable 22b SECTION 508 COMPLIANCE INFORMATION: Not Applicable 23 DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 625280151 24 CONTRACTOR HAS REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: Silver Ships is registered in the SAM Database 315 6.D Consent Agenda 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-024- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three -Party Escrow Agreement, and any required assurances, for the adjustment of Utilities' sanitary sewer manholes and valve boxes along SR 804/Boynton Beach Boulevard from North Congress Avenue to NW 8th Street with an initial estimate of $11,088. Requested Action: Approve Proposed Resolution No. R24-024. Explanation of Request: Florida Department of Transportation (FDOT) initiated a roadway improvement project along SR 804/Boynton Beach Boulevard from North Congress Avenue to NW 8th Street. The Utility has twelve (12) assets (sanitary sewer manholes and valve boxes) within the project limits. Currently, those assets are at grade level with the roadway. However, if those assets are not adjusted before the milling and resurfacing aspect of the project, there is a possibility they will be covered with asphalt and will be inaccessible. Sanitary sewer manholes and valves are essential to the Utility and provide access for preventative maintenance and functional control during emergencies. How will this affect city programs or services? Approval will allow FDOT's contractor to adjust the Utilities sanitary sewer manholes and valve boxes to the new roadway finished grade level preventing any assets from becoming inaccessible or paved over. Fiscal Impact: FDOT's initial estimate of the cost of the Utility work is $11,088. At such time FDOT provides the actual bid amount or official cost estimate, the City will issue a Purchase Order and payment to FDOT in the amount of the official estimate. Attachments: R24-024 Approve_Highway_Contractor_ Ag reeement_with_FDOT. docx 447667-1 UWHCA - City of Boynton Beach.pdf 447667-1 Estimate -City of Boynton Beach.pdf Disclosures for FDOT Utility Work by Highway Contractor Agreement (SR 804 Boynton Beach Blvd -N. Congress to NW 8th Street).pdf 316 317 1 RESOLUTION NO. R24-024 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN A UTILITY WORK BY 4 HIGHWAY CONTRACTOR AGREEMENT WITH FDOT, A THREE -PARTY 5 ESCROW AGREEMENT, AND ANY REQUIRED ASSURANCES FOR THE 6 ADJUSTMENT OF UTILITIES' SANITARY SEWER MANHOLES AND VALVE 7 BOXES ALONG SR 804/BOYNTON BEACH BOULEVARD FROM NORTH 8 CONGRESS AVENUE TO NW 8TH STREET WITH AN INITIAL ESTIMATE OF 9 $11,088.00; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, the Florida Department of Transportation (FDOT) initiated a roadway 11 improvement project along SR 804/Boynton Beach Boulevard from North Congress Avenue to 12 NW 8th Street; and 13 WHEREAS, the Utility Department has twelve (12) assets (sanitary sewer manholes and 14 valve boxes) within the project limits, which are at grade level with the roadway; and 15 WHEREAS, if the assets are not adjusted before the milling and resurfacing aspect of 16 the project, there is a possibility they will be covered with asphalt and will be inaccessible; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with 20 FDOT, a Three -Party Escrow Agreement, and any required assurances, for the adjustment of 21 Utilities' sanitary sewer manholes and valve boxes along SR 804/Boynton Beach Boulevard from 22 North Congress Avenue to NW 8th Street with an initial estimate of $11,088.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve and authorize the City Manager to sign a Utility Work by Highway Contractor 29 Agreement with FDOT, a Three -Party Escrow Agreement, and any required assurances for the 30 adjustment of Utilities' sanitary sewer manholes and valve boxes along SR 804/Boynton Beach C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\CBCL cr C40A72A6\Ca)BCLCizC40A72M.Docx 318 31 Boulevard from North Congress Avenue to NW 8th Street with an initial estimate of $11,088.00. 32 A copy of each Agreement is attached hereto and incorporated herein as Exhibit "A." 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 6th day of February 2024. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor — Ty Penserga 39 40 Vice Mayor —Thomas Turkin 41 42 Commissioner —Angela Cruz 43 44 Commissioner —Woodrow L. Hay 45 46 Commissioner —Aimee Kelley 47 48 VOTE 49 ATTEST: 50 51 52 Maylee De Jesus, MPA, MMC Ty Penserga 53 City Clerk Mayor 54 55 APPROVED AS TO FORM: 56 (Corporate Seal) 57 58 59 Shawna G. Lamb 60 City Attorney C:AUsers\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\CBCL cr C40A72A6\CquBCLCizC40A72A6.Docx 319 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) Financial Project ID: 447667-1-52-02 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Palm Beach State Road No.: 804 District Document No: Utility Agency/Owner (UAO): City of Boynton Beach THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and City of Boynton Beach, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Boynton Beach Blvd from North Congress Avenue to NW 8'h Street, State Road No.: 804, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before N/A, year of NA. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. Page 1 of 10 320 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: N/A. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: N/A. These exceptions shall be handled by separate arrangement. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: N/A (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2 of 10 321 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $11,088.00. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for Page 3 of 10 322 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. ® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests forwritten concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 10 323 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 10 324 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 10 325 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement Page 7 of 10 326 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Milot Emile, PE. - Boynton Beach Utilities, Engineering 124 E. Woolbright Road, Boynton Beach, FL 33435 EmileM@bbfl.us / (561)742-6407 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us (954)777-4360 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for Page 8 of 10 327 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Boynton Beach BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: John P. Krane, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY (Typed Name: ) (Typed Title: ) DATE: Page 9 of 10 328 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OCC -06/19 (AT UTILITY EXPENSE) Page 10 of 9 329 Attachments City of Boynton Beach 447667-1-52-02 1. Exhibit A — Scope of Services 2. Appendix A of Assurances 3. Three Party Escrow Agreement 330 EXHIBIT A Scope of Services 447667-1-52-02 The utility work to be performed under this agreement consists of adjustment of City of Boynton Beach Water Utilities facilities per plans dated September 27, 2023, by CHA Consulting, Inc. Summary of Quantities No. Item Description Unit Quantity 425-5-1 MANHOLE, ADJUST UTILITIES EA 1 425-6 VALVE BOXES, ADJUST EA 11 331 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ04/17 (Appendix A of Assurances) Financial Project ID: 447667-1-52-02 Federal Project ID: County: Palm Beach State Road No.: 804 District Document No: Utility Agency/Owner (UAO): City of Boynton Beach During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1 % of the total amount of the agreement between the Florida Department of Transportation and the UAO, or $2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 332 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ04/17 (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. 333 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), City of Boynton Beach ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: SR-804/Boynton Beach Blvd Project #: 447667-1-52-02 County: Palm Beach from N. Congress Ave. to NW 8t" St. WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 334 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 335 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date For PARTICIPANT (signature) Name and Title Federal Employer I.D. Number Date 336 I- ce) M O O O O O O OO O O 00 00 000 001 01 -1 O r -I 00 Ol i/)- A/)- t/T ++ y G v L 41 00 Z 4- 0 -W 3 4. 0 0 C) CD O H O v ao o ` ` U � 00 O > U cra v a a O H o 0 a i O N LL m dA O +T+ � `� 4-1 U c�a U D� W Z 4� o s LL ca N m QQ aE a LU w W m Ln V) O E O H 00 O 0 O O 3 O m U � H t � J Q1 p m D LL O O ++ LU c o 1 �_ 5a Q d w U {~ W f Q � co � N � J 0- O O o N73 U N D LA a O o ' tC Q w O lD LL X n —1 O O m U = Lu v tw O z J - LL a > u U O Z E w ri m ? L!1 w O d L( LA N N -0 m lzt I:t I I Ln Disclosures for Utility Work by Highway Contractor Agreement between FDOT and the City (SR-804/Boynton Beach Blvd. from N. Congress Ave. to NW 8t1 St.) MOT is performing a project on SR -804/ Boynton Beach Blvd. from N. Congress Ave. to NW 8th St. The City has twelve assets (sanitary sewer manholes and valve boxes) within the project. The City's assets are at grade level with the roadway, and if not adjusted, could be covered with asphalt and become inaccessible. This agreement allows FDOT's contractor to adjust the City's assets prior to milling and resurfacing the road as part of the project, and requires the City to reimburse MOT for the costs of such work. The agreement is on an MOT form. Essential business and legal terms are disclosed below. By executing this agreement, you are accepting these terms on behalf of the City. Term Requirement Indemnification The agreement contains a broad indemnification clause. The City is required to indemnify, defend, and hold FDOT harmless for the City's actions, errors, and omissions, whether directly or indirectly caused by City. Performance of 0 MOT is responsible for procuring the necessary construction contract. Utility Work . If the bid for the City's work exceeds FDOT's cost estimate by more than 10%, MOT may elect not to participate in the cost of the Utility Work. If MOT exercises this option, the City has 10 days to have the Utility Work removed from FDOT's contract, and shall be responsible for performing the work separately. • City is responsible for all engineering inspection, testing, and monitoring of the Utility Work. The City must provide FDOT with daily diary records showing approved quantities in accordance with FDOT procedures. Cost of Utility • City is responsible for all costs of the Utility Work and all costs associated with Work adjustments or changes to Utility Work deemed necessary by FDOT's engineer. • The agreement includes an initial cost estimate; however, this is not a final amount. The City has 5 business days after receiving the official estimate to determine whether to accept the price or remove the Utility Work from FDOT's project. • 45 days prior to FDOT bidding the project, the City is required to pay FDOT the amount of the official estimate, plus 2% for additional allowance, plus a 10% contingency. o If the contractor's bid exceeds the City's payment, the City has 14 days to remit additional payment to FDOT. • If other contract modifications increase the City's project cost, the City must deposit the amount due in advance of the work being performed. Claims Against • City is responsible for all costs incurred as a result of delay to MOT or its City contractors caused by errors or omissions in the Plans Package or failure of the City to timely perform under the Agreement. • Any claims between the City and FDOT's contractor must be resolved in writing and resolution is subject to FDOT's approval. • MOT can withhold surplus funds due to the City until final resolution of any claims relating to the Utility Work. 338 Out of Service . If City breaches the Agreement, it must remove the facilities. Facilities . FDOT may at any time determine that removal of the City's Utility Work is necessary or needed for other active utilities, and can require City to remove its facilities at the City's cost and expense. • City's is responsible for reimbursing FDOT for all costs of any nature resulting from the City's facilities within the right of way. 339 6.E Consent Agenda 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-025- Approve and authorize the City Manager to sign a Hold Harmless Agreement between the City of Boynton Beach (the "Indemnitee") and Verizon VZB (the "Indemnifier") to install fiber optic cable, conduit, and handholes within Boynton Beach Utilities' 20 -foot easement along North Congress Avenue. Requested Action: Approve Proposed Resolution No. R24-025. Explanation of Request: Boynton Beach Utilities is requesting a Hold Harmless Agreement from Verizon VZB for the installation of fiber optic cable, conduit, and handholes within an existing Boynton Beach Utilities easement. Verizon VZB is proposing to install via Directional Bore approximately 1,725 linear feet of fiber optic conduit on North Congress Avenue, from 1301 N. Congress Avenue to 1770 N. Congress Avenue within the Palm Beach County (PBC) and the Lake Worth Drainage District (LWDD) rights-of-way. Due to limited spaces available along the right- of-way, four (4) of the Verizon VZB handholes are being proposed to be located within Boynton Beach Utility's 20 -foot easement. Therefore, Verizon VZB will be held accountable for the costs associated with damages to the City's 16 -inch water main and 16 -inch force main located within the 20 -foot utility easement along N. Congress Avenue in the event that damage occurs. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact to the City. Attachments: R24-025 Approve_Hold_Harmless _ Agreement _ with _ Verizon_ N_ Congress_Avenue.docx Verizon Hold Harmless Agreement - (12.13.23-SRW).pdf Verizon Drawings for Hold Harmless Agreement - EW02305BXOH - 1770 N CONGRESS AVE_ BOYNTON BEACH_ Permit.pdf 340 1 RESOLUTION NO. R24-025 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 4 HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF BOYNTON 5 BEACH (THE "INDEMNITEE") AND VERIZON VZB (THE 6 "INDEMNIFIER") TO INSTALL FIBER OPTIC CABLE, CONDUIT, AND 7 HANDHOLES WITHIN BOYNTON BEACH UTILITIES' 20 -FOOT 8 EASEMENT ALONG NORTH CONGRESS AVENUE; AND PROVIDING 9 AN EFFECTIVE DATE. 10 WHEREAS, Verizon VZB is proposing to install via directional bore approximately 1,725 11 linear feet of fiber optic conduit on North Congress Avenue, from 1301 N. Congress Avenue to 12 1770 N. Congress Avenue within the Palm Beach County (PBC) and the Lake Worth Drainage 13 District (LWDD) rights-of-way; and 14 WHEREAS, Due to limited spaces available along the rights-of-way, four (4) of the 15 Verizon VZB handholes are being proposed to be located within Boynton Beach Utilities 20 - 16 20 -foot easement and, therefore, Verizon VZB will be held accountable for the costs associated 17 with damages to the City's 16 -inch water main and 16 -inch force main located within the 20- 18 foot utility easement along N. Congress Avenue, in the event that damage occurs; and 19 WHEREAS, Boynton Beach Utilities is requesting a Hold Harmless Agreement from 20 Verizon VZB for the installation of fiber optic cable, conduit, and handholes within an existing 21 Boynton Beach Utilities easement; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve 24 and authorize the City Manager to sign a Hold Harmless Agreement between the City of 25 Boynton Beach (the "Indemnitee") and Verizon VZB (the "Indemnifier") to install fiber optic 26 cable, conduit, and handholes within Boynton Beach Utilities' 20 -foot easement along North 27 Congress Avenue. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr D40A61BB\ a>BCL@D40A61BB.Docx 341 30 Section 1. Each Whereas clause set forth above is true and correct and 31 incorporated herein by this reference. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve and authorize the City Manager to sign a Hold Harmless Agreement between the City of Boynton Beach (the "Indemnitee") and Verizon VZB (the "Indemnifier") to install fiber optic cable, conduit, and handholes within Boynton Beach Utilities' 20 -foot easement along North Congress Avenue. A copy of the Hold Harmless Agreement is attached hereto and incorporated herein as Exhibit "A." Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of February 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr D40A61BB\ a>BCL@D40A61BB.Docx 342 HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT (the "Agreement") is made as of (the "Effective Date") by and between City of Boynton Beach (the "Indemnitee"), located at 124 E. Woolbright Rd., Boynton Beach, Florida 33435, and Verizon VZB (the "Indemnifier"), located at 4700 Exchange Ct., Boca Raton, Florida 33431. The Indemnitee and Indemnifier may be referred to individually as the "Party", or collectively, the 'Parties"„ RECITALS WHEREAS, the Indemnifier desires to hold harmless and indemnify the Indemnitee from all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses that may result from the indemnitee's participation in the activity defined in section 1.0T and WHEREAS, Indemnitee desires indemnity against all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses that may result from the Indemnitee's participation in the activity defined in section 1.07. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: SECTION 1: DEFINITIONS AND INTERPRETATIONS 1.01 Words in the singular shall include the plural and vice versa. 1.02 A reference to one gender shall include a reference to the other genders. 1.03 A reference to writing or written includes e-mail. 1.04 Any obligation in this Agreement on a Party not to do something includes an obligation not to agree or allow that thing to be done. 1.05 Any phrase introduced by the terms "including", "include", "in particular "or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 1.06 References to sections or clauses are to the sections or clauses of this Agreement. 1.07. "Activity" shall mean: Placement Via Directional drill of 1525' of 2" HOPE with 12ct FOC along west side Congress Ave between Renaissance Way and Renaissance Ave in Boynton Beach, Florida. SECTION 2: INDEMNIFICATION 2.01 Indemnification„ To the fullest extent permitted by applicable law, the Indemnifier will hold harmless, defend, and indemnify the Indemnitee and all of Indemnitee's current, past, and future officers, agents, and employees (collectively "Indemnified Party"), from and against any and all claims and actions arising out of the Activity, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in party, by Indemnifier's participation in the Activity, or any intentional, reckless, or negligent act or omission of Indemnifier, its officers, employees, or agents, arising from, relating to, or in connection with the Activity, subject to the limits on indemnification described in section 2.02. If any claim is brought against an Indemnified Party, Indemnifier shall, upon written notice from Indemnitee, defend each Indemnified Party with counsel satisfactory to Indemnitee or, at Indemnitee's option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 343 2.02 Exceptions. Indemnifier shall not hold harmless and indemnify Indemnitee under the following circumstances: against a claim caused solely by the negligence or fault of the Indemnitee, its agent or employee, or any third party under the control or supervision of the Indemnitee, other than the Indemnifier or its agents, employees or contractors or where the actions or conduct of the Indemnitee constituted willful misconduct or the Indemnitee was knowingly fraudulent or deliberately dishonest. 2.03 Settlement and Consent The Indemnitee will not settle any claim or action without first obtaining the written consent of the Indemnifier. The Indemnifier or will not be liable for any amounts paid in settlement of any claim or action where written consent was not obtained. 2.04 Cooperation. Both Parties agree to cooperate in good faith and provide any and all information necessary for the defense of any claim or action. SECTION 3: MISCELLANEOUS 3.01 Representation on Authority of Parties/Signatories. Each Party signing this Agreement represents and warrants that they are duly authorized and have legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Pany's obligations hereunder have been duly authorized, and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 3.02 Amendment. This Agreement may only be changed or supplemented by a written amendment, signed by authorized representatives of each Party. 3.03 Waiver. The waiver of any breach or violation of any term or condition hereof shall not affect the validity or enforceability of any other term or condition, nor shall it be deemed a waiver of any subsequent breach or violation of the same term or condition. No waiver of any right or remedy under this Agreement shall be effective unless made in writing and executed by the Party so to be charged. The rights and remedies of the Parties to this Agreement are cumulative and not alternative. 3.04 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties, replacing all other written and/or previous agreements. 3.05 Severability. The Parties acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 3.06 Governing Laws. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of Florida, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in Palm Beach County, Florida shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement. 3.07 Effect of Title and Headings The title of the Agreement and the headings of its Sections are included for convenience and shall not affect the meaning of the Agreement or the Section. 3.08 Attorney's Fees. If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees incurred in connection with such legal proceeding. The term "prevailing party" shall mean the party that is entitled to recover its casts in the proceeding under applicable law, or the party designated as such by the court. 3.09 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties, their respective successors and assigns. 3.10 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 344 3.11 Counterparts. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. THE UNDERSIGNED HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT, and by signing this Agreement, all Parties agree to all of the aforementioned terms, conditions, and policies. 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U z w .0w. 0 w w W >¢ z < al 2UO yI Um CL l~i�l/J wN� un O �¢<° Y 'T p0�O v� w N p U N W J w CO U N c� O - 21 U O dOLLOw wj�_ UI �OwWx z'I wI I I I I I I 0 p d ❑o j - O LL r❑ O ¢ z ¢ �¢OywOmx x r CL F x N O m tD R N O ¢awwx I - = � a O I I I I li li li O I 7 I I I WL) I I I p x I o rv�,a O HOCL N O m (O N O N (O F_ 1 p Z > a o + o O U az � a I,, � I Z r I, I I� I� I,, ❑ w❑� I,, z I o N m I W V W w~j Lll h = N II I Nn.9 I II II II II Q IW L9£ H9£ 6.F Consent Agenda 02/6/2024 Proposed Resolution No. R24-026- Approve and authorize the City Manager to sign an easement document between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and the City of Boynton Beach (the "Grantee") for existing on-site utilities at WXEL, located at 3401 South Congress Avenue. Requested Action: Approve Proposed Resolution No. R24-026. Explanation of Request: WXEL, located at 3401 South Congress Avenue, proposed the addition of a Cultural Arts Center to its existing two-story building. As part of the site plan approval, WXEL was required to provide a dedicated easement to the City of Boynton Beach (the" Grantee") for the existing on-site 8 -inch water main, 30 -inch reclaimed water main, and 36 -inch force main along South Congress Avenue. Please note that the property owner and grantor for the easement is the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact to the City. Attachments: R24-026 WXEL _Easement _for _on-site _Utilities.docx A AID 45915 Easement 33495 OGC signed REVSIED SIGNATURE PAGE 11-17-23 (002).pdf WXEL WDS SS 11-30-23.pdf 369 1 RESOLUTION NO. R24-026 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN 4 EASEMENT DOCUMENT BETWEEN THE BOARD OF TRUSTEES OF THE 5 INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA 6 (THE "GRANTOR") AND THE CITY OF BOYNTON BEACH (THE 7 "GRANTEE") FOR EXISTING ON-SITE UTILITIES AT WXEL, LOCATED AT 8 3401 SOUTH CONGRESS AVENUE; AND PROVIDING AN EFFECTIVE 9 DATE. 10 WHEREAS, WXEL, located at 3401 South Congress Avenue, proposed the addition of 11 a Cultural Arts Center to their existing two-story building; and 12 WHEREAS, as part of the site plan approval, WXEL was required to provide a 13 dedicated easement to the City of Boynton Beach (the" Grantee") for the existing on-site 8- 14 inch water main, 30 -inch reclaimed water main, and 36 -inch force main along South Congress 15 Avenue; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve 18 and authorize the City Manager to sign an easement document between the Board of 19 Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and 20 the City of Boynton Beach (the "Grantee") for existing on-site utilities at WXEL, located at 21 3401 South Congress Avenue. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, does 27 hereby approve and authorize the City Manager to sign an easement document between the 28 Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the 29 "Grantor") and the City of Boynton Beach (the "Grantee") for existing on-site utilities at WXEL, C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr DCOA8BFF\@BCL@DCOA8BFF.Docx 370 30 located at 3401 South Congress Avenue. A copy of the Easement is attached hereto and 31 incorporated herein by reference as Exhibit "A." 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this 6th day of February 2024. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr DCOA8BFF\@BCL@DCOA8BFF.Docx 371 This Easement was prepared by: Jay Sircy, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 Action No. 45915 OAE 1 [ 0.25 acres +/-] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA EASEMENT Easement Number 33495 THIS EASEMENT, made and entered into this day of 20, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by South Florida PBS, Inc., a Florida not for profit corporation, under Sublease Number 4835-001 ("managing agency"); and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for installation, operation and maintenance of underground water and sewer utility lines; and WHEREAS, the managing agency has agreed to the proposed use of the land subject to this easement. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the following described real property in Pahn Beach County, Florida, to -wit: (See Exhibit "A" Attached)(the "Easement Area") subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida. Department of Environmental Protection. 372 2. TERM: The term of this easement shall be for a period of 50 years commencing on and ending on , unless sooner terminated pursuant to the provisions of this easement. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to installation, operation and maintenance of underground water and sewer utility lines, upon and across the Easement Area during the term of this easement. This easement shall be non-exclusive. GRANTOR retains the right to engage in any activities on, over, below or across the Easement Area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the Easement Area for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the Easement Area and adjacent land during the tern of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a water course, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents produced or used in GRANTEE'S operations on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the Easement Area and adjacent land which is a result of GRANTEE'S operations and use of the Easement Area. Upon termination or expiration of this easement GRANTEE shall restore the Easement Area to substantially the same condition it was upon the Effective Date. GRANTEE agrees that upon termination or expiration of this easement all authorization granted hereunder shall cease and terminate. If the Easement Area is under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the Easement Area. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. Action 45915 Easement 33495 Page 2 of 9 373 NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. LIABILITY: GRANTOR does not warrant or represent that Easement Area is safe or suitable for the purpose for which GRANTEE is permitted to use it, and GRANTEE and its agents, representatives, employees, and independent contractors assume all risks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense and to indemnify, protect, defend, save and hold harmless GRANTOR and the State of Florida, its officers, agents and employees from any and all damages, claims, costs, expense, including attorney's fees, demands, lawsuits, causes of action or liability of any kind or nature arising out of all personal injury or damages attributable to the negligent acts or omissions of GRANTEE and its agents, officers, and employees. GRANTEE shall contact GRANTOR regarding the legal action deemed appropriate to remedy such damage or claims. The GRANTEE shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, F.S. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. In the event GRANTEE subcontracts any part or all of the work performed in the Easement Area, the GRANTEE shall require each and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required by the GRANTEE. Any contract awarded by GRANTEE for work in the Easement Area shall include a provision whereby the GRANTEE's subcontractor agrees to indemnify, pay on behalf, and hold the GRANTOR harmless for all injuries and damages arising in connection with the GRANTEE's subcontract. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or Action 45915 Easement 33495 Page 3 of 9 374 encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space there above. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the tern of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be tenninated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the Easement Area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be home completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. Action 45915 Easement 33495 Page 4 of 9 375 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. [Remainder of page intentionally left blank; Signature page follows] Action 45915 Easement 33495 Page 5 of 9 376 IN WITNESS WHEREOF, the parties have caused this Easement to be executed on the day and year first above written. WITNESSES: Original Signature Print/Type Name of Witness Address: 3800 Commonwealth Blvd Tallahassee, FL 32399 Original Signature Print/Type Name of Witness Address: 3800 Commonwealth Blvd Tallahassee, FL 32399 STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "GRANTOR" The foregoing instrument was acluiowledged before me, by physical presence or online notarization this day of , 20 , by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. Approved bject to roper Etc on: Notary Public, State of Florida BY: 01-05-2024 DEP rney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Action 45915 Easement 33495 Page 6 of 9 377 WITNESSES: Signature Print/Type Name of Witness Address: Original Signature Print/Type Name of Witness Address: STATE OF _ COUNTY OF CITY OF B017NTON BEACH, FLORIDA, a Florida municipal corporation BY: Original Signature of Executing Authority Daniel Dugger, City Manager Print/Type Name of Executing Authority and Title "GRANTEE" (SEAL) The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization this day of 20 by Daniel Dugger, City Manager, for and on behalf of the City of Boynton Beach, Florida, a Florida municipal corporation. He is personally known to me or who has produced as identification. Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Action 45915 Easement 33495 Page 7 of 9 378 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF 2 DESCRIPTION.• THE EAST 22.0 FEET; AND THE WEST 15.0 FEET OF THE EAST 37.0 FEET OF THE NORTH 10.0 FEET OF THE SOUTH 62.0 FEET OF THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.- COMMENCING A T THE NORTHEAST CORNER OF SAID SECTION 6, THENCE WI TH A BEARING OF SOUTH, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1783.92 FEET TO A POINT- THENCE WI TH A BEARING OF WEST, A DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT OF WA Y LINE OF CONGRESS A VENUE, SAID POINT BEGINNING THE POINT OF BEGINNING; THENCE CONTINUE WITH A BEARING OF SOUTH ALONG THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE; SAID POINT L PING 53.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 6, A DISTANCE OF 480.00 FEET TO A POINT THENCE WITH A BEARING OF WEST A DISTANCE OF 370.00 FEET, • THENCE WITH A BEARING OF SOUTH, A DISTANCE OF 11128 FEET; THENCE WI TH A BEARING OF WEST, A DISTANCE OF 380.00 FEET TO A POINT ON THE EAST LINE OF THE SUBDI VISION SUMMI T PLA T NO. 1 AS RECORDED IN PLA T BOOK 36, PAGES 48 THROUGH 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF NORTH ALONG THE EAST LINE OF SUMMIT PLAT NO. 1, A DISTANCE OF 229.26 FEE T; THENCE WITH A BEARING OF EAST, A DISTANCE OF 380.00 FEET; THENCE WITH A BEARING OF NORTH, A DISTANCE OF 39109 FEET, • THENCE WITH A BEARING OF SOUTH 85030'30" EAST, A DISTANCE OF 37114 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS THE EAST 7.0 FEET THEREOF. BSM Digitally signed by BSM APPROVED APPROVED BY GARY TEW BY GARY TEW Date: 2023.02.09 11:00:51 -05'00' ORDER NO. 21 10 "WA TER EASEMENT" Action 45915 Easement 33495 Page 8 of 9 Digitally signed by Paul D. Paul D. Engle E n I e Date: 2022.06.01 15:04:52 -04'00' PAUL D. ENGLE SURVEYOR & MAPPER NO. 5708 DA TE- JUNE 1 2022 ENGLE LAND SURVEYING LLC CERTIFICATE OF AUTHORIZATION #LB8447 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K-1 DELRA Y BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 XlDrawingSIGENER4L CADDIGxdIWXEL EASEMENT SHEET 1 -- 06/01/2022 -- 03:03 PM -- Sca/e 1 : 480.0000 s t9 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET 2 OF 2 37129' SURVEY 37114' DEED 364.26' S85°30'30't N.E. CORNER SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND N = POINT OF COMMENCEMENT �I W POINT OF BEGINNING WEST z 74 53.00' 22.0' 7.03' Action 45915 Easement 33495 Page 9 of 9 sou X:IDrawingsIGENER4L CADDIGxdIWXEL EASEMENTSHEET2-- 06/01/2022-- 03:04 PM-- Sca/e 1 : 480.0000 -7) 0, 15.00' I EAST 380.00' 0 o o I i 7.00' i z 363.00' �p 370.00' WEST i N w DO BSM Digitally signed by 60.01 N N NENGLE o APPROVED BSM APPROVED LAND SURVEYING LLC CERTIFICATE OF AUTHORIZATION 11LB8447 J80.00$BY GARY BY GARY TEW SURVEYOR AND MAPPER IN RESPONSIBLE Date: 2023.02.09 CHARGE. PAUL D. ENGLE WEST TEW 11:01:56 -05'00' 955 N.W. 17TH AVENUE, SUITE K-1 DELRAY BEACH FLORIDA 33445 1 ORDER NO. 210"WATER EASEMENT" (561) 276-4501 (561) 732-3279 Action 45915 Easement 33495 Page 9 of 9 sou X:IDrawingsIGENER4L CADDIGxdIWXEL EASEMENTSHEET2-- 06/01/2022-- 03:04 PM-- Sca/e 1 : 480.0000 THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY. 0 50 100 200 Feet Easement No. 33495 N Palm Beach. County, Florida 1 i1, 7 n \\I161 11\U \C- , 1 _.(;7N\7 a6n \, 33495\( JS\EA N 3}gl5.e- 1)aacS,—d 1/211/21123 12:117 P51 Nbj, (]-,1cd B, N. 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Requested Action: Approve minutes from the January 16, 2024 Commission Meeting. Explanation of Request: The City Commission met on January 16, 2024 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 01-16-2024 CC Meeting- Minutes.docx 395 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, January 16, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Andrew Mack, Deputy City Manager Shawna Lamb, City Attorney Tammy Stanzione, Deputy City Clerk Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Pastor Duane Roberts, Calvary Chapel. Invocation was given by Pastor Roberts. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Turkin requested to add a discussion on attending the NLC Congressional City Conference, in March. City Attorney Lamb noted that Item 6K resolution was updated, due to scrivener's error. She said that the resolution had an amount of $25,000 which was incorrect, the corrected dollar amount is $50,000. Motion: Commissioner Cruz moved to approve the agenda as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other 396 City Commission Meeting Boynton Beach, FL January 16, 2024 A. Informational items by the Members of the City Commission. Vice Mayor Turkin said that he attended the MLK event and Palm Beach County Days in Tallahassee. Commissioner Hay commended staff for the MLK event. He said that he would like the parade route to be longer next year. Commissioner Kelley said that she attended Palm Beach County Days. She stated that thankfully there are no hard bills that we have to fight, and that we are really just going up to Tallahassee an asking for appropriations and hopefully we will get some. She commended the Fire Department for the beach cleanup. She said that there was an amazing turn out. 3. Announcements, Community and Special Events and Presentations A. State of Education Report by District 4 School Board Member Erica Whitfield. Erica Whitfield, District 4 School Board Member gave her State of Education Report. Commissioner Kelley inquired about how many students have utilized the waiver since the beginning of the school year. Ms. Whitfield stated that she is not sure about the state of Florida. She said that in Palm Beach County we have been lucky, and that they thought there was going to be a huge impact. She mentioned that most of the students in private schools are taking the funds, and that there was not a huge shift to private schools. Commissioner Kelley stated that she is concerned with the start time change for the schools. She asked how the change is going to affect after school activities, internships, and school sports. She said that it is her understanding that high school is not going to be able to start before 8:30 A.M. She mentioned that some kids have after-school programs and this change would potentially have them working later. She asked if they are really recouping that sleep time, by having to work later or to get the hours to help their families. She said that she has spoken with other parents with high school students and this is just a few of their concerns. Ms. Whitfield agreed with Commissioner Kelley. She said that the other concern is the lighting on the sports fields, and that the fields need to be lit up. She mentioned that you are going to see the shift to morning practice before school. She stated that there is going to be a committee made up of community members to help us deal with this. She said that the ideal situation would be that every student start school at 8:30AM and we do not have a shift. She commented that middle schools right now are doing 9:30 AM in many places and 397 City Commission Meeting Boynton Beach, FL January 16, 2024 that we may have to push them as far as 10:00 AM, 10:30 AM because we have to get the buses back. She explained that right now, one bus driver does a high school route, then they drop off the high school kids off, then pick up elementary students, and then the middle school. She stated to do that many more routes, we need to buy the buses but the bus drivers are almost impossible to come by. She stated that we have done everything we can to raise pay, raise spirits to make sure they like their jobs, and even with that, this is a huge pull on the system. Commission Hay commended Ms. Whitfield for the job she is doing and looking outside the box to try to resolve some of the issues that we have with our kids. He inquired if charter schools renting space in churches is it permitted. Ms. Whitfield responded that she has seen some charter schools being run out of churches and that is fine. She said that with new policy from the State, she could imagine that it would be okay. She said that we have a charter school department that works through these issues to make sure the space is appropriate. She said that she would recommend coming through the County, because they have local staff to help. Mayor Penserga thanked Ms. Whitfield for the hard work she has been doing. B. Proclamation- Seminole Maroon Remembrance Day. Mayor Penserga read the Proclamation and presented the Proclamation to Victor Norfus. C. Proclamation- Arbor Day. Mayor Penserga read the Proclamation and presented the Proclamation to Debbie. D. Announcement of Oceanfront Bark. Mayor Penserga announced the Oceanfront Bark event. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz, said that it seems that the guardrails provided by the City Charter, no longer exists for the Mayor. He stated that in clear violation of the charter, he has embedded himself in personnel matters and without the consent of a majority vote of the Commission he sought legal advice from outside counsel on personnel matters. He spoke about the Mayor creating chaos in the City. He said that the Mayor should do our City favor and just resign or maybe we should move forward on a recall petition. He commented that 398 City Commission Meeting Boynton Beach, FL January 16, 2024 everyone should know that until he ran for office four years ago, he had never voted in the City Election. He said that the privilege to serve in public office is not about you, it is about the people who allow you to do it, and that the Mayor has lost his way. He said that real leaders have a compass and he has lost all sense of direction. Nadine Frakes, thanked the Mayor for his concern and understanding regarding a complaint that she had about the Boynton Beach Police Department. She said that her daughter Michelle, had M.S. for 13 years and on the night her daughter died, two Police Officers walked into her home illegally. She stated that she had no idea why the Police Officers where there. She mentioned that Sargent Haus entered the home and apologized for her lost, and told the women Police Officers to check her. She said that was her first understanding that they thought she had done something to her daughter. Mayor Penserga encouraged her to reach out the City Manager and the Police Chief. Cindy Falco De Corrado said that she did notice that they are building more water pipes on the west side of Woolbright. She stated that she noticed 12 police cars on Boynton Beach Boulevard by 1-95, nine of them parked at the Palm Beach eyeglass place, and three Police Officers in somebody's car. She asked who pays their salary for standing around doing nothing? George Domsky said that he was there to talk about his wife Nadine and his stepdaughter Michelle. He stated that Boynton Beach Fire Department was excellent and pronounced Michelle dead and that the two Officers enter the house without knocking. He mentioned that they wanted to remove the body from the house. He said that the Sergeant apologized for the fiasco, that they were in the wrong, and you do have 24 hours to remove the body. He said that he had to wait a long time to get the report from the Police Department. Victor Norfus said that he wanted to talk about the cemetery and the lack of a Cemetery Board. He stated that there is a problem with keeping the cemeteries clean and that the baseball field needs to be moved to make room for the cemetery. He commented that he took one of the Commissioners out to Barton Cemetery to show him the conditions of the cemetery, and he was appalled as well. He mentioned that there was a Cemetery Board and they were taking care of the cemeteries. He said that at one time there was a Community Relations Board, and both boards were removed because they were costing too much money. Dr. Piotr Blass said that the City has a superb Library. He said that the Library was number one in the State and to keep it up to be number one in the Country. He stated that the attacks on the Mayor are not kosher something is wrong. He said that the Mayor is doing a good job. Mayor Penserga closed Public Audience. 4 399 City Commission Meeting Boynton Beach, FL 5. Administrative - None 6. Consent Agenda January 16, 2024 A. Proposed Resolution No. R24-001- Approving an Interlocal Agreement with Palm Beach County providing for certain Traffic Control Authority within the City. B. Proposed Resolution No. R24-002- Approve and Authorize the City Manager to sign the Grant Agreements for the FY 2023-2024 Small Business Support Grant program awarded applicants in the amount of $10,000 per applicant for a total of $80,000. C. Proposed Resolution No. R24-003- Approve and Authorize the City Manager to sign the Grant Agreements for the awarded grant recipients for the FY 2023-2024 Small Business Marketing Grant program in an amount not to exceed $2,500 per applicant, for a total of $45,000. D. Proposed Resolution No. R24-004- Approve and authorize the assessment and recording of Nuisance Abatement Liens against properties in the public records of Palm Beach County within 60 days of adoption of the Resolution. E. Proposed Resolution No. R24-005- Approve and authorize the City Manager to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Palm Beach County Sheriff's Office (PBSO), providing $111,000 in additional funds to PBSO from the State Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program to cover operational costs of the investigative operation. F. Proposed Resolution No. R24-006- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three Party Escrow Agreement, and any required assurances, for the adjustment of Utilities' sanitary sewer manholes and valve boxes along SR-804/East Ocean Avenue from SR-5/US-1 to A1A with an initial estimate of $10,052. G. Proposed Resolution No. R24-007- Amend Fund 302 from $8,429,891 to $8,510,791 utilizing $80,900 of fund balance and approve Task Order # UT -3E-08 based on the RFQ 046-2821-17/TP for General Consulting Services contract to West Architecture + Design, LLC, as the next pre- qualified vendor for the Design of the Ezell Hester Center Airnasium, in the amount of $80,900. H. Proposed Resolution No. R24-008- Approve and authorize the Mayor to 5 400 City Commission Meeting Boynton Beach, FL January 16, 2024 sign the Settlement Agreement and Mutual Release between the City of Boynton Beach and ZeroRisk HR, LLC, and terminate the Hiring System Enterprise License Agreement. I. Proposed Resolution No. R24-009- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. J. Proposed Resolution No. R24-010- Approve and Authorize the City Manager to sign the Local Agency Program Agreement (LAP Agreement), accept the LAP Agreement, and execute all documents associated with the LAP Agreement, subject to the approval of the City Attorney, for the SE 1 st Street Complete Streets improvement project. K. Proposed Resolution No. R24-011- Approving and authorizing the City Manager to sign all procurement contracts in accordance with the limits set forth in the City of Boynton Beach procurement policy. L. Proposed Resolution No. R24-012- Approve and authorize the use of $236,500 of the City's State Housing Initiatives and Partnership (SHIP) Program funds toward the rehabilitation of the property located at 2385 SW 13 Way Boynton Beach, FL 33426 and authorize the Mayor to sign a subrecipient agreement with Habitat for Humanity of Greater Palm Beach County, Inc., to complete the rehabilitation of the property. M. Lease Extension Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency, extending the current lease for twelve (12) additional months for the use of property located at 511 E. Ocean Avenue, Boynton Beach, FL 33435. N. Proposed Resolution No. R24-014- Approve and ratify the City Manager signing a Facility Use Agreement between the City of Boynton Beach and Face It Athletics Corp. to allow Face It Athletics Corp. to host a Men's Basketball Tournament at Ezell Hester Jr. Community Center gymnasium on January 13, 2024. O. Proposed Resolution No. R24-015- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for January 16, 2024 - "Request for Extensions and/or Piggy -backs." P. Commission Meeting Minutes. Q. Proposed Resolution No. R24-019- Approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement between the City 6 401 City Commission Meeting Boynton Beach, FL January 16, 2024 and the CRA for the CRA District Streetscape/Lighting Improvements. Vice Mayor Turkin pulled items #6E #6L. Commissioner Cruz pulled item #6J. Motion: Vice Mayor Turkin moved to approve the remainder of the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. Daniel Dugger, City Manager, said that this is money we receive from the state. He stated that we had a large multi -agency operation that removed probably about 44 pounds of fentanyl off the streets of Boynton Beach. Vice Mayor Turkin said that he had no questions, but that it is important to note the big accomplishments that we can do working with the state agencies and grant funding. He mentioned that the fentanyl that was taken off the street was a few blocks from a school which is a huge deal. He said that he wanted to give kudos to both the City staff for working with the Police Department and our brave men and women for putting their lives at risk to make this a cleaner and safer community. City Manager Dugger introduced Assistant Chief Jack Deal, Support Services with the Detective Bureau and Investigation Services. He said that Chief Deal had very distinguished career with and has been with the department for about two years. Jack Deal, Assistant Chief, said that the members of the Investigative division did exceptional work. He said that it was an extended case and it would not have been possible without the grant from Florida Department of Law Enforcement. He commented that we got this grant because Boynton Beach has a higher number of fentanyl overdosed deaths. He explained that it was an 18 -month investigation with 11 search warrants and that they seized 23 kilograms of cocaine, 127 grams of fentanyl, 34 grams of methamphetamine, over $100,000 in cash, nine vehicles, 23 firearms and 22 arrests. He said that they have more charges that are forthcoming, and that this was completed in conjunction with the Palm Beach Sheriff's Office. He said that the majority of the targets were here in Boynton, and that we would expect that this would have a profound impact. Motion: Commissioner Vice Mayor Turkin moved to approve Proposed Resolution No. R24-005. Commissioner Kelley seconded the motion. The motion passed unanimously. Commissioner Cruz requested that Item 6J be tabled to the next meeting. She said that she is waiting for the TPA Executive Director to get back to her. She stated that she is waiting to see if the City can get more funding. 402 City Commission Meeting Boynton Beach, FL January 16, 2024 Motion: Vice Mayor Turkin moved to table Item 6J Proposed Resolution No. R24-010 to the next meeting. Commissioner Kelley seconded the motion. Moisey Abdurakhmanov, Engineer, said that this item needed to be on this agenda for the agreement the City has with FDOT. He said that the agreement has to be back to FDOT per their requirements by the 22nd of January. He stated that if this item is tabled, there is a possibility that the grant will be forfeited. There was a consensus to rescind Vice Mayor Turkin's motion. Mr. Abdurakhmanov noted that the FDOT is not allowed to give more than $1.5 million - dollars per grant, per project. Motion: Commissioner Cruz moved approve Proposed Resolution No. R24-010. Commissioner Hay seconded the motion. The motion passed unanimously. RJ Ramirez, Manager, Community Improvement, said that this item is asking for authorization from the City Commission to utilize $236,500 to rehabilitate a property belonging to a low-income Veteran here in Boynton Beach. He stated that he is asking for authorization from the Commission because the dollar amount is above the Statehouse Partnership Program (S.H.I.P.) allowable amount of $95,000. Vice Mayor Turkin said that he pulled this item because it is a good story to share. He stated that this is a disabled Veteran who served our Country. He mentioned that Mr. Hart, Community Standards, was a big component of the project. He commended both Mr. Ramirez and Mr. Hart for thinking of those who have served. He commented that we hear a lot of negativity, and it is important to illuminate the positive impacts that we do here at the City of Boynton Beach. Mr. Ramirez said that Habitat for Humanity has worked very hard with partners in the Community to be able to bring this project to a very low cost, and with some donations, was to be able to get the Veteran back in his house. City Manager Dugger said that it is also important to recognize Commissioner Cruz, who has worked tirelessly behind the scenes for a very long time to make sure this individual received the help he needed. Commissioner Cruz thanked Staff. She said that Mr. Ramirez did a fantastic job, as well as Habitat for Humanity. Commissioner Kelley said that when she was at Palm Beach County Days she had 8 403 City Commission Meeting Boynton Beach, FL January 16, 2024 the opportunity to speak with Jennifer from Habitat for Humanity. She said that Habitat is extremely excited to be part of this project, and that there has been a lot of donations and a lot of people have jumped in to help. She stated that Jennifer wants to make sure that after all the repairs are done, that this house if fully functional and useful. Motion: Commissioner Cruz moved to approve Proposed Resolution No. R24-012. Vice Mayor Turkin seconded the motion. The motion passed unanimously. Proposed Resolution No. R24-013- Approve and authorize the Mayor to sign the 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R24-016- Approve the purchase in the amount of $1,350,000 for Ion Exchange Resin from Ixom Watercare, Inc. as a sole source purchase, and authorize the City Manager to execute all contract documents necessary to complete the purchase, subject to review for legal sufficiency by the City Attorney's Office. B. Proposed Resolution No. R24-017- Approve and authorize the City Manager to sign a First Amendment to the Master SaaS agreement with AssetWorks, Inc., for the purchase and installation of additional modules and services, increasing the contract price by an amount not to exceed $446,940, and authorizing the City Manager to sign any ancillary documents necessary to implement the amendment. C. Proposed Resolution No. R24-018- Approve the purchase of five (5) vehicles for replacement and one (1) new equipment asset, which are scheduled in the FY2023/2024 budget, by utilizing the Florida Sheriff's Association Contract FSA23-VEL31.0, the Florida Sheriffs Association Contract FSA23-EQU21.0, Sourcewell Contract 2024 09152 -NAF 060920, and the Florida State Contract- DMS No. 22100000 -21 -STC, for an estimated total amount of $395,670.21, plus a contingency of twenty-two percent (22%) for vehicle increases, should these vehicles no longer be available and new models be delivered, and authorize the City Manager to execute all documents necessary to effectuate the purchases. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelly seconded the motion. The motion passed unanimously. 8. Public Hearing 404 City Commission Meeting Boynton Beach, FL January 16, 2024 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Mayor Penserga said regarding Items 8A -C that he has had any ex -parte communication with Aimee Carlson, Andrew Maxey and Matthew Barnes with the Pulte Group has received written communication from Andrew Maxey, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8A -C that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8A -C that he has had any ex -parte communication with Aimee Carlson, Andrew Maxy, and Matthew Barnes from the Pulte Group has received written communication via email, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8A -C that he has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said regarding Items 8A -C that she has not had any ex -parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Deputy City Clerk Stanzione swore in those intending to speak. A. Proposed Ordinance No. 24-001- First Reading and public hearing- An ordinance of the City of Boynton family residential (r-2) to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. Deputy City Clerk Stanzione read the item into the record. 10 405 City Commission Meeting Boynton Beach, FL January 16, 2024 Matthew Barnes, Senior Project Manager with WGI, stated that he is here on behalf of the applicant Pulte homes. He introduced his team that was with him and gave a presentation on the project. Andrew Meyer, Sr. Planner, presented the Cottage District requests. Mayor Penserga opened public comment, and no one came forth. He closed public comment. Commissioner Kelley inquired if the homes come equipped with Electric Vehicle (EV) charging stations. Mr. Barnes replied that the garages will be equipped like any normal garage with a standard 120 volt, not a level 2 charger. Commissioner Hay inquired about the recommendation to eliminate the ev charging stations. Mr. Meyer said that it is a requirement of this type of project. He mentioned that another goal of the City is to provide diverse choice of housing. He stated that within the City Code in workforce housing portion, there is provision that states if a requirement would preclude the construction of any affordable housing, that a waiver could be sought for the project. He said that the City does not have a waiver process which is why they brought this to the Commission as a variance. Amanda Radigan, Director of Planning & Zoning, said that the important distinguishing factor is that this is a combination multi -family and single-family. She stated that if you were building any other single-family development, it would not be required to install EV charging stations. She mentioned that each owner would have the ability to put in their own EV charging station. Commission Hay inquired if an EV charging station could be put in at a later date. Ms. Radigan said that it becomes complicated when there is a Home Owners Association involved. She stated that each one of the home owners would opt to use their own if they had one, and that one public EV charging station would cause issues amongst the home owners. Commissioner Cruz said that she has seen people fighting each other for EV charging stations, it is a legitimate concern. She inquired about how many properties will not have a garage. Mr. Meyer replied that every unit will have a garage. 406 City Commission Meeting Boynton Beach, FL January 16, 2024 Commissioner Cruz stated that she is comfortable with the variance knowing that all units will have a garage. She said that any development that does not have garages she would not be in favor of. Ms. Radigan stated that one of the conditions of approval we have in place is that garages can not be used for storage. Vice Mayor Turkin said that he approves the variance. He noted that the code we have that allows the flexibility of variance for workforce housing options, seems to be pretty broad. He stated that is something we as a Commission need to embody and find out what those variances are going to look like, and identify what the crucial and severe needs of the community are right now. He said that with the rapid migration to south Florida, he thinks it is important to have that focus to be business friendly and make sure that we are partnering with the private sector, to make sure we can provide workforce housing for everybody. He asked if there is a way for the homeowners or the future homeowners, to tailor some of the color schemes. He said that they previously discussed more of a coastal theme, and that gray is not a coastal color. Aimee Carlson, Pulte Homes, said that there are actually 6 different color schemes, and that she does not anticipate that the buyers would be selecting the colors. She stated that because this is a workforce housing project, and through negotiations with the CRA a process was laid out. She mentioned that in the future after the project is complete, the HOA will be regulating the color schemes. Motion: Vice Mayor Turkin moved to approve Ordinance No. 24-001. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2-1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Deputy City Clerk Stanzione read the item into the record. Motion: Commissioner Cruz moved to table Item 8B to the next City Commission Meeting. Vice Mayor Turkin seconded the motion. Motion passed unanimously C. Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 12 407 City Commission Meeting Boynton Beach, FL January 16, 2024 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Deputy City Clerk Stanzione read the item into the record. P� Pitlila Commissioner Cruz moved to table Item 8C to the next City Commission Meeting. Commissioner Kelley seconded the motion. Motion passed unanimously 9. City Manager's Report A. Presentation by the Planning, Zoning and Economic Development Department. A presentation on the Department and current projects was given by the Planning, Zoning and Economic Development staff. Commissioner Cruz inquired if the one stop shop is still being worked on. John Durgan, Economic Development Manager, replied that they are in the process of identifying the best physical location. He said that they are putting together a resource guide that people can take with them. Commissioner Cruz inquired if the resource guide is ready. Mr. Durgan replied that they are working on the final draft. Ms. Radigan said that they are hoping to have it ready by the end of the week or the beginning of next week. Vice Mayor Turkin said that he is excited about the resource guide. He stated that it is important to have the one stop shop. Commissioner Kelley thanked the staff and the City Manager for taking advantage of this section of the agenda to highlight the City Departments. She said that it is important for the residents to hear what is going and how things work in the City. She stated that she is happy that something is going to be done with vacant store fronts. She commented that she noticed that the store fronts where the new businesses are going in, they have advertising coverage on the windows and it really catches your eye as opposed to you just looking into vacant space. Mayor Penserga commended the Department for the great job they are doing and to keep up the good work. 13 408 City Commission Meeting Boynton Beach, FL 10. Unfinished Business 11. New Business January 16, 2024 A. Presentation by staff and discussion regarding annexation options and procedures. Ms. Radigan gave a presentation on annexation options and procedures. Commissioner Kelley inquired if there were any commercial properties that would be annexed. She said that commercial property would benefit the City on the tax side, but would not impact the City as much on City services, unlike residential property. Ms. Radigan said that would have to do a zoning and land use amendments concurrent with that annexation. She said that the County and the State do not look highly on cherry picking they do not want to lose the tax base and have the cost of the residential areas. She said that it tends to cause some complications during the process it is usually a balance of both. She said that if we take commercial property we have to take the adjoining residential property. Commissioner Kelley asked what would be the con to not evaluate the feasibility of zone X. Ms. Radigan replied that a lot of this will be a strategy for the City. She said that if we move forward with the annexation of the "a" areas only, it does reduce our ability to annex some of the other areas. She stated that the City could coordinate with the County and enter into an Interlocal Service Area Boundary (ISBA) and that since the City is already providing utilities, it is essentially an annexation plan. She stated that the City currently has a certain percentage under voluntary, and that if the City annexed them before we do an ISBA we lose the opportunity to annex the "x" areas. She commented that through the feasibility analysis we will be reviewing some of those strategies and ways to move forward which may be most advantageous. Commissioner Kelley clarified that Staff recommends to do a feasibility on both zones, so that we can look at the big picture. Ms. Radigan said that each subarea will be their own mini analysis, and it will enable Staff to piecemeal in different configurations. She noted that this analysis requires time from staff. Commissioner Kelley asked what is the time frame. Ms. Radigan replied a minimum of four months, comfortably five to six months. 14 409 City Commission Meeting Boynton Beach, FL January 16, 2024 Commissioner Hay stated that he has been speaking about annexation for quite some time. He said that the City of Boynton Beach has financial and space constraints and that one of the ways to come out from under all the constraints, would be to annex properties around us. He mentioned that you presented us with four different annexation methods, we need to look at all of them so, we can make the best intelligent decision based on the information presented by your group. Vice Mayor Turkin said that this a great idea. He stated that they always talk about project they want to do and there is a budget shortfall every time. He mentioned that a lot of funds the City receive recently are injections, they are not sustainable revenue. He commented that he is the biggest cheerleader to move forward and look at this cost benefit analysis. He said that we can annex these great properties but if the service cost is more, then we are shooting ourselves in the foot. He state that he needs to see what is the profitability in doing this. Commissioner Cruz stated that she is in favor of doing the research on both and doing the cost benefit analyst. Mayor Penserga suggested that staff look at other cities who have gone through this process, were there any hidden expenditures that may not be captured in a typical cost benefit analysis. Commissioner Cruz recommended that Staff take time doing this and not rush. She said that this could be a great opportunity to have more revenue for the City. B. Discussion on Commission attending Congressional League of Cities Conference in March 11 to 13 in Washington DC. Vice Mayor Turkin said that the event is two months out and if anyone wants to go it is not a last-minute decision. He stated that he highly recommends attending and that he plans on going. Commissioner Cruz stated that she will not be attending the Conference. Commissioner Hay stated that he will be attending the Conference. Commissioner Kelley said that she has to look at her home calendar, but that it is something she wants to do. Mayor Penserga stated that hopefully he will be able to attend this year. 15 410 City Commission Meeting Boynton Beach, FL January 16, 2024 12. Legal A. Proposed Ordinance No. 24-002- First Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. Motion: Commissioner Cruz moved to table Item 12A Proposed Ordinance No. 24-002- First Reading. Commissioner Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Discussion regarding regulations to support local businesses. - January 16, 2024 B. Presentation by staff and discussion regarding annexation options and procedures. - January 16, 2024 C. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - February 6, 2023 D. Provide update on grant funded projects in the Capital Improvement Plan - February 6, 2024 E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 F. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD G. Discussion regarding combining City properties together to create senior affordable housing. — TBD 0 411 City Commission Meeting Boynton Beach, FL 14. Adjournment Motion: January 16, 2024 Commissioner Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:54 P.M. CITY OF BOYNTON BEACH ATTEST: Tammy L Stanzione, CMC Deputy City Clerk 17 412 Consent Bids and Purchases over $100,000 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-027- Approve the piggyback utilizing the Martin County Contract No. RFB2023-3527 and a Purchase Order for Sodium Hydroxide (Caustic) for Chemicals for Water & Wastewater Treatment at the Water Treatment Plant. Requested Action: Approve Proposed Resolution No. R24-027. Explanation of Request: Contract Period: Agreement effective September 12, 2023 - September 11, 2026, with an option of (2) one-year renewals. The Utility utilizes sodium hydroxide at the West Water Treatment Plant to adjust the pH of drinking water in accordance with the Safe Drinking Water Act. The Utilities Department would like to piggyback the Martin County contract number RFB2023-3527 to obtain sodium hydroxide for the water treatment process. The Martin County contract meets the City of Boynton Beach procurement requirements. How will this affect city programs or services? This product is necessary for water treatment. Fiscal Impact: $378,000 is budgeted for FY23-24 in Process Chemicals in the Water Quality and Treatment budget. Attachments: R24-027 Piggy -back _-_ Martin _County_Sodium_Hydroxide_-_Reso.docx Martin Co BOCC FL - Multichem Bid Tab 2023 (3) Martin County RFB2023-3527_Fully Executed (1).pdf Boynton Beach 12-28-2023 (Martin Co, Sod Hydroxide).pdf Martin Co BOCC FL - Multichem Bid 2023 submitted (3).pdf 413 1 RESOLUTION NO. R24-027 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE PIGGYBACK UTILIZING THE MARTIN COUNTY 6 CONTRACT NO. RFB2023- 3527 AND A PURCHASE ORDER FOR SODIUM 7 HYDROXIDE (CAUSTIC) FOR CHEMICALS FOR WATER & WASTEWATER 8 TREATMENT AT THE WATER TREATMENT PLANT; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the Utility Department utilizes sodium hydroxide at the West Water 13 Treatment Plant to adjust the pH of drinking water in accordance with the Safe Drinking Water 14 Act; and 15 WHEREAS, the Department would like to piggyback the Martin County contract number 16 RFB2023-3527, which meets the City of Boynton Beach procurement requirements, to obtain 17 sodium hydroxide for the water treatment process; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 19 the best interests of the citizens and residents of the City of Boynton to approve the piggyback 20 utilizing the Martin County Contract No. RFB2023- 3527 and a Purchase Order for Sodium 21 Hydroxide (Caustic) for Chemicals for Water & Wastewater Treatment at the Water Treatment 22 Plant. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves the piggyback utilizing the Martin 30 County Contract No. RFB2023- 3527 and a Purchase Order for Sodium Hydroxide (Caustic) for 31 Chemicals for Water & Wastewater Treatment at the Water Treatment Plant. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 C:AUsers\EASYPD---1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\CuBCL@F40A5BE0\@BCL0aF40A5BEO.Docx 414 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 PASSED AND ADOPTED this 6th day of February 2024. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor /_1»:Zi1T/ao7_V,2ri1to] :1LTA I Shawna G. Lamb City Attorney C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\CBCL cr F40A5BE0\@BCLCF40A5BEO.Docx 415 O N o � M N N L � U O N c O C @ @ @ O U N E o m E @ e» Q co o < 0 0 0 Lo N o 00 O v � LMn C Q � O O W Ln N Q 0 J J J J J J ZQQQQQQ corn � C7 C7 C7 C7 C) C7 J J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO O r 0 0 0 0 0 0 N Lr r 0 0 0 0 0 0 r N co r O Lo O N 0 N fn L N o vs L @ U N o T o 0 0 c p 0S EoLn o m N N J O m o Q -mo -mo a S_ <n LL -2N 0 W. o @ t as Tin in �aHU JJQUU(nQSS V Ln co O O R p � U Ull cc cc cc cc W 7 N O > N C V3 A y O O N M N N FC O U C O a O ti cq L 6 e» _na 3 U @ O cnQ�U 0 U LO0 > N V N L L U U O O > U O O O Lo N <D N > a ca VT O C O O O N fn O @ C O L @ '. Lo 2 H 64 O O O n O C@J O O V O N N EA A N 63 L N @s S U 0 m _U o Lo 6 Ec14O_ Lvj O L d El) 0 0 0 0 0 0 0 0 0 0 a N EF3 N EA H3 V N EA EH CO � @ 0 J J J J J J ZQQQQQQ corn � C7 C7 C7 C7 C) C7 J J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO O r 0 0 0 0 0 0 N Lr r 0 0 0 0 0 0 r N co r O Lo O N 0 N fn L N o vs L @ U N o T o 0 0 c p 0S EoLn o m N N J O m o Q -mo -mo a S_ <n LL -2N 0 W. o @ t as Tin in �aHU JJQUU(nQSS V Ln co O O R p � U Ull This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this 12th day of September in the year, 2023, between: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter COUNTY), located at 2401 S.E. Monterey Road, Stuart, FL 34996 AND the CONTRACTOR: Brenntag Mid -South, Inc. (hereinafter CONTRACTOR) 250 Central Florida Parkway Orlando, FL 32824-7601 Contract Name: Chemicals for Water & Wastewater Treatment Contract Number: RFB2023-3527 Contract Term: Three (3) years plus two (2) 1 -year renewal options (Not to exceed 5 years) Not to Exceed Amount: $14,000,000.00 (to all vendors combined) Page 1 of 13 RFB2023-3527 417 Chemicals for Water & Wastewater Treatment WHEREAS, COUNTY has previously determined that it has a need for goods and/or services more specifically outlined in the Request for Bids (RFB) and the Scope of Services; and WHEREAS, COUNTY solicited competitive bids for such services pursuant to the Martin County bid number referenced on Page 1 of this Agreement; and WHEREAS, COUNTY awarded the Bid to CONTRACTOR; and WHEREAS, CONTRACTOR has represented that it is able to satisfactorily provide the services and or materials according to the terms and conditions of the RFB, which is incorporated herein by reference, and the terms and conditions contained herein; and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The CONTRACTOR hereby agrees to provide the COUNTY with goods and services, as requested and more specifically outlined in the Scope of Services attached hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement, including any additional contract terms contained herein. 2. Time of Service. Services shall be performed in a timely manner, as specified in the Request for Bid or as set forth herein. 3. Term of Agreement/Option of Renewal. This Agreement shall be in effect from the date of execution and for the term and agreed upon renewal options indicated on Page 1 of this Agreement. This Agreement may be extended subject to execution of a written agreement between the COUNTY and CONTRACTOR for up to 90 additional days beyond the term and agreed upon renewal options. This option shall be exercised only if all prices, terms and conditions remain the same, or decrease. 4. Amendment of the Agreement. This Agreement may be amended only by mutual written agreement signed by the parties. No statement, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or is binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 5. Assignment/Subcontracting. The CONTRACTOR shall perform all services and provide all goods and equipment required by this Agreement. No assignment or subcontracting shall be allowed without the prior written consent of the COUNTY. In the event of a corporate acquisition and/or merger, the CONTRACTOR shall provide written notice to the COUNTY within thirty (30) business days of CONTRACTOR'S notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this Agreement, which shall not be unreasonably exercised by the COUNTY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state or federal laws. Action by the COUNTY awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFB, without exception shall constitute approval for purpose of this Agreement. Page 2 of 13 RFB2023-3527 418 Chemicals for Water & Wastewater Treatment 6. Termination. 6.1 COUNTY shall notify CONTRACTOR of any failure to comply with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such failure/default. CONTRACTOR shall correct such failure/default within five (5) working days. COUNTY shall have the right to terminate this Agreement if such correction is not made within the time specified above. 6.2 Failure of the CONTRACTOR to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the Agreement at the sole discretion of the COUNTY. 6.3 COUNTY reserves the right to cancel this Agreement, without cause, by giving thirty (30) days prior written notice to the CONTRACTOR of the intention to terminate. 7. Compensation. COUNTY shall pay CONTRACTOR upon CONTRACTOR's completion of, and COUNTY's acceptance of, the services required herein, in the amounts specified in the Price Schedule attached hereto and made a part hereof as Exhibit B. Price escalations will be considered at the end of each year and must be documented with written verifications of industry price increases. 7.1 The County may in its sole discretion make an equitable adjustment in the pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace that is by circumstances that satisfy all of the following: a. The volatility is due to causes wholly beyond the successful bidder's control. b. The volatility affects the marketplace or industry, not just the particular successful bidder source of supply. c. The effect on pricing or availability of supply is substantial. d. The volatility so affects the successful bidder that continued performance of the contract would result in a substantial loss. 7.2 Any adjustment would require irrefutable evidence and written approval by the Purchasing Manager. 7.3 If an adjustment to pricing is granted, beginning quarterly on dates agreed to between the County and the awardee, the awardee shall provide the Purchasing Manager with written justification to continue the pricing adjustment. If awardee does not provide the quarterly update, pricing shall revert back to the original pricing submitted by the awardee. 7.4 COUNTY shall pay invoices in accordance with the Local Government Prompt Payment Act. 8. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and licenses required to complete this Agreement. 9. Public Records. Page 3 of 13 RFB2023-3527 419 Chemicals for Water & Wastewater Treatment 9.1 CONTRACTOR shall comply with the provisions of Chapter 119, Fla. Stat. (Public Records Law), in connection with this Agreement and shall provide access to public records in accordance with §119.0701, Fla. Stat. and more specifically Contractor shall: 9.1.1 Keep and maintain public records required by the County to perform the Agreement. 9.1.2 Upon request from the County's custodian of public records, provide the County 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, Fla. Stat. or as otherwise provided by law. 9.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the County. 9.1.4 Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the Agreement. If the CONTRACTOR transfers all public records to the County upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. 9.1.5 All blueprints, schematics and design drawings received by the CONTRACTOR from the COUNTY shall not be re -copied or forwarded to another party unless documented permission has been received by COUNTY. Documents shall be documented as retained, returned, or destroyed by CONTRACTOR accepting said documents. In accordance with the Florida Public Records Act, these documents are exempt from Public Disclosure as described in 119.071, Fla. Stat., general exemptions from inspection or copying of public records. 9.2 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 AT (772) 419-6959, public record s(a_martin.fl.us, 2401 SE MONTEREY ROAD, STUART, FL 34996. 9.3 Failure to comply with the requirements of this Article shall be deemed a default as defined under the terms of this Agreement and constitute grounds for termination. Page 4 of 13 RFB2023-3527 420 Chemicals for Water & Wastewater Treatment 10. Minimum Insurance Requirement. The CONTRACTOR must maintain insurance in at least the amounts required throughout the term of this Agreement or any renewals or extensions. The CONTRACTOR must provide a Certificate of Insurance in accordance with the Insurance Requirements and as set forth herein naming the COUNTY as an additional named insured evidencing such coverage prior to issuance of a purchase order or commencement of any work under this Agreement. a. Loss Deductible Clause: The COUNTY shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. b. Worker's Compensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the COUNTY for the protection of its employees not otherwise protected. Coverage to include Employers Liability $100,000 each accident, $100,000 each Disease/Employee and $500,000 each Disease/Maximum. Commercial Automobile Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Comprehensive Automobile Liability Insurance for "Any Auto" (owned, hired and non -owned) for a minimum of $1,000,000 Combined Single Limit. d. Commercial General Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Commercial General Liability Insurance including coverage for bodily injury, property damage, personal/advertising injury and products/completed operations for negligent acts which may arise from operations under this Agreement whether such operations are alone or by anyone directly or indirectly employed by it. The policy should include Contractual Liability to cover the hold harmless and indemnity provision as set forth in this agreement. A per project limit of liability is required. The amounts of such insurance shall be the minimum limit as follows: Each Occurrence - $1,000,000 Personal/Advertising Injury- $1,000,000 Products/Completed Operations Aggregate - $2,000,000 General Aggregate - $2,000,000 Fire Damage - $100,000 and 1 fire Medical Expense - $10,000 any 1 person e. Commercial Automobile and General Liability Insurance: The Contractor shall require each of its subcontractors to procure and maintain during the life of this Page 5 of 13 RFB2023-3527 421 Chemicals for Water & Wastewater Treatment subcontract, insurance of the type specified above or insure the activities of his subcontractors in its policy, as specified above. f. Waiver of Subrogation. The CONTRACTOR hereby waives any and all rights of Subrogation against the COUNTY, 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 a pre -loss agreement to waive subrogation without an endorsement, then the 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. 11. Indemnification. CONTRACTOR shall indemnify and hold harmless the COUNTY and Federal government from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, person or property by or from the said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or on account of any act or omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. The first ten dollars ($10.00) of compensation received by the CONTRACTOR represents specific consideration for this indemnification obligation. 12. Governing Law. The laws of the State of Florida shall govern this Agreement. 13. Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither agent, employee, partner nor joint venture of COUNTY. CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Agreement, at the discretion of COUNTY. 14. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement to be impossible or performance. 15. Conflict of Interest. CONTRACTOR represents that it has no interest and shall acquire no interest(s), which conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, of the Florida Statutes, CONTRACTOR further represents that no person having any interest shall be employed for said performance. CONTRACTOR shall notify COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request an opinion from COUNTY, the prospective business association, interest or circumstance would not Page 6 of 13 RFB2023-3527 422 Chemicals for Water & Wastewater Treatment constitute a conflict of interest by CONTRACTOR, COUNTY shall so state in the notification and CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict with respect to services provided to COUNTY by CONTRACTOR under the terms of this Agreement. 16. Documents Comprising Agreement. The Agreement documents shall include this Agreement as well as the following documents, which are incorporated herein by reference. e. Martin County's Request for Bid and all of its addenda and attachments which are part of the RFB set forth above. f. Contractor's Certificate of Insurance required in the Request for Bid; g. Contractor's response to the RFB or soliciting document. 17. Dispute Resolution. 17.1 As a condition precedent to the filing of any legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the COUNTY shall select the mediator, who, if selected solely by the COUNTY, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediator. 17.2 Attorney's Fees. The parties expressly agree that each party will bear its own attorney's fees incurred in connection with this Agreement. 17.3 Venue. This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Martin County, Florida. 17.4 Non -fury trial. The parties expressly and specifically hereby waive the right to a jury trial as to any issue in any way connected with this Agreement. 17.5 The parties expressly and specifically hereby waive all tort claims and limit their remedies to breach of contract as to any issue in any way connected with this Agreement. 18. Confidential Information. 18.1 Any information such as specifications, drawings, sketches, business information, forecasts, models, samples, data, computer programs and other software, and documentation of one Party (a "Disclosing Party") that is furnished or made available or otherwise disclosed to the other Party or to such other Party's employees, contractors, or agents (a "Receiving Party") pursuant to this Agreement ("Proprietary Information") shall be deemed the property of the Disclosing Party. Proprietary Information, if written, shall be clearly and conspicuously marked "Proprietary". Such information may be disclosed to those persons who have a need for it in connection with the provision of services required to fulfill this Agreement and shall be used by those persons only for such purposes; and may be used for other purposes only upon such terms and conditions as may be mutually agreed to in advance of such use in writing by the Parties. Notwithstanding the foregoing sentence, COUNTY shall be entitled to Page 7 of 13 RFB2023-3527 423 Chemicals for Water & Wastewater Treatment disclose or provide Proprietary Information as required by any governmental authority or applicable law, including but not limited to Section 119, Fla. Stat. Existence and terms of this Agreement shall constitute a public record and shall be subject to Section 119, Fla. Stat. CONTRACTOR agrees to comply with the requirements of Sec. 119.0701, Fla. Stat. 18.2 If COUNTY receives a public records request for public records received from CONTRACTOR, including any public records request for Proprietary Information or for records that may be or may contain Proprietary Information, COUNTY shall promptly notify CONTRACTOR. The notice shall inform CONTRACTOR that it must promptly inform COUNTY, in writing, whether or not CONTRACTOR claims an exemption to the release of part or all of the requested public record. If CONTRACTOR claims that part or all of a public record is exempt from inspection and copying, that writing shall state the basis of the exemption that it contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. If CONTRACTOR claims that an exemption applies to part of a requested public record, CONTRACTOR shall, in that writing, identify for redaction the part of that public record to which the exemption is asserted and validly applies, and the remainder of that public record shall be produced for inspection and copying. If CONTRACTOR promptly notifies COUNTY of a claim of exemption, COUNTY shall review the exemption claimed and decide whether to release the public records. If CONTRACTOR fails to promptly notify COUNTY that it claims an exemption to the release of the requested public record, that failure constitutes a waiver of any claim of trade secret or confidentiality, and COUNTY shall release the record as requested. 18.3 CONTRACTOR will indemnify, defend, and hold COUNTY, COUNTY's elected officials, employees, agents, and attorneys and their successors (each an "Indemnitee") harmless of and from any claim brought or threatened against any Indemnitee by any person or entity on account of or related to any public records request for public records, as that term is defined in Section 119.011, Fla. Stat., that are or may be or may contain Proprietary Information, each of which may be defended, settled or pursued by COUNTY with counsel of COUNTY's choice but at the expense of CONTRACTOR, including reasonable attorneys' fees and costs, including attorneys' fees and costs in litigation and on appeal incurred by or awarded against any Indemnitee or agreed upon by any Indemnitee as part of any settlement of any claim for attorney's fees and costs for failure to produce requested public records disclosed to an Indemnitee by CONTRACTOR. 18.4 In the event of the expiration or termination of this Agreement for any reason whatsoever, each Party shall return to the other Party Proprietary Information and other documents, work papers and other material (including all copies thereof) obtained from the other Party in connection with this Agreement, subject to Chapter 119 and other public records retention requirements set forth in Florida law. 19. Requirement to E -Verify. As a condition precedent to entering into this AGREEMENT, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. A. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this AGREEMENT. Page 8 of 13 RFB2023-3527 424 Chemicals for Water & Wastewater Treatment B. The COUNTY, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat., or the provisions of this section shall terminate the contract with the person or entity. C. The COUNTY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. D. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this AGREEMENT by the COUNTY for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the COUNTY as a result of termination of any contract for a violation of this section. E. Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section, including this subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. If there is a conflict between the terms of this Agreement and the above referenced documents, then the conflict shall resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the date first above written. REVIEWED BY mtLrson, P.E.Za uel T. A Utilities & Solid Waste Director BRENNTAG MID -SOUTH, INC. BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Matthew Graham Assistant County Administrator APPROVED AS TO FORM & LEGAL SUFFICIENCY Ray bbitt Sarah W. Woods tt Director Mini Bulk/ Municipal Bids County Attorney Page 9 of 13 RFB2023-3527 Chemicals for Water & Wastewater Treatment 425 EXHIBIT A SCOPE OF SERVICES Includes, but is not limited to all labor, materials, and services necessary to deliver specified water and wastewater treatment chemicals for the Martin County Utilities & Solid Waste Department on an as -needed basis. The quantities listed below and on the bid form are approximate annual usage. Upon request, the Contractor shall provide safety training on chemical products annually at Martin County sites. Locations shall be provided at the time of the request. Contractors must comply with NSF/ANSI 60 Standards. Liquid carbon dioxide shall conform to the standards prescribed by the standard ANSI/AWWA B510-00. Contractors shall provide an affidavit of compliance with the requirements of ANSI/AWWA B510-00 standard, product specification or certificate of analysis, and a Material Safety Data Sheet (MSDS). NSF/ANSI 60 If you manufacture, sell, or distribute water treatment chemicals in North America, your products must comply with NSF/ANSI 60: Drinking Water Treatment Chemicals — Health Effects, by most governmental agencies that regulate drinking water supplies. Developed by a team of scientists, industry experts, and key industry stakeholders, NSF/ANSI 60 sets health effects criteria for many water treatment chemicals including: • Corrosion and scale inhibitors • Disinfection and oxidation chemicals • pH adjustment chemicals • All other specialty chemicals used in water treatment ANSI/AWWA B510-00 This standard covers carbon dioxide (CO2) for use in recarbonation and pH adjustment in water supply service. The main purpose of this standard is to provide purchasers, manufacturers, and suppliers with the minimum requirements for carbon dioxide, including physical, chemical, packaging, shipping, and testing requirements. DELIVERY AND INVOICING Bid prices shall be delivered Free on Board (FOB) destination to the following locations: North Jensen Water & Wastewater Plant 3100 NW Hillman Drive Jensen Beach, FL 34957 Tropical Farms Water & Wastewater Plant 8595 SW Kansas Avenue Stuart, FL 34997 Page 10 of 13 RFB2023-3527 426 Chemicals for Water & Wastewater Treatment • Extra fees for delivery shall not be charged. • Safety data sheets (SDS) shall be required to be submitted for all chemicals prior to delivery. • All liquid chemical invoicing paperwork shall be billed in units of price per gallon and price perpound. • All liquid chemical manifest paperwork must state the amount of liquid in gallons and pounds being delivered to the treatment plants. (continued on next page) Page 11 of 13 RFB2023-3527 427 Chemicals for Water & Wastewater Treatment The following is a listing of the chemicals requested, physical data, annual use projection, and individual shipment quantities. Alternatives to the products listed below shall not be accepted. Commodity Physical Estimated Individual Description Data Annual Shipment Use Quantities SpG: 1.101 at -37 C Liquid Carbon Boiling Point -78.5 - -61.7 C (-109 — 79 F) Tank truck Dioxide A colorless gas, odorless, water-soluble 1,100 tons 25-ton/delivery (Compressed, liquefied gas) Vapor density: 1.5 Liquid Sodium Density 1.10-1.30 800,000 Tank truck Hypochlorite SpG (10%) 1.163 (12%) 1.202 gallons 5,000 (12%) color (green -yellow liquid) gal/delivery SpG 0.62 @ 60 F Anhydrous po + 11.6 (1 N sol. In water) 10,000 Tank truck Ammonia /o volatile by volume: 100 gallons 1,000 solubility in water: 33% @ 68 F gal/delivery vapor density: 0.6 @ 32 F LIQUID REACTIVE HAZARD Caustic Soda boiling point: 144 C @ 760mm Hg freezing Tank truck (Sodium point: 12 C @ 760mm Hg SpG: (15.6 C) 200,000 5,000 Hydroxide) 1.53 gallons gal/delivery 50% completely soluble in water odorless LIQUID REACTIVE HAZARD Caustic Soda boiling point: 116 C @ 760mm Hg Tank truck (Sodium freezing point: -16 C @ 760mm Hg 50,000 5,000 Hydroxide) SpG: (15.6 C): 1.275 gallons gal/delivery 25% completely soluble in water odorless SpG: 1.84 Sulfuric Acid boiling point: 535-586 F 300,000 Tank truck (concentrated) % volatile: 0 @ 77 F gallons 3,000 93-98% pH (1% solution): + 1.0 gal/delivery colorless, odorless AWC A-111 SpG:(@25°) 1.1-1.2, pH(Undiluted), Boiling 2,000 Truck UL point >212°F, Appearance and Odor: Light g allons 55 gallons Yellow Liquid with faint odor drums HTH chlorine 3" tablets 25 drums 50 lbs.) HTH chlorine granular 25 drums 100 1 bs. Page 12 of 13 RFB2023-3527 428 Chemicals for Water & Wastewater Treatment SECURITY MEASURES The following security measures shall be used by Martin County: 1. Contractor shall supply Martin County with current identification of the driver(s) making deliveries, which must contain a photo and name. 2. Martin County shall be notified of the name of the driver(s) before the truck leaves the Contractors' terminal for delivery. This will allow County staff to match the driver(s) photo and name with the I.D. provided when he/she arrives on-site. 3. Driver(s) shall carry identification with them at all times during any chemical delivery. 4. The manifest shall contain detailed information on the product being delivered. 5. Chemical deliveries shall be coordinated prior to any deliveries. County staff prefers Monday through Friday deliveries between the hours of 6:00 a.m. and 6:00 p.m. unless otherwise agreed to at the time the order is placed. Deliveries shall only be accepted with prior proper notification. 6. Drivers may not be admitted if they do not call ahead to coordinate the date and time of arrival of any chemical delivery. Page 13 of 13 RFB2023-3527 429 Chemicals for Water & Wastewater Treatment l BRENNTAG 1 Bryan Heller, MPA Division Director, Water Quality & Treatment City of Boynton Beach 124 E Woodbright Rd. Boynton Beach, FL 33435 12/28/2023 Mr. Heller, The City of Boynton Beach has our permission to Piggyback contract RFB2023- 3527 - Chemicals, Sodium Hydroxide 50% - at $2.37 gal for the term of the contract - Started Oct. 1, 2023, 3 years with option to renew 2,1 -year terms (not to exceed 5 years). Product- Sodium Hydroxide 50%- $2.37 Gallon Regards, Sara Terry Municipal Contract Specialist 430 ADDENDUM #1 REQUEST FOR BID (RFB) 2023-3527 CHEMICALS FOR WATER AND WASTEWATER TREATMENT BID DUE DATE: AUGUST 9, 2023 @ 2:30 PM The following information shall become part of this bid and shall be binding as if originally contained therein. QUESTIONS 1. Per the instructions to Bid (RFB) 2023-3527, Item #3 Preparation of Bid please advise if "Bidders must quote on all items listed and failure to do so will disqualify the bid". Can this request be Voided or removed as we are planning on bidding on 3 out of the 9 products listed on the bid? RESPONSE: Please state "no bid" on products not handled. RECEIPT OF ADDENDUM #1 IS HEREBY ACKNOWLEDGED Brenntag Mid -South, Inc. Firm Name Signature Page 1 of 1 7/13/2023 RFB2023-3527 —Addendum #1 Chemicals for Water and Wastewater Treatment 431 ADDENDUM #2 REQUEST FOR BID (RFB) 2023-3527 CHEMICALS FOR WATER AND WASTEWATER TREATMENT BID DUE DATE: AUGUST 9, 2023 @ 2:30 PM The following information shall become part of this bid and shall be binding as if originally contained therein. QUESTIONS 1. What is your current price for sulfuric acid? RESPONSE: Our current contracted rate is $2.51/gal. RECEIPT OF ADDENDUM #2 IS HEREBY ACKNOWLEDGED Brenntag Mid -South, Inc. Firm Name Signature Page 1 of 1 7/19/2023 RFB2023-3527 — Addendum #2 Chemicals for Water and Wastewater Treatment 432 ADDENDUM #3 REQUEST FOR BID (RFB) 2023-3527 CHEMICALS FOR WATER AND WASTEWATER TREATMENT BID DUE DATE: AUGUST 9, 2023 @ 2:30 PM The following information shall become part of this bid and shall be binding as if originally contained therein. QUESTIONS 1. What are the sizes of tanks for Carbon Dioxide located at the two FOB plants? North Jensen Water & Wastewater Plant 3100 NW Hillman Drive Jensen Beach, FL 34957 Tropical Farms Water & Wastewater Plant 8595 SW Kansas Avenue Stuart, FL 34997 RESPONSE: Tropical Farms Water & Wastewater Plant is the only site that has a Carbon Dioxide system. Size of the tank is 30 tons. 2. Who is the current supplier for Carbon Dioxide and what is the current price per pound or ton? RESPONSE: There is no current supplier for the Carbon Dioxide. The system is currently being constructed with expected completion before the end of 2023. 3. Would you please provide the current price for all chemicals on the bid? RESPONSE: o Liquid sodium Hypochlorite (12%): o Anhydrous Ammonia: o Caustic Soda (Sodium Hydroxide 50%) o AWCA - 111 UL: o Sulfuric Acid: o HTH tablets: o HTH Chlorine granular: $1.049/gal $1.520/lb or $7.9040/gal $3.55/gal $8.12/gal $2.51 /gal $2.65/1 b $2.32/1 b Page 1 of 2 RFB2023-3527 — Addendum #3 7/25/2023 Chemicals for Water and Wastewater Treatment 433 RECEIPT OF ADDENDUM #3 IS HEREBY ACKNOWLEDGED Brenntag Mid -South, Inc. Firm Name Signature Page 2 of 2 7/25/2023 RFB2023-3527 — Addendum #3 Chemicals for Water and Wastewater Treatment 434 REQUEST FOR BID (RFB) 2023-3527 Martin County Board of County Commissioners Attn: Purchasing Division 2401 S.E. Monterey Road Stuart, Florida 34996 pur—div@martin.fl.us www.martin.fl.us The Board of County Commissioners, Martin County, Florida, will receive sealed bids for: CHEMICALS FOR WATER & WASTEWATER TREATMENT Martin County is seeking bids from qualified vendors to provide all labor, materials, and services necessary to deliver specified water and wastewater treatment chemicals for the Martin County Utilities & Solid Waste Department on an as -needed basis. Sealed bids will be received by the Information Desk on the 1St Floor at the address above or via DemandStar until 2:30 PM local time, on Wednesday, August 9, 2023. Bids received after the designated time and date will not be considered. The complete bid document may be downloaded from www.demandstar.com (online bidding site). Martin County is an equal opportunity/affirmative action employer. By order of the Board of County Commissioners of Martin County, Florida. Publish: The Stuart News July 10, 2023 DemandStar July 10, 2023 This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback Page 1 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 435 Ig139101;90Z0P►10:1zI K Bidders must register with the online bidding site, DemandStar (www.demandstar.com) in order to receive all required documents and notification of addenda. This document includes: 1. Scope of Work 2. Instructions to Bidders 3. Sample Agreement Between County and Contractor The following documents can be downloaded separately. 1. Bid Form 2. Bid Submittal Checklist 3. Bidder's Qualification Statement 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 5. Conflict Affidavit 6. Drug Free Workplace Certification 7. Equal Opportunity Statement 8. Local Vendor Preference Certification 9. Non -Collusion Certification 10. Public Entity Crimes Statement 11. Vendor Certification Regarding Discriminatory Vendor List Ct°IIIIIIVf tIIII''.IIIIIIIIIIIICIIIIIIIIIIIIi IIIIIIIIIIIICIIII'.il One original of the following documents must be returned with bid. Do not return any other pages or documents unless specifically requested in the RFB. If e -bidding, upload documents as one complete (.pdf) document rather than separately (no paper copy necessary). IMPORTANT: FAILURE TO PROVIDE THE FORMS / DOCUMENTATION LISTED BELOW MAY DEEM A BID "NON-RESPONSIVE" AND BE INELIGIBLE FOR CONTRACT AWARD. • Bid Submittal Checklist • Bid Form • Affidavit of compliance with the requirements of ANSI/AWWA B510-00 standard • Bidder's Qualification Statement • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion • Conflict Affidavit • Drug Free Workplace Certification • Equal Opportunity Statement • Local Vendor Preference Certification (only return if eligible) • Material Safety Data Sheets (MSDS) • Non -Collusion Certification • Product Specifications or Certificates of Analysis • Public Entity Crimes Statement • Vendor Certification Regarding Discriminatory Vendor List • Addenda (if any) Page 2 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 436 SCOPE OF SERVICES Includes, but is not limited to all labor, materials, and services necessary to deliver specified water and wastewater treatment chemicals for the Martin County Utilities & Solid Waste Department on an as -needed basis. The quantities listed below and on the bid form are approximate annual usage. Upon request, the Contractor shall provide safety training on chemical products annually at Martin County sites. Locations shall be provided at the time of the request. Contractors must comply with NSF/ANSI 60 Standards. Liquid carbon dioxide shall conform to the standards prescribed by the standard ANSI/AWWA B510-00. Contractors shall provide an affidavit of compliance with the requirements of ANSI/AWWA B510-00 standard, product specification or certificate of analysis, and a Material Safety Data Sheet (MSDS) with the bid form. NSF/ANSI 60 If you manufacture, sell, or distribute water treatment chemicals in North America, your products must comply with NSF/ANSI 60: Drinking Water Treatment Chemicals — Health Effects, by most governmental agencies that regulate drinking water supplies. Developed by a team of scientists, industry experts, and key industry stakeholders, NSF/ANSI 60 sets health effects criteria for many water treatment chemicals including: • Corrosion and scale inhibitors • Disinfection and oxidation chemicals • pH adjustment chemicals • All other specialty chemicals used in water treatment ANSI/AWWA B510-00 This standard covers carbon dioxide (CO2) for use in recarbonation and pH adjustment in water supply service. The main purpose of this standard is to provide purchasers, manufacturers, and suppliers with the minimum requirements for carbon dioxide, including physical, chemical, packaging, shipping, and testing requirements. DELIVERY AND INVOICING Bid prices shall be delivered Free on Board (FOB) destination to the following locations: North Jensen Water & Wastewater Plant 3100 NW Hillman Drive Jensen Beach, FL 34957 Tropical Farms Water & Wastewater Plant 8595 SW Kansas Avenue Stuart, FL 34997 Page 3 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 437 • Extra fees for delivery shall not be charged. Safety data sheets (SDS) shall be required to be submitted for all chemicals prior to delivery. • All liquid chemical invoicing paperwork shall be billed in units of price per gallon and price per pound. • All liquid chemical manifest paperwork must state the amount of liquid in gallons and pounds being delivered to the treatment plants. (continued on next page) Page 4 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 438 The following is a listing of the chemicals requested, physical data, annual use projection, and individual shipment quantities. Alternatives to the products listed below shall not be accepted. Commodity Physical Estimated Individual Description Data Annual Shipment Use Quantities SpG: 1.101 at -37 C Liquid Carbon Boiling Point -78.5 - -61.7 C (-109 — 79 F) Tank truck Dioxide A colorless gas, odorless, water-soluble 1,100 tons 25-ton/delivery (Compressed, liquefied gas) Vapor density: 1.5 Liquid Sodium Density 1.10-1.30 800,000 Tank truck Hypochlorite SpG (10%) 1.163 (12%) 1.202 gallons 5,000 (12%) color (green -yellow liquid) gal/delivery SpG 0.62@60F Anhydrous po + 11.6 (1 N sol. In water) 10,000 Tank truck Ammonia % volatile by volume: 100 gallons 1,000 solubility in water: 33% @ 68 F gal/delivery vapor density: 0.6 @ 32 F LIQUID REACTIVE HAZARD Caustic Soda boiling point: 144 C @ 760mm Hg freezing Tank truck (Sodium point: 12 C @ 760mm Hg SpG: (15.6 C) 200,000 5,000 Hydroxide) 1.53 gallons gal/delivery 50% completely soluble in water odorless LIQUID REACTIVE HAZARD Caustic Soda boiling point: 116 C @ 760mm Hg Tank truck (Sodium freezing point: -16 C @ 760mm Hg 50,000 5,000 Hydroxide) SpG: (15.6 C): 1.275 gallons gal/delivery 25% completely soluble in water odorless SpG: 1.84 Sulfuric Acid boiling point: 535-586 F 300,000 Tank truck (concentrated) % volatile: 0 @ 77 F gallons 3,000 93-98% pH (1 % solution): + 1.0 gal/delivery colorless, odorless AWC A-111 SpG:(@250) 1.1-1.2, pH(Undiluted), Boiling 2,000 Truck UL point >212°F, Appearance and Odor: Light gallons 55 gallons Yellow Liquid with faint odor drums HTH chlorine 3" tablets 25 drums (50 lbs.) HTH chlorine granular 25 drums 100 lbs.) Page 5 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 439 �yx9111:7IIrdd TT IA_F-'i11N=K The following security measures shall be used by Martin County: 1. Contractor shall supply Martin County with current identification of the driver(s) making deliveries, which must contain a photo and name. 2. Martin County shall be notified of the name of the driver(s) before the truck leaves the Contractors' terminal for delivery. This will allow County staff to match the driver(s) photo and name with the I.D. provided when he/she arrives on-site. 3. Driver(s) shall carry identification with them at all times during any chemical delivery. 4. The manifest shall contain detailed information on the product being delivered. 5. Chemical deliveries shall be coordinated prior to any deliveries. County staff prefers Monday through Friday deliveries between the hours of 6:00 a.m. and 6:00 p.m. unless otherwise agreed to at the time the order is placed. Deliveries shall only be accepted with prior proper notification. 6. Drivers may not be admitted if they do not call ahead to coordinate the date and time of arrival of any chemical delivery. CONTRACT The County reserves the right and intends to award the Contract to one or more bidders. The maximum total value of this contract shall not exceed $14,000,000.00 to all vendors combined over the life of the contract. The goods and/or services listed in this bid are for the purposes of price comparison and are not intended to be all inclusive. The County may add goods and/or services at any time during the term of this Agreement at a cost to be agreed upon by the Vendor and the County. The Term of the Contract shall be for a period of three (3) years provided both parties are in agreement and there are no changes to the terms and conditions. The County shall reserve the right to terminate the Contract in accordance with the provisions under the Terms & Conditions herein. The contract may be renewed for two additional 1 -year terms, at the County's sole discretion, for a total maximum term of five (5) years. The awardee agrees to this condition by signing their bid. Price escalations will be considered at the end of each year and must be documented with written verifications of industry price increases. The County may in its sole discretion make an equitable adjustment in the pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace that is by circumstances that satisfy all of the following: 1. The volatility is due to causes wholly beyond the successful bidder's control. 2. The volatility affects the marketplace or industry, not just the particular successful bidder source of supply. Page 6 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 440 3. The effect on pricing or availability of supply is substantial. 4. The volatility so affects the successful bidder that continued performance of the contract would result in a substantial loss. Any adjustment would require irrefutable evidence and written approval by the Chief Procurement Officer. If an adjustment to pricing is granted, beginning quarterly on dates agreed to between the County and the awardee, the awardee shall provide the Chief Procurement Officer with written justification to continue the pricing adjustment. If awardee does not provide the quarterly update, pricing shall revert back to the original pricing submitted by the awardee. Page 7 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 441 INSTRUCTIONS TO BIDDERS Bidders are encouraged to read the following instructions carefully. Deviations, changes, modifications or failures to complete the bid can, and in some instances shall, invalidate the bid. PROHIBITED COMMUNICATIONS ("CONE OF SILENCE") The Cone of Silence prohibits any communication regarding a RFB, RFP, RFQ or other competitive solicitation between any bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, AND any County Commissioner or County employee, selection committee member or other persons authorized to act on behalf of the Board including the County's Architect, Engineer or their subconsultants, or to provide a recommendation to award a particular contract, other than Purchasing Division staff (pur div(a-)-martin.fl.us). The Cone of Silence shall be in effect from the time of advertisement until contract award. Such communication shall result in disqualification. 2. EXAMINATION BY BIDDERS The Bidder is required to carefully examine the site(s) of the work, specifications, drawings, schedules, special instructions and these general requirements prior to submitting a bid and it will be assumed that the Bidder has investigated and is fully informed of the conditions and obstructions to be encountered, of the character, quality and quantities of work to be performed and materials to be furnished and of the requirements of the plans and other contract documents. The Bidder must inform himself fully of the conditions under which the work is to be performed in relation to both construction and labor conditions; failure to do so will not relieve a successful Bidder of his obligations to furnish all materials, equipment and labor necessary to carry out the provisions of the contract documents and to complete the work for the consideration set forth in their bid. 3. PREPARATION OF BIDS Bids shall be submitted on the Bid Form(s) furnished, or upon an exact copy thereof, and must be signed by an authorized representative of the firm submitting the bid. The County shall not consider any information other than that contained on the Bid Forms; specifically, nothing written on the envelope in which the Bid Forms are contained will be considered except for purposes of identification. Bidders must quote on all items listed and failure to do so will disqualify the bid. The intent of the Bid Form is to secure a price for the work described in the Contract Documents. All bid preparation costs shall be borne by the bidder. The County will not be responsible for paying any bidder for its costs incurred in preparing its bid. Bid pricing and contact information shall be typewritten. Handwritten bids shall not be accepted. 4. BID PRICING Bid prices shall be inclusive of all work included in the plans and specs (if any) regardless of itemization on bid form. 5. QUANTITIES The quantities listed in the solicitation, if given, are estimates only and are given only as a guideline for bid preparation. Estimates should not be construed as representing actual quantities to be purchased. Martin County shall not be held to any minimum or maximum purchase quantities. Page 8 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 442 6. SUBSTITUTE MATERIAL AND EQUIPMENT A bid submittal will be considered on the basis of the specified material and equipment provided in the Contract Documents, Plans, and Technical Specifications. A Prime Contractor/Bidder may propose substitution (also known as an "approved equivalent or equal" item) materials, products, equipment, or suppliers that meets or exceeds the specifications as provided and shall be approved by the Engineer of Record prior to acceptance as a substitution. Proposed substitutions shall be submitted a minimum of (14) calendar daysrip or to the bid due date and shall include supportive information in the form of the manufacturer's printed literature or brochures, sketches, diagrams, and complete specifications adhering to the intent of the design character, quality, and loading capacities. The substitution must be accompanied with an explanation in detail of how it will maintain and complement the complete design without any need for revisions. Any additional costs, including design and construction modifications, not anticipated by the Contractor as a result of the substitution or equivalent item shall be the Contractor's responsibility. All approved substitutions shall be posted for approval to all bidders a minimum of (5) calendar days prior to the bid due date. Any bids with substitutions that have not been approved by the County as specified herein shall be deemed non-responsive. 7. MINIMUM STANDARD Specifications describe the expected minimum standard. These specifications are intended to be descriptive in nature and are not intended to eliminate any vendor from submitting a bid. 8. PERMITS / LICENSES / FEES Unless otherwise noted in the bid document, any permits, licenses or fees required will be the responsibility of the Contractor as part of the contract, if applicable. No separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City) are the responsibility of the Contractor. 9. CONFLICTS, ERRORS, AMBIGUITIES OR DISCREPANCIES Bidders shall promptly notify the Purchasing Division (pur divC@__martin.fl.us) of all conflicts, errors, ambiguities or discrepancies discovered in the solicitation documents. The County will not be responsible for incorrect assessments by the Bidder. 10. INQUIRIES/ADDENDA Verbal interpretations of the meaning of the Drawings, Specifications, Sample Contract or other Contract Documents will not be valid. Every request for interpretation shall be in writing and e-mailed to Purchasing at Pur div(a-martin.fl.us no later than 5:00 PM on Monday the week prior to the bid due date. The County will respond to all such requests for interpretation and any supplemental instructions in the form of written addenda and shall publish such addenda on the online bidding site (DemandStar) no later than five (5) calendar days prior to the bid opening date fixed for the opening of bids. Bidders must acknowledge receipt of the addenda in their bid. Failure of any bidder to receive, or to acknowledge receipt of any such addenda shall not relieve such bidder from any obligation under its bid as submitted, provided, however, that failure to so acknowledge receipt of any such addenda may render a bid non-responsive and result in its rejection. Bidders are advised to contact Page 9 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 443 the County prior to submitting bids to satisfy themselves as to the existence and number of all such addenda. All addenda so issued shall become part of the Contract Documents. 11. BUSINESS REGISTRATION Bidders seeking to do business with Martin County (that fall under the categories listed below) shall, before award of contract, be registered, or shall have applied for registration, with the Florida Department of State, Division of Corporations in accordance with the provisions of Chapter 607 and/or 620, Florida Statutes (https://dos.myflorida.com/sunbiz/): • Corporations [foreign or domestic] • Limited Liability Companies (LLC) • Non -profits • Partnerships Doing Business As [DBA] - If the Bidder's name stands apart from the owner's or partners' personal legal name, or the officially registered name of an LLC or corporation, the Bidder, before award of contract, shall be registered as a fictitious name with the Florida Division of Corporations in accordance with the provisions of Chapter 865, Florida Statutes. The above requirements are also applicable to all subcontractors proposed in the bid submittal. 12. LICENSING REQUIREMENTS Bidders shall, at the time of submitting a bid in response to this solicitation, be licensed by the appropriate federal, state and local regulatory agencies as it relates to Bidders' profession or business. Bidder shall provide proof of certification and/or registration as a Contractor by the State of Florida applicable to the work required in the solicitation. The above requirements are also applicable to all subcontractors proposed in the bid submittal. 13. BIDDERS DISCLOSURE In each bid by an individual or firm, there shall be stated the name and address of every person having an interest in the bid; and in case of a corporation the names and addresses of its officers. Bids shall be signed by the person or member of the firm making the same, and in the case of a corporation, by some authorized officer or agent subscribing the name of the corporation and his own name. 14.SUBMISSION OF BIDS: Bids may be submitted via a -bid (DemandStar), hand delivery, or mail. E -Bidding (via DemandStar) www.demandstar.com Upload one (1) electronic copy (single file) in PDF format to DemandStar. E -bidding through the online bidding site shall be accepted in lieu of a sealed paper bid as outlined below. However, the bidder shall be responsible for ensuring that the required bid documents are properly uploaded and accepted by the online bidding site. The County shall not be responsible for nor accept bids not properly uploaded by the bid due date and time. Page 10 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 444 Hand Delivery or Mail: One (1) copy of the Bid must be submitted in a sealed envelope, plainly marked on the outside with the Bidder's name, RFB number and bid due date. Bids shall be delivered to the address detailed on the cover page of this solicitation. If forwarded by regular mail or express mail, the sealed envelope containing the bid and marked as directed above, shall be enclosed in another envelope addressed to the U.S. Mail address indicated on the cover page. If forwarded by overnight courier services (other than United States Postal Service Express Mail), the sealed envelope containing the bid and marked as directed above, shall be enclosed in another envelope addressed to the street address indicated on the cover page. Bids may be hand -delivered. Bids by fax or e-mail will NOT be accepted. The County cautions bidders to assure actual delivery of mailed or hand - delivered bids directly to the Martin County Administrative Center (Attn: Purchasing Division), 1st Floor, Information Desk, 2401 S. E. Monterey Road, Stuart, Florida. Confirmation of timely receipt of the bid may be made by e -mailing pur div(a-martin.fl.us before bid opening time. Bids received after the established deadline shall not be considered. 15. POWER OF ATTORNEY Attorneys -in -Fact who sign bonds must file with the board a certified copy of their power of attorney to sign such bonds. 16.JOINT VENTURE If the bid involves a joint venture, a copy of the joint venture agreement shall be included with the bid along with the attached "Statement of Business Organization". 17. RELIANCE UPON BID The County shall be entitled to rely upon all representations, including financial and other terms of performance, contained within a bid. The bidder further agrees to be bound to perform in accordance with its bid terms, including price. All bid terms, including price, shall be valid for a period of 90 calendar days from the date of the bid opening. 18. PUBLIC BID OPENING Sealed bids will be received at the Martin County Administrative Center, Attn: Purchasing Division, 2401 SE Monterey Road, Stuart, Florida 34996, at the time set forth in the solicitation. Bids received after the designated time and date will not be considered. Bids will be publicly opened and read in the Commission Chambers (unless otherwise stated herein). 19.ACCEPTANCE OR REJECTION OF BIDS The County reserves the right to reject any and all bids when (i) such rejection is in the interest of the County; (ii) such bid is void per se; or (iii) the bid contains any irregularities, provided, however, that the County reserves the right to waive any minor irregularities and to accept the lowest responsible and responsive bid determined by the County. Bids may be considered irregular if there are omissions, unauthorized alterations of any forms, additions not called for, conditional or unauthorized alternate bids, or other irregularities of any kind. The County reserves the right to request a written confirmation of the bid and the responsibility of the bidder prior to the awarding of the Contract. Failure of the bidder to confirm the bid within seven (7) working days from the date of the County's request may Page 11 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 445 render the bid non-responsive and will entitle the County to award to the next lowest bidder and may require forfeiture of the bid bond. 20. REFERENCES References may be contacted by the County to validate information provided by the Bidder and to determine the client's overall satisfaction with the services provided. Bidder is responsible for notifying their references that the County may contact them. If references cannot be reached, the bid may be deemed non-responsive and rejected. If references obtained by the County are not favorable, the County may reject the bid. 21. PUBLIC RECORD Bids become a "public record" and shall be subject to disclosure consistent with Chapter 119, Florida Statutes, thirty (30) calendar days after the bid opening or upon bid award in accordance with Chapter 119, Fla. Stat. Marking a proposal "confidential" or "proprietary" does not exclude all or any part of the proposal from disclosure under public records requirements. To claim the proposal or a portion thereof as exempt or confidential and exempt from disclosure, you must state the basis of the exemption, including the statutory citation to an exemption created or afforded by Florida Statutes; state in writing and with particularity the reasons for the conclusion that the proposal is exempt or confidential and exempt; and if only a portion of the proposal is claimed to be exempt or confidential and exempt, provide a redacted version of the proposal showing those portions claimed to be exempt or confidential and exempt. Proposals submitted with claimed exemptions shall be reviewed and release of these records shall be at the County's discretion. Failure to notify the County of claimed exemptions constitutes a waiver and the submittal will be released as requested. 22. WITHDRAWAL OF BIDS Prior to the bid opening, a bid may be withdrawn provided that the bidder submits a written request that is signed by an authorized representative of the firm that submitted the bid. However, modifications will not be accepted or acknowledged. 23. NOTICE OF INTENDED AWARD A bid tabulation will be posted as soon after the bid opening as possible on the County's website at www.martin.fl.us. Notice of Award will be posted on the online bidding site (DemandStar). 24. FUND AVAILABILITY Any contract resulting from this solicitation is deemed effective to the extent of appropriations available. 25. CONTRACTOR'S FINANCIAL ABILITY The apparent low, responsive bidder shall provide evidence of financial health prior to bid award, upon request, including but not limited to financial statements, cash flow projections, bank statements and tax returns. Failure to provide requested information shall deem the bidder non -responsible. 26. RESPONSIBLE BIDDER (VENDOR) Florida Statute 287.012(25) states that a "Responsible vendor" means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. The County shall review factors, including Page 12 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 446 but not limited to, past project performance, references and length of time in business and shall make the determination of responsibility in its sole discretion. A Contractor Performance Evaluation will be completed at the end of each project. An overall rating of "poor" will result in the Contractor being deemed "non -responsible" for future bids and will result in rejection of bid. 27. RESPONSIVE BIDDER (VENDOR) A vendor that has submitted a bid, offer, proposal, quotation or response that conforms in all material respects to the solicitation. 28. BID PROTEST PROCEDURE Protests shall be in accordance with the procedure outlined in Section 19 of the Martin County Purchasing Manual which is available on the County's website: htti)s://www.martin.fl.us/resources/purchasing-manual 29. CONTRACT The bidder understands that this solicitation does not constitute a Contract with the bidder. County contracts are awarded only when a fully executed written agreement has been returned to the Bidder by the County. No one shall be entitled to rely on any other action as an award. The County will not be liable for any costs incurred by the bidder prior to execution of the contract by the parties. The bidder to whom the award is made shall, within fourteen (14) calendar days after receipt of the Contract, execute the Contract on the form attached and return it to the County. The executed Contract should be returned to the County accompanied by the required insurance documents and any other documentation that may be required by the Contract documents to be submitted at that time. If the bidder fails to execute the Contract or provide the insurance and other required documentation within fourteen (14) calendar days, there shall be just cause for the annulment of the award and forfeiture of the Bid Guaranty (if applicable) to the County. Award may then be made to the next lowest, responsible, and responsive bidder or the work may be re -advertised at the County's sole discretion. 30. EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement. Contractors doing business with the County are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age or sex. 31. LOCAL VENDOR PREFERENCE When a responsible and responsive, non -local business submits the lowest price bid and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent (5%) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next -lowest qualified and responsive bid offer shall have the opportunity to submit an offer that matches the price offered by the Apparent Low Bidder in accordance with Section 135.7, Code of Ordinances, Martin County Code. 32. AWARD For the purpose of award, the County will consider as the bid the correct summation of each unit price multiplied by the estimated quantities or the submitted total of all line items at the County's sole discretion and in the County's best interest. The County may award based on the basis of quantities included in the BASE BID or quantities included in the base bid plus bid alternatives, if any, and/or number of days to complete, at the County's sole discretion. Page 13 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 447 The County reserves the right to cancel the bid, accept or reject any and all bids in whole or in part, and waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible Bidder, rebidding of the project is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to award the Contract to one or more bidders or not make any award(s) under this bid. 33. SPLIT AWARD Martin County reserves the right to award to the overall lowest, most responsive bidder or to award by line item should that be in the best interest of the County. 34. SUBCONTRACTING /ASSIGNMENT The Contractor shall not assign the contract or subcontract any requirement without obtaining the prior written approval of Martin County. 35. USE OF COUNTY CONTRACTS BY OTHER ENTITIES At the option of the Contractor, use of County contracts may be extended to other governmental agencies, and non-profit organizations for piggybacking. Each entity allowed by the Contractor to use a County contract shall do so independent of any other entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. The County does not endorse the use of any contractor and shall not be liable for any third -party transaction. The Contractor shall not be obligated to extend piggyback offers. 36. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed that the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this fact. 37. SHIPPING / DELIVERY Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination. 38. PERFORMANCE DURING EMERGENCY By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Martin County shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to Martin County throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the County in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the County. 39. FEDERAL, STATE AND COUNTY REGULATIONS Page 14 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 448 The successful bidder(s) and their employees shall conform to all Federal, State and County regulations while in performance of their contracts. Any individual found not to conform shall not be allowed to start to work or if started shall be required to leave the job site immediately. Continued violations by any Successful Bidder shall result in the immediate termination of the Successful Bidder contract. 40. CONFLICT OF INTEREST Section 112.313, Florida Statutes, prohibits contracts with County employees, officers and advisory board members. All vendors must disclose the name of any Martin County officer or employee who is employed by (Section 112.313(7), Florida Statutes) or owns, directly or indirectly an interest in the vendor's firm or any of its branches (Section 112.313 (3), Florida Statutes). Advisory Board Members, County officers or County employees may qualify for an exemption by including a completed Commission on Ethics Form 3A with their submittal and filing such form with the Supervisor of Elections in accordance with Section 112.313(12)(b), Florida Statutes. Please contact the Purchasing Division for additional information. 41. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 42. IMMIGRATION REFORM AND CONTROL ACT OF 1986 The Contractor agrees that it does not and will not, during the performance of the Contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract. The Contractor shall be responsible for including this provision in all contracts with subcontractors related to this Contract. 43. NON -COLLUSION Martin County reserves the right to disqualify bids upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the bid process in a manner that conflicts with applicable law, upon the part of the Bidder(s), Bidder's employees or agents, the County's Professional Consultant(s), or Consultant's agents, or any County employee(s) who may, or may not, be involved in the development of bid specifications and/or firm bid schedules. Multiple bids from an individual, partnership, corporation, association (formal or informal) or firm under the same or different names shall not be considered. Reasonable grounds for believing that a Bidder has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Bidder is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Bidders, the County's Professional Consultant(s) or County employees. Any Contractor involved in the development of bid specifications or has direct knowledge of the bid specifications prior to a bid advertisement shall be disqualified from participating in the applicable bid process. 44. PUBLIC ENTITY CRIMES Any bidder, or any of his suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the County shall not be a convicted vendor or, if the bidder or any of his suppliers, subcontractors, or consultants of the bidder has been convicted of a Page 15 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 449 public entity crime, a period longer than 36 months shall have passed since that person was placed on the convicted vendor list. The bidder further understands and accepts that any contract issues as a result of this solicitation shall be either voidable by the County or subject to immediate termination by the County, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 Florida Statutes. The County, in the event of such termination, shall not incur any liability to the respondent for any work or materials furnished. 45.VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes. 46. SUSPENSION AND DEBARMENT Martin County will not make award to parties listed on the government -wide exclusions list in the System for Award Management (SAM). The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. By submittal of a bid in response to this solicitation, bidder asserts neither it nor its principals are presently debarred, suspended or proposed for debarment, declared ineligible, or voluntarily excluded from participation in this work by any Federal department or agency. For work funded by federal grant, contractor is required to have an active registration with the System for Award Management (https:Hsam.gov/content/home) prior to execution of the agreement. 47. E -VERIFY Bidder must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. Owner, contractor, and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Contractor is responsible for obtaining proof of E -Verify registration for all subcontractors. This requirement applies to any provider of services or goods. 48. ADDITIONAL INFORMATION All terms and conditions of the Martin County Purchasing Manual are incorporated into this solicitation by reference and are fully binding. Bidders are required to submit their responses to this solicitation, and to conduct their activities during this process in accordance with the Martin County Purchasing Manual. This solicitation, the subsequent evaluation, negotiations, and contract award shall be in accordance with the Martin County Purchasing Manual. The County reserves the right to disqualify, remove from consideration, or debar as appropriate, Page 16 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 450 any vendor that does not comply with the applicable requirements set forth in the Martin County Purchasing Manual. The Purchasing Manual is available on the County's website: https://www.martin.fl.us/resources/purchasing-manual Each Respondent, by submitting a bid in response to this solicitation, hereby agrees to comply with, and perform in accordance with any and all policies and procedures provided in the Martin County Purchasing Manual, the County Administrative Code, and any and all other local, state, and federal rules, regulations, laws, codes and ordinances throughout the solicitation and contract term. Page 17 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 451 This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback SAMPLE AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this day of in the year, 2023, between: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter COUNTY), located at 2401 S.E. Monterey Road, Stuart, FL 34996 AND the CONTRACTOR: (hereinafter CONTRACTOR) Contract Name: Contract Number: Contract Term: Three (3) years plus two (2) 1 -year renewal options (Not to exceed 5 years) Not to Exceed Amount: $ Page 18 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 452 WHEREAS, COUNTY has previously determined that it has a need for goods and/or services more specifically outlined in the Request for Bids (RFB) and the Scope of Services; and WHEREAS, COUNTY solicited competitive bids for such services pursuant to the Martin County bid number referenced on Page 1 of this Agreement; and WHEREAS, COUNTY awarded the Bid to CONTRACTOR; and WHEREAS, CONTRACTOR has represented that it is able to satisfactorily provide the services and or materials according to the terms and conditions of the RFB, which is incorporated herein by reference, and the terms and conditions contained herein; and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The CONTRACTOR hereby agrees to provide the COUNTY with goods and services, as requested and more specifically outlined in the Scope of Services attached hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement, including any additional contract terms contained herein. 2. Time of Service. Services shall be performed in a timely manner, as specified in the Request for Bid or as set forth herein. 3. Term of Agreement/Option of Renewal. This Agreement shall be in effect from the date of execution and for the term and agreed upon renewal options indicated on Page 1 of this Agreement. This Agreement may be extended subject to execution of a written agreement between the COUNTY and CONTRACTOR for up to 90 additional days beyond the term and agreed upon renewal options. This option shall be exercised only if all prices, terms and conditions remain the same, or decrease. 4. Amendment of the Agreement. This Agreement may be amended only by mutual written agreement signed by the parties. No statement, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or is binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 5. Assignment/Subcontracting. The CONTRACTOR shall perform all services and provide all goods and equipment required by this Agreement. No assignment or subcontracting shall be allowed without the prior written consent of the COUNTY. In the event of a corporate acquisition and/or merger, the CONTRACTOR shall provide written notice to the COUNTY within thirty (30) business days of CONTRACTOR'S notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this Agreement, which shall not be unreasonably exercised by the COUNTY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state or federal laws. Action by the COUNTY awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFB, without exception shall constitute approval for purpose of this Agreement. Page 19 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 453 6. Termination. 6.1 COUNTY shall notify CONTRACTOR of any failure to comply with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such failure/default. CONTRACTOR shall correct such failure/default within five (5) working days. COUNTY shall have the right to terminate this Agreement if such correction is not made within the time specified above. 6.2 Failure of the CONTRACTOR to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the Agreement at the sole discretion of the COUNTY. 6.3 COUNTY reserves the right to cancel this Agreement, without cause, by giving thirty (30) days prior written notice to the CONTRACTOR of the intention to terminate. 7. Compensation. COUNTY shall pay CONTRACTOR upon CONTRACTOR's completion of, and COUNTY's acceptance of, the services required herein, in the amounts specified in the Price Schedule attached hereto and made a part hereof as Exhibit B. Price escalations will be considered at the end of each year and must be documented with written verifications of industry price increases. 7.1 The County may in its sole discretion make an equitable adjustment in the pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace that is by circumstances that satisfy all of the following: a. The volatility is due to causes wholly beyond the successful bidder's control. b. The volatility affects the marketplace or industry, not just the particular successful bidder source of supply. c. The effect on pricing or availability of supply is substantial. d. The volatility so affects the successful bidder that continued performance of the contract would result in a substantial loss. 7.2 Any adjustment would require irrefutable evidence and written approval by the Purchasing Manager. 7.3 If an adjustment to pricing is granted, beginning quarterly on dates agreed to between the County and the awardee, the awardee shall provide the Purchasing Manager with written justification to continue the pricing adjustment. If awardee does not provide the quarterly update, pricing shall revert back to the original pricing submitted by the awardee. 7.4 COUNTY shall pay invoices in accordance with the Local Government Prompt Payment Act. 8. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and licenses required to complete this Agreement. 9. Public Records. Page 20 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 454 9.1 CONTRACTOR shall comply with the provisions of Chapter 119, Fla. Stat. (Public Records Law), in connection with this Agreement and shall provide access to public records in accordance with §119.0701, Fla. Stat. and more specifically Contractor shall: 9.1.1 Keep and maintain public records required by the County to perform the Agreement. 9.1.2 Upon request from the County's custodian of public records, provide the County 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, Fla. Stat. or as otherwise provided by law. 9.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the County. 9.1.4 Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the Agreement. If the CONTRACTOR transfers all public records to the County upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. 9.1.5 All blueprints, schematics and design drawings received by the CONTRACTOR from the COUNTY shall not be re -copied or forwarded to another party unless documented permission has been received by COUNTY. Documents shall be documented as retained, returned, or destroyed by CONTRACTOR accepting said documents. In accordance with the Florida Public Records Act, these documents are exempt from Public Disclosure as described in 119.071, Fla. Stat., general exemptions from inspection or copying of public records. 9.2 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 AT (772) 419-6959, public record s(&-martin.fl.us, 2401 SE MONTEREY ROAD, STUART, FL 34996. 9.3 Failure to comply with the requirements of this Article shall be deemed a default as defined under the terms of this Agreement and constitute grounds for termination. Page 21 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 455 10. Minimum Insurance Requirement. The CONTRACTOR must maintain insurance in at least the amounts required throughout the term of this Agreement or any renewals or extensions. The CONTRACTOR must provide a Certificate of Insurance in accordance with the Insurance Requirements and as set forth herein naming the COUNTY as an additional named insured evidencing such coverage prior to issuance of a purchase order or commencement of any work under this Agreement. a. Loss Deductible Clause: The COUNTY shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. b. Worker's Comaensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the COUNTY for the protection of its employees not otherwise protected. Coverage to include Employers Liability $100,000 each accident, $100,000 each Disease/Employee and $500,000 each Disease/Maximum. Commercial Automobile Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Comprehensive Automobile Liability Insurance for "Any Auto" (owned, hired and non -owned) for a minimum of $1,000,000 Combined Single Limit. d. Commercial General Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Commercial General Liability Insurance including coverage for bodily injury, property damage, personal/advertising injury and products/completed operations for negligent acts which may arise from operations under this Agreement whether such operations are alone or by anyone directly or indirectly employed by it. The policy should include Contractual Liability to cover the hold harmless and indemnity provision as set forth in this agreement. A per project limit of liability is required. The amounts of such insurance shall be the minimum limit as follows: Each Occurrence - $1,000,000 Personal/Advertising Injury - $1,000,000 Products/Completed Operations Aggregate - $2,000,000 General Aggregate - $2,000,000 Fire Damage - $100,000 and 1 fire Medical Expense - $10,000 any 1 person e. Commercial Automobile and General Liability Insurance: The Contractor shall require each of its subcontractors to procure and maintain during the life of this Page 22 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 456 subcontract, insurance of the type specified above or insure the activities of his subcontractors in its policy, as specified above. f. Waiver of Subrogation. The CONTRACTOR hereby waives any and all rights of Subrogation against the COUNTY, 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 a pre -loss agreement to waive subrogation without an endorsement, then the 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. 11. Indemnification. CONTRACTOR shall indemnify and hold harmless the COUNTY and Federal government from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, person or property by or from the said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or on account of any act or omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. The first ten dollars ($10.00) of compensation received by the CONTRACTOR represents specific consideration for this indemnification obligation. 12. Governing Law. The laws of the State of Florida shall govern this Agreement. 13. Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither agent, employee, partner nor joint venture of COUNTY. CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Agreement, at the discretion of COUNTY. 14. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement to be impossible or performance. 15. Conflict of Interest. CONTRACTOR represents that it has no interest and shall acquire no interest(s), which conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, of the Florida Statutes, CONTRACTOR further represents that no person having any interest shall be employed for said performance. CONTRACTOR shall notify COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request an opinion from COUNTY, the prospective business association, interest or circumstance would not Page 23 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 457 constitute a conflict of interest by CONTRACTOR, COUNTY shall so state in the notification and CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict with respect to services provided to COUNTY by CONTRACTOR under the terms of this Agreement. 16. Documents Comprising Agreement. The Agreement documents shall include this Agreement as well as the following documents, which are incorporated herein by reference. e. Martin County's Request for Bid and all of its addenda and attachments which are part of the RFB set forth above. f. Contractor's Certificate of Insurance required in the Request for Bid; g. Contractor's response to the RFB or soliciting document. 17. Dispute Resolution. 17.1 As a condition precedent to the filing of any legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the COUNTY shall select the mediator, who, if selected solely by the COUNTY, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediator. 17.2 Attorney's Fees. The parties expressly agree that each party will bear its own attorney's fees incurred in connection with this Agreement. 17.3 Venue. This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Martin County, Florida. 17.4 Non jury trial. The parties expressly and specifically hereby waive the right to a jury trial as to any issue in any way connected with this Agreement. 17.5 The parties expressly and specifically hereby waive all tort claims and limit their remedies to breach of contract as to any issue in any way connected with this Agreement. 18. Confidential Information. 18.1 Any information such as specifications, drawings, sketches, business information, forecasts, models, samples, data, computer programs and other software, and documentation of one Party (a "Disclosing Party") that is furnished or made available or otherwise disclosed to the other Party or to such other Party's employees, contractors, or agents (a "Receiving Party") pursuant to this Agreement ("Proprietary Information") shall be deemed the property of the Disclosing Party. Proprietary Information, if written, shall be clearly and conspicuously marked "Proprietary". Such information may be disclosed to those persons who have a need for it in connection with the provision of services required to fulfill this Agreement and shall be used by those persons only for such purposes; and may be used for other purposes only upon such terms and conditions as may be mutually agreed to in advance of such use in writing by the Parties. Notwithstanding the foregoing sentence, COUNTY shall be entitled to Page 24 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 458 disclose or provide Proprietary Information as required by any governmental authority or applicable law, including but not limited to Section 119, Fla. Stat. Existence and terms of this Agreement shall constitute a public record and shall be subject to Section 119, Fla. Stat. CONTRACTOR agrees to comply with the requirements of Sec. 119.0701, Fla. Stat. 18.2 If COUNTY receives a public records request for public records received from CONTRACTOR, including any public records request for Proprietary Information or for records that may be or may contain Proprietary Information, COUNTY shall promptly notify CONTRACTOR. The notice shall inform CONTRACTOR that it must promptly inform COUNTY, in writing, whether or not CONTRACTOR claims an exemption to the release of part or all of the requested public record. If CONTRACTOR claims that part or all of a public record is exempt from inspection and copying, that writing shall state the basis of the exemption that it contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. If CONTRACTOR claims that an exemption applies to part of a requested public record, CONTRACTOR shall, in that writing, identify for redaction the part of that public record to which the exemption is asserted and validly applies, and the remainder of that public record shall be produced for inspection and copying. If CONTRACTOR promptly notifies COUNTY of a claim of exemption, COUNTY shall review the exemption claimed and decide whether to release the public records. If CONTRACTOR fails to promptly notify COUNTY that it claims an exemption to the release of the requested public record, that failure constitutes a waiver of any claim of trade secret or confidentiality, and COUNTY shall release the record as requested. 18.3 CONTRACTOR will indemnify, defend, and hold COUNTY, COUNTY's elected officials, employees, agents, and attorneys and their successors (each an "Indemnitee") harmless of and from any claim brought or threatened against any Indemnitee by any person or entity on account of or related to any public records request for public records, as that term is defined in Section 119.011, Fla. Stat., that are or may be or may contain Proprietary Information, each of which may be defended, settled or pursued by COUNTY with counsel of COUNTY's choice but at the expense of CONTRACTOR, including reasonable attorneys' fees and costs, including attorneys' fees and costs in litigation and on appeal incurred by or awarded against any Indemnitee or agreed upon by any Indemnitee as part of any settlement of any claim for attorney's fees and costs for failure to produce requested public records disclosed to an Indemnitee by CONTRACTOR. 18.4 In the event of the expiration or termination of this Agreement for any reason whatsoever, each Party shall return to the other Party Proprietary Information and other documents, work papers and other material (including all copies thereof) obtained from the other Party in connection with this Agreement, subject to Chapter 119 and other public records retention requirements set forth in Florida law. 19. Requirement to E -Verify. As a condition precedent to entering into this AGREEMENT, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. A. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this AGREEMENT. Page 25 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 459 B. The COUNTY, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat., or the provisions of this section shall terminate the contract with the person or entity. C. The COUNTY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. D. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this AGREEMENT by the COUNTY for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the COUNTY as a result of termination of any contract for a violation of this section. E. Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section, including this subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. If there is a conflict between the terms of this Agreement and the above referenced documents, then the conflict shall resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the date first above written. Page 26 of 26 RFB2023-3527 Chemicals for Water & Wastewater Treatment 460 BID SUBMITTAL CHECKLIST In an effort to assist the Bidder in properly completing all documentation required, the following checklist is provided for the Bidder's convenience. The Bidder is solely responsible for verifying compliance with bid submittal requirements. Please refer to Page #2 of the solicitation for a list of required documents. Failure to provide the forms/documentation listed may deem a bid "non-responsive" and be ineligible for contract award. NAME OF FIRM / BIDDER: Brenntag Mid -South, Inc. Contract #: RFB2023-3527 Contract Name: Chemicals for Water & Wastewater Treatment CHECK BOX DESCRIPTION / REQUIREMENT VI Bid Submittal Checklist ® Bid Form Affidavit of compliance with the requirements of ANSI/AWWA B510-00 standard ® Bidder's Qualification Statement Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Conflict Affidavit Drug Free Workplace Certification Equal Opportunity Statement F-1 Local Vendor Preference (only return if eligible) Include copy of a business or contractor license and/or business tax receipt which verifies local address Material Safety Data Sheets (MSDS) Non -Collusion Certification Product Specifications or Certificates of Analysis a Public Entity Crimes Statement Vendor Certification Regarding Discriminatory Vendor List Signed Addenda (if any) 461 BIDDER'S QUALIFICATION STATEMENT 1. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business. (If corporation, state the name of the president and secretary. If a partnership, state the name of all partners. If a trade name, state the name of the individuals who do business under the trade name). (Legal Name of Bidder) Brenntag Mid -South, Inc. a) The business is a (Insert form of business entity) Corporation b) The address of the principal place of business is 250 Central Florida Parkway Orlando FL 32824-7601 c) The names of the corporate officers, or partners, or individuals doing business under a trade name are as follows: John T Hill - Director Jaime Skinner - Secretary John T Hill - President Scott Lieboritz - Director 2. Name, title and email address of person that will sign the contract: Name: Sara Terry Title: Municipal Contract Specialist Email Address: bms-bids@brenntag.com 3. Federal Employer ID (FEIN) #: 61-0504545 4. Unique Entity ID#: KVICVPLVHFNI (created in SAM.gov) 5. State the number of years your business organization has been doing business under this name. 76 years 6. Have you ever failed to complete a contract awarded to you? If so, state where, when and why? N/A 7. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of Martin County? Yes ❑ No Section 112.313, Florida Statutes, prohibits contracts with County employees, officers and advisory board members. All vendors must disclose the name of any Martin County officer or employee who is employed by (Section 112.313(7), Florida Statutes) or owns, directly or indirectly an interest in the vendor's firm or any of its branches (Section 112.313 (3), Florida Statutes). Advisory Board Members, County officers or County employees may qualify for an exemption by including a completed Commission on Bidder's Qualification Statement Page 1 of 3 462 Ethics Form 3A with their submittal and filing such form with the Supervisor of Elections in accordance with Section 112.313(12)(b), Florida Statutes. Please contact the Purchasing Division for additional information. 8. Is your company a certified Disadvantaged Business, Minority Business Enterprise (MBE), Woman -Owned Business Enterprise (WBE) or Veteran Owned Business? N/A If yes, attach Certificate. 9. Are you a small business as defined by the SBA? Yes ❑ No ® If yes, number of employees and provide certificate. 10. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5) years? Yes ❑ No If yes, explain: 11. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions? Yes ❑ No If yes, explain: 12. Have there been any suits, liens or surety claims against you or your organization over the past five (5) years for non-payment of sums due subcontractors or suppliers for work completed? Yes ❑ No If yes, explain: 13. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years? Yes ❑ No If yes, explain: 14. Are the Bidder, its principals or affiliates presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any municipal, County, State, or Federal department or agency? Yew No If yes, explain: Bidder must provide proof of a minimum of three (3) projects (performed as the Prime Contractor) similar to this scope of services within the last five (5) years: Project Name: Seacoast Utilities Location: 4200 Hood Rd, Palm Beach Gardens, FL 33418 Description of Work: Deliver water chemicals Date of Contract: 2023-2024 Contract Award Amount:$430,000.00 Contact Person: Jessica Decker Telephone Number: 561-627-2900 E-mail Address: jdecker@sua.com Bidder's Qualification Statement Page 2 of 3 463 Project Name: Seminole Electric Co -Op Location: 16313 N Dale Mabry Hwy, Tampa, FL 33688 Description of Work: Deliver water chemicals Date of Contract: 2023-2025 Contract Award Amount: $590,000.00 Contact Person: Haley Grandon Telephone Number: 813-963-0994 E-mail Address: hgrandon@seminol-electric.com Project Name: City of Punta Gorda Location: 326 W Marion Ave, Punta Gorda, FL 33950 Description of Work: Deliver water chemicals Date of Contract: 2023-2024 Contract Award Amount: $122,000.00 Contact Person: Chelsey Rodgers Telephone Number: 941-575-3396 crodgers@cityofpuntagordafl.com certify that the above information is true and correct. Sara Terry Name of Authorized Representative (Print) Municipal Contract Specialist Title 61-0504545 Federal Tax I.D. Number 828-729-7557 Phone Number bms-bids@brenntag.com E-mail address Authori ed gignature Bidder's Qualification Statement Page 3 of 3 464 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Lower Tier Covered Transactions The Respondent (bidder) certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; and 2. have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and 3. are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and 4. have not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Respondent (bidder) certifies that it shall perform a debarment verification on any sub- contractor, sub -consultant, material supplier or vendor, that it proposes to contract with to perform any work under this RFB, and shall not enter into any transaction with any subcontractor, sub - consultant, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by Martin County Board of County Commissioners. Firm Name: Name of Authorized Official: Title of Authorized Official: Signature of Authorized Official: Date: Brenntag Mid -South, Inc. Sara Terry Municipal Contract Specialist 8/1/23 Page 1 of 1 465 CONFLICT AFFIDAVIT STATE OF ( North Carolina ) COUNTY OF (Vance ) I, the undersigned, being first duly sworn, do hereby state under oath and under penalty of perjury that the following facts are true: 1. 1 am over the age of 18 and am a resident of the State of North Carolina 2. 1 am the Municipal Contract Specialist (title) of Brenntag Mid -South, Inc. (Enity name) and I certify that I forth within this Affidavit. have the authority to make the representations set 3. Brenntag Mid -South, Inc. (Entity name) intends to do business with Martin County in response to: © RFB ❑ RFP ❑ RFQ #: 2023-3527 whereby business will be awarded under a system of sealed, competitive bidding to the lowest or best bidder. 4. 1 have reviewed Section 112.313(3) and (7), Florida Statutes; and pursuant to the provisions therein, Brenntag Mid -South, Inc. (Entity name) doing business with Martin County: ® DOES NOT impact any public officer or employee of Martin County; or ❑ DOES IMPACT a public officer or employee of Martin County (Public Officer/Employee Name: Sara Terry ); and 5. In compliance with Section 112.313(12), Florida Statutes, the impacted public officer or employee of Martin County, prior to the submission of this bid, has filed a statement with the Supervisor of Elections of Martin County, disclosing their interest, or the interest of their spouse or child, and the nature of the intended business, as set forth in Florida Commission on Ethics Form 3A, http://www.ethics.state.fl. us/Documents/Forms/Form3A.pdf?cp=202058. Executed this 1 day of August , 2023 By 11 (ignature) By Municipal Contract Specialist (Name and Title) Page 1 of 2 466 STATE OF (IBJ (Wfll COUNTY OF The foregoing instrument was acknowledged before me by means of F-1physicalpresence or R/online notarization this I day of /\(,�i(Just —1 20 by sar"".1 Jc"'rry (Name of Officer or Agent), as 110 Ll r-1 C i p a �- C.o rltr c t (Title of Officer or Agent) of h -w, _(Name of Corporation Acknowledging) a K(,,,nhv,,*y corporation (State or Place of Incorporation), on behalf of the corporation. He/She is personally known to me or 1:1 has produced a driver's license issued within the past 5 years as identification. -3 tAOTA R k MY 0 0, PUB00, (Printed, Typed or Stamped Name of Notary Public) Page 2 of 2 467 DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder/Contractor, in accordance with Florida Statute 287.087 hereby certifies that Brenntag Mid -South, Inc. (Name of Business) does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Firm Name: Brenntag Mid -South, Inc. Name of Authorized Official: Sara Terry Title of Authorized Official: Municipal Contract Specialist C Signature of Authorized Official: IV U Date: 811123 Page 1 of 1 468 EQUAL OPPORTUNITY STATEMENT The Respondent (Bidder) shall complete the following statement by signing this form where indicated. Failure to complete this form may be grounds for rejection of bid: The awarded Contractor shall comply with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as amended) prohibiting employment discrimination and shall comply with the regulations and guidelines promulgated pursuant to this Act by the Secretary of the Interior and the Heritage Conservation and Recreation Service. 2. During the performance of this contract, the awarded Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 3. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 4. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 5. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 7. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 1 of 2 469 8. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub -Contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a sub -Contractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Firm Name: Name of Authorized Official: Title of Authorized Official Signature of Authorized Official: Date: Brenntag Mid -South, Inc. Sara Terry Municipal Contract Specialist 8/1/23 Page 2 of 2 470 LOCAL VENDOR PREFERENCE N/A CERTIFICATION STATEMENT (Complete and Return ONLY if Eligible) Bid Number: Bid Name: Vendor agrees that it meets and will comply with all requirements of Section 135.7, Code of Ordinances, Martin County Code, included but not limited to: 1. Vendor has a fixed, staffed office or distribution point located in and having a street address within Martin County or St. Lucie County for at least one year prior to the issuance of this Request for Bid (RFB) and attached is a copy of a business or contractor license and/or business tax receipt which verifies this. Post Office boxes shall not be used or considered for the purpose of establishing a physical address; and 2. If awarded a contract, vendor will be the person or entity indirect contract with the County and not as a subcontractor, other lower tier subcontractor, materialman or supplier. Company Name (Print) Street Address (Print) Owners Name & Title (Print) Authorized Signature FOR COUNTY USE ONLY Vendor meets all requirements of Section 135.7, Code of Ordinances, Martin County Code. Certified by: Date: 471 �Ni"�V IIP II �Y '`or7tl'4le'v NON -COLLUSION CERTIFICATION I (we) hereby certify that if the contract is awarded to me, our firm, partnership or corporation, that no members of the elected governing body of Martin County nor any professional management, administrative official or employee of the County, nor members of his or her immediate family including spouse, parents or children, nor any person representing or purporting to represent any member or members of the elected governing body or other official, has solicited, has received or has been promised, directly or indirectly, any financial benefit including but not limited to a fee, commission, finder's fee, political contribution, goods or services in return for favorable review of any Proposals submitted in response to the Request for Proposal or in return for execution of a contract for performance or provision of services for which proposals are herein sought. Firm Name: Brenntag Mid -South, Inc. Name of Authorized Official: Sara Terry Title of Authorized Official: Municipal Contract Specialist Signature of Authorized Official: C-�u Date: 8/1/23 Page 1 of 1 472 SWORN STATEMENT UNDER SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted for Brenntag Mid -South, Inc. 2. This sworn statement is submitted by Sara Terry Whose business address is: 250 Central Florida Parkway Orlando FL 32824-7601 and (if applicable) its Federal Employer Identification Number (FEIN) is: 61-0504545 (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: N/A 3. My name is Sara Terry and my relationship to the entity named above is Municipal Contract Specialist 4. 1 understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Section 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Section 287.133(1) (a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Section 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States Public Entity Crimes Statement Page 1 of 3 473 with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, that statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] ® Neither the entity submitting this sworn statement, nor one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. ❑ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the Final Order.] ❑ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the Final Order.] aThe person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Signature: Public Entity Crimes Statement Date: 8/1/23 Page 2 of 3 474 STATE OF (0'J0F't1 COUNTY OF (V;,`3 nc (1.1111 The foregoing instrument was acknowledged before me by means of Ophysical presence or online notarization this 1 day of 20 2 3 , by S a�, r r r (Name of Officer or Agent), as SpcxIiah�.',11 (Title of Officer or Agent) of (Name of Corporation Acknowledging) a corporation (State or Place of Incorporation), on behalf of the corporation. He/She 0 "personally known to me orFj has produced a driver's license issued within the past 5 years as identification. thoTAR MY 014MI EXPIRES PUBL%G All Public Entity Crimes Statement Page 3 of 3 475 Martin County Board of County Commissioners Purchasing Division 2401 SE Monterey Road Stuart, FL 34996 Phone: (772) 288-5400 pur div@martin.fl.us STATEMENT OF NO BID NSA In order to assist the Martin County Board of County Commissioners in evaluating and improving the solicitation process, bidders, suppliers, manufacturers, etc. are hereby requested to complete this form and return via mail or e-mail if applicable. By submitting this form, it will assist the County in evaluating all responses, improving our bid solicitation process, and maintaining a positive relationship with our vendors. We, the undersigned, have declined to bid for the following reason(s): ❑ 1. No opportunity to meet with the agency before or during the bid process ❑ 2. Our schedule would not permit us to perform ❑ 3. Unable to meet specifications ❑ 4. Insufficient time to respond to the Invitation to Bid ❑ 5. We are unable to meet bond requirements ❑ 6. Other (Explain) *BID NUMBER: *BID DESCRIPTION: *NAME OF FIRM: *BUSINESS ADDRESS: *CITY: *PHONE: *E-MAIL ADDRESS: *BY :( PRINTED NAME) *STATE: *ZI P: Page 1 of 2 FAX: 476 *AUTHORIZED SIGNATURE: *TITLE: *DATE: *PLEASE LIST OTHER COMMENTS HERE: This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback Page 2 of 2 477 VENDOR CERTIFICATION REGARDING DISCRIMINATORY VENDOR LIST Respondent Vendor Name: Brenntag Mid -South, Inc. Vendor FEIN: 61-0504545 Vendor's Authorized Representative Name and Title: Sara Terry Municipal Contract Specialist Address: 250 Central Florida Parkway City, State, zip: Orlando FL 32824 Phone Number: 828-729-7557 Email Address: bms-bids(q�_brenntaq.com Section 287.134(3)(d), Florida Statutes, prohibits an entity or affiliate who has been placed on the discriminatory vendor list 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, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. Certified By: who is Athorifed to sign on behalf of the above referenced company. Sara Terry Municipal Contract Specialist Print Name and Title 8/1/23 Date 478 A A A I loE3= 11,141, " I Bill �', I TO: To Whom It May Concern This is to advise that Sara Terry, in her capacity as Municipal Contract Specialist, has authority to sign Bid Documents on behalf of Brenntag Mid -South, Inc, Hill, President i Essentials Mid -South State of Kentucky County of Henderson Seal Subscribed and sworn to before me by John T. l fill, personally known to me, on this the 5th day of May, 2023, Sandra L. Littrell, Notary Public My Commission Expires: 1/22126 Brentang Mid -South, Ine. 1405 Ilighway 136 Wesi (42120) PO Box 20 KY424,19-0020 479 a BRENNTAG BRENNTAG MCD SOUTH, INC. 1405 Highway 136 West Henderson, Kentucky 42420-0020 Tel. (270) 830-1200 • Fax (270) 826-1486 CERTIFICATE OF ANALYSIS Caustic Soda 25% Membrane (Sodium Hydroxide Solution 25%) CUSTOMER: PO# ACP0031797 LOT NUMBER: 799514503040-01 DATE ANALYZED: 04/03/23 TANKER No: 50901 DATE SHIPPED: 04/03/23 PARAMETERS ANALYSIS SPECIFICATIONS Specific Gravity @ 60° F 1.281 1.267 — 1.289 NaOH, Wt % by conversion 25.3 24-26% Analyst: Tyler Hill Approved: Brian Debord cc: With Shipment Lab File Direct questions concerning certification of this product to personnel at the location marked below. ❑ Chattanooga, TN 423-821-1535 ❑ Terre Haute, IN 812-234-7757 ❑ Henderson, KY 270-830-1258 ❑ Nitro, WV 304-755-8680 ❑ Orlando, FL 407-857-9310 ❑ St. Louis Chouteau, MO 314-621-5155 ❑ St. Louis, MO 314-832-5010 ❑ Durham, NC 919-596-0681 ❑ Indianapolis, IN 317-898-8632 ❑ Greensboro, NC 317-898-8632 ❑ Kansas City, MO 816-483-9996 Form Approval: jgvL" e&ment6 Form Approval Date: July 24, 2013 C:\RD1\W0RD\C0A\Caustic 25 membrane.DOC "All information provided is believed to be accurate and complete. The data provided is representative of the product quality on the date of analysis forthe lot number indicated. This certificate of analysis may not include all of the constituents of the product. Persons using this information should make their own determination regarding its suitability for their particular application. This certificate of analysis shall not in any way limit or preclude the operation and effect of the applicable terms and conditions of sale." 480 YAYNMVI .�siiPit. BRENNTAG MID -SOUTH, INC. 250 Central Florida Parkway Orlando, Florida 32824 Phone: 407.857.9310 Fax: 407.851.3512 CERTIFICATE OF ANALYSIS SODIUM HYDROXIDE SOLUTION Caustic Soda 50% Commercial Grade CUSTOMER: LOT NUMBER Assay, % NaOH "` 5113 [ ] 306604 523208 Na20 * 55G [ ] 234212 523208 Specific gravity @ 60°F * 1.532 15G [ ] 579950 523208 VENDOR: 700# [ ] 755482 523208 Pass 700# [ 2200# [ ]696258 523208 ]547922 523208 0.0019 0.01 Max 2800# [ ]817798 523208 7.00 Max 3000# [ ]700807 523208 BATCH: 352963 3840# [ ] 900450 523208 3400# [ ]579961 523208 MINI [ ]151088 523208 BULK 666745 523208 DATE RECEIVED: 07/27/23 DATE PACKAGED: 07/27/23 PARAMETERS ANALYSIS SPECIFICATIONS Assay, % NaOH "` 49.96 49.0% — 51.0% Na20 * 38.77 38.0% — 39.5% Specific gravity @ 60°F * 1.532 1.511 — 1.549 Color * Pass Water -White Appearance * Pass Clear Liquid, free of particles NaCl, wt% * 0.0019 0.01 Max Fe, ppm * 1.5 7.00 Max * Values obtained from vendor Certificate of Analysis and/or Product Technical Data Analyst: Approved: Shelf Life: Indefinite Pounds per gallon: 12.7 Certified by the National Sanitation Foundation (NSF) for the ANS//NSF-60 Standard at a maximum use level in drinking water of 200 mg/L. Direct questions concerning certification of this product to personnel at the location marked below. Orlando, FL (407).857.9310 Format Issued: 02/01/06 Format Revised: 08/13/14 Format Approved: JABaldarrama All information provided is believed to be accurate and complete. The data provided is representative of the product quality on the date of analysis for the lot number indicated. This certificate of analysis may not include all of the constituents of the product. Persons using this information should make their own determination regarding its suitability for their particular application. This certificate of analysis shall not in any way lim it or preclude the operation and effect of the applicable terms and conditions of sale. 481 c DtDH [A CI-FEMTEX PVT. LTD. 090 H -T PRWAn..LiMiTEi7 CIN: U24233MMM5FTC15295E Carportlte truce: Sr. No.1001,10 Floor, Fix Taxer, Opp, Aslan ftnts. LBS Marg, Bhandup(w), Murnbm tl=78, Maharashtra, INDIA. www.dodhWgMup,00m 1 email: info@dodhiagoup.com Fax: 022-61166188 Tel No, 022-611661100 Date- 15-02-2023 CERTIFICATE OF ANALYSIS Customer P.Q. No. 17789, DATE -03.01.2023 Invoice No. 222421000384, DATE. 15.02.2023 Product Name & Grade "HI -CLEAR" CALCIUM HYPOCHLORITE •65% MIN Molecular Weight 142.98 g/ml UN No 2880 Lot No. 16-8/007 Packaging Site 45 X 311 DRUMS ON PALLETS Drum No. 1-311 UN PACKING CODE : 11-12/Y 4SN22 IND/171980080 Container No. HLBIJ9322759 Date of Production 09-02-2023 Date of Expiry 08-02-2026 Country Of Origin India Name of Party UNITED MINERAL & CHEMICAL CORP 1% Max 160 CHUBB AVENUE, SUITE 206, Physical Properties LYNDHURST, NJ 07071, USA. TEL:+201.507-3300/FAX:+201-507-1505 Melting Point 175'C Decomposes Solut;ility in Water 21- 22 gm/ 100 ml Solubility in Alcohof Reacts in alcohol �-T ANALYSED BY- AJAY TIWARt f r w- ©ODMIA CHEMTEX PVT. LTD. Or QUALITY CONTROL INCHARGE NAME-NARAYAN SAHU 482 ANALYSIS RESULT Chemical Properties Specification Test Result Available Chlorine Content At the time ofack i 65% MIN. 68% Moisture 5.S TO 10.0% 8.50% Water Insolubie substance(as H2O), 3% Max. 1.80% Calcium Chloride( as CaC12) x. 3%Max 1.10% .Sodium Chibride (as N . 20%Max 12.00% Calcium Carbonate(" as CaCO3) 3%Max 1.30% Calcium Hydroxiclaos Ca(QH)2) 3%Max 1.00% Aluminium Oxide (as AI203 ) 1% Max 0.40% Physical Properties Appearance White Granules Complies Density 1.1-1.3 gm/cc 1.110gm/cc Panicle size ThroughU.S.14 Mesh Min.75.0% Through U.S.100 Mesh 79.00% 7.00%Max.10.0% AMUTY.- AC77VE INGREDIENT LOSS IS 20% MAXIMUM �-T ANALYSED BY- AJAY TIWARt f r w- ©ODMIA CHEMTEX PVT. LTD. Or QUALITY CONTROL INCHARGE NAME-NARAYAN SAHU 482 r D*DHIA TM CHEMTEX PVT. LTD. DCiDN-CHE -PREMAlE_LlMti ED CIN: tl24293NI5PTC152958 Corporate Office: Sr. No. 1001,10 Fina. Fiix Tower, Opp. Asian Paints, Li3S Marg. 8handup(w). Murrbai 4000i'8, Maharashtra, INDIA. www.doftiaq=p.com I email: info@dodhiagmup.corn Fax: 022-61166188 Tel Ne, 022.61166100 Date- 15-02-2023 CERTIFICATE OF ANALYSIS Customer P.O. No. 17789, DATE -03.01.2023 Invoice No. 222421000184, DATE. 15.02.2023 Product Name & Grade "HI -CLEAR" CALCIUM HYPOCHLORITE -65% MIN Molecular Weight 142.98 g/ml UN No 2880 Lot No. 15-8/007 Packaging Size 45 X 311 DRUMS ON PALLETS Drum No, 312-622 UN PACKING CODE. 1H2/Y 48/5/221ND/171980080 Container No. HLBU9315575 Date of Production 10.02.2023 Date of Expiry 09.02.2026 Country Of Origin India Name of Party UNITED MINERAL & CHEMICAL CORP 1% Max 160 CHUBS AVENUE, SUITE 206, Physical Properties r LYNDHURST, NJ 07071, USA. TEL: +201-507-330WFAX:+201 s07-1 sob Melting Point 175 `C Dacorrlpasea Solubility In Water 21- Z2 gm/ 100 ml Solubility in Alcohol Reacts in alcohol For- DODHIA LHEMTEX PVT. LTD. ci.`�E+.Q KUUUS ;-4 ANA ysED BY- ��` - � QUALITY CONTROL INCHARGE MAY TIWARI _' „�% NAME-NARAYAN SAHLI 483 ANALYSIS RESULT Chemical Properties Specification Test Result Available Chlorine Content (At the time of acka in 6596 MIN. 5896 Moisture 5.5 TO 10.0% 8.5096 Water Insoluble substance(as H2O) 3% Max. 1.80% Calcium Chloride( as Cltil2) 3%Max 1.20% Sodium Chloride ( as NaCl) 20%Max 12.00% Calcium Carbonate( as CaCO3) 3%Max 1.20% Calcium Hydroxide(as Ca(OH)Z) 3%Max 1.00% Alurruniurn Oxide (as A1203"1 1% Max 0.53% Physical Properties r Appearance White Granules Complies Density 1.1-1.3 gm/cc 1.110gm/cc Particle size ThroughU.S.14 Mesh Min.75.0% Through U.S.100 Mesh Max -10.0% 79.00% 7.Q496 STABiLfTY: ACTIVE INGREDIENT LOSS IS 10% MAXIMUM For- DODHIA LHEMTEX PVT. LTD. ci.`�E+.Q KUUUS ;-4 ANA ysED BY- ��` - � QUALITY CONTROL INCHARGE MAY TIWARI _' „�% NAME-NARAYAN SAHLI 483 D*DHIA CHEMTEX PVT. LTD. 1. 47DFIlA-9tf6M-T9X, P)iIVATElJAOITED G1N: UZ4233OH2O05PTCISM Corporate Offlice: Sr. No.1001,10 Floor. Filix Tower, Opp, Asian Paints. LSS Marg, Bhandup(w), Mumbai 400078. Maharashtra, INDIA. www.dodhWqro*com/ email: kfa@dodhiagmp.com Fan: 022-61166188 TO No. 022--61166100 Date- 15-02-2023 CERTIFICATE OF ANALYSIS Customer P.O. No. 17789, DATE -03.01.2023 Invoice No. 222421000184, DATE_ 15,02.2023 Product Name & Grade "Hi -CLEAR" CALCIUM HYPOCHLORITE -65% MIN Molecular Weight 142.98 g/ml UN No 2880 Lot Na. 16-B/007 Packaging Size 45 X 311 DRUMS ON PALLETS Drum No, 523-933 UN PACKING CODE: 1H2/Y 48/S/22 IND/171980080 Container No. HLBU953OS82 Date of Production 10.02.2023 Date of Expiry 09.02.2026 Country Of Origin India Name of Party LINMED MINERAL & CHEMICAL CORP 1% Max 160 CHUBS AVENUE, SUITE 205, Physical Proptirties LYNDHURST, Ni 07071, USA. TEL:+201-507-33001FAX:+201.507-1508 Melting Paint 175 •C Decomposes Solubility in Water 21- 22 gm/ 100 mi Saiuhilitu in Alcohol Reacts in alcohol em For- DODHIA CMEMTEX PVT. LTD. �( - KUL)U5 i-+ p \ o, Jti A YSED BY- Q "fO QUALITY CONTROL INCHARGE AJAY TIWARI NAME-NARAYAN SAHU 10 0 484 ANALYSIS RESULT Chernical Properties Specification Test Result Available Chlorine Content (At the time of packaging) 6596 RAIN. fib% Moisture 5.5 TO 10.0% 8.50% Water Insoluble substance(as H2O)` 3% Max. 1.60% Calcium Chloride( as CaCIZ)• 3%Max 1.20% Sodium Chloride (as NaCl) 20%Max 11.00% Calcium Carbonate(as CaCO3) 3%Max 1.20% Calcium Hydroxide(as Ca(OH)2) 3%utas 1.00% Aluminium Oxide (as AQO3 1% Max 0.60% Physical Proptirties Appearance White Granules Complies Density 1.1-1.3 gm/cc 1.11agm/cc Particle size Thro4hU.S.14 Mesh Min.75.0% Through U.S-100 Mesh Max.10.0% 79.00% 7.00% STARIL17Y . ACTIVE #j6REDIENT LOSS LS 10M MAXIMUM em For- DODHIA CMEMTEX PVT. LTD. �( - KUL)U5 i-+ p \ o, Jti A YSED BY- Q "fO QUALITY CONTROL INCHARGE AJAY TIWARI NAME-NARAYAN SAHU 10 0 484 s D*DHIA TM CHEMTEX PVT. LTD. C1QOlilA cFfEAt-T . !�rE. Nlj CIN: 1.1242331rr€2005KCIUM Corporate Office: Sr No, 1001,10 Floor. Fib Tower, Opp. Asian Paints, LBS Mfg, Bhandup(w), Mumbai 400078, Maharashtra, INDIA, www.dodhiagroup.coi" l email: info@doftagroup can Fax- 022-61166188 Tel No, 022-61166100 Date- 15-02-2023 CERTIFICATE OF ANALYSIS Customer P.D. No. 17789, DATE -03.01.2023 Invoice No. 222421000184, DATE. 15.02.2023 Product Name & Grade "HI -CLEAR" CALCIUM HYPOCHLORITE -65% MIN Molecular Weight 142.98 g/ml UN No 2880 Lot No. 16-B/007 Packaging Size 45 X 311 DRUMS ON PALLETS Drum No, 934-12" UN PACKING CODE: 1H2/Y 48/5/22 IN D/171980080 Container No. HLXUVSS273 Date of Production 11.02.2023 Date of Expiry 10.02.2026 Country Of Origin India Name of Party UNITED MINERAL & CHEMICAL CORP 1% Max 160 CHUSH AVENUE, SUITE 206, Physical Properties LYNDHURST, NI 07071, USA, TEL; +201-507-33WFAX;+201-507-1506 Melting Point 175 -C Decompoaea Solubility in Water 21- 22 gm/ 140 ml Solubility in Alcohol Reacts in alcohol YAYSEID BY - MAY TIWARI t Eld For- L10OIiIA LKEPA IGC PYT. rD. �( KtJL)US s—+ QUALITY CONTROL INCHARGE NAME-NARAYAN SAHU 485 ANALYSIS RESULT Chemical Properties Specification Test Result Available Chlorine Content At the time of packaging) 65% MIN. 68% Moisture S.5 TO 10.0% 9.00% Water Insoluble substance(as H2O) 3% Max. 2.30% Calcium Chloride( as CaCl2) 3%Max 1.80% Sodium Chloride as NaCl 20%Max 13.00% Calcium Carbonate( as CaCO3 3%Max 1.20% Calcium Hydroxidelas Ca(4)H)2) 3%Max 1.60% Aluminium Oxide (as A1203 1% Max 0.80% Physical Properties Appearance White Granules Complies Density 1.1-1.3 gm/oc 1.110gm/cc Particle size ThroughU.S.14 Mesh Min.75.0% Through U,S.100 Mesh lMax.10.0% 79.110% 7.00% ISTABIL17Y. AC77VE INGREDIENT LOSS IS 1091f MAXIMUM YAYSEID BY - MAY TIWARI t Eld For- L10OIiIA LKEPA IGC PYT. rD. �( KtJL)US s—+ QUALITY CONTROL INCHARGE NAME-NARAYAN SAHU 485 TM DtDHIA CHEhiTEX PVT. LTD. C1Qf)WIA CHI iYt-TEX PRIVATE LlfrrllTEU CIN: U24233NH21145PTC152@58 Corporate Offlrw: Sr. No. 1001,10 Floor, Filix Tower. Opp.. Asian Paints, LBS Marg, 8handup(w), Mumbai 400078, Maharashtra, INDIA, www.dodh oup.corn I small: info@dodhiagroup corn Fax: 022.61166188 Tel No. 022-61166100 Date -15.02-2023 CERTIFICATE OF ANALYSIS Customer P.O. No. 17789, DATE -03.01.2023 Invoice No. 222421000184, HATE. 15.02.2023 PtoducE Name & Grade "HI -CLEAR" CALCIUM HYPOCHLORITE -65% MIN Molecular Weight 142.98 glml UN No 2880 Lot No. 16-8/007 Packaging Size 45 K 311 DRUMS ON PALLETS Drum No. 1245-1555 UN PACKING CODE: 1H2/Y 4815/22 IND/171980080 Container No. UACU4804690 Date of Production 11.02.2023 Date of Expiry 10.02.2026 Country Of Origin India Name of Party UNITED MINERAL & CHEMICAL CORP 160 CHUBS AVENUE, SUITE 206, 1.20% LYNDHUP4T, NJ 07071, USA. TEL; +201-507-33001FAk+241-507-1506 Melting Point 175 "C Decomposes Solubility in Water 21- 22 gm/ 100 mi Solubiiitv In Alcnhal Reacts in -I-- al 14-1 ANAL ED BY- AIAY TIWARI r or- UUUMIA cr1€M F to FIff. LTV. KlJuus �-� QUALITY CONTROL INCHARGE NAME-NARAYAN SAHLI 486 ANALYSIS RESULT Chemical Properties Specification Test Result Available Chlorine Content (At the time of packaging) 65% MIN. 69% Moisture 5.5 TO 10.0% 9.00% Water insoluble substance(as H20) 3% Max. 2.30% Calcium Chloride( as CaC121 3%Max 1.80% 5odium Cliloride ( a9.N6C1) 20%Max 13.00% Calcium Carbonate( as CaCO3) 3%Max 1.20% Calcium Hydroxide(as Ca(OH)2) 3%Max 1.50% Aluminium Oxide (as A1203 j 1% Max D.60% Ph i Properties Appearance White Granules Complies Density 1.1 -1.3 gm/cc 1.110gm/cc Particle size ThroughU.S.14 Mesh Min.75.0% 79.00% Through US -100 Mesh Max.10.0% 7.0096 STAB)LITY: ACTIVE INGREDIENT L= IS 20% M"MUM 14-1 ANAL ED BY- AIAY TIWARI r or- UUUMIA cr1€M F to FIff. LTV. KlJuus �-� QUALITY CONTROL INCHARGE NAME-NARAYAN SAHLI 486 Westlake Chemicals & Vinyls LLC 1 of 1 Quality Certificate of Analysis BRENNTAG MID SOUTH Ship Date Delivery Item. 3520 ADAMO DR 06/07/2023 85439528-900001 TAMPA FL 33605 PO No. Shipment 34.7 338516 20932321 BRENNTAG MID -SOUTH, INC. Order No. Net Wt ATTN: Accounts Payable 2238195-000010 38,880.000 LB P.O. BOX 20 Customer dumber HENDERSON KY 42420 21811 Plant: Natrium Customer Contact: Material: W8004313 ACCUTAB Si 60 LB PAIL Batch: 007327 MFG DATE: Package Qty: 240 PL Property Unit Value Lower Limit Upper Limit Method Available Chlorine %wt 66.10 65,00 71,00 Height MM 33.5 32.5 34.7 Moisture %Wt 7.2 5.5 8.5 Weight g 328.0 310.0 340.0 Material Sales Text Seal No: 37758746 NSFIANSIICAN 60 Drinking Water Treatment Chemicals -This product is certiFled to NSFIANSIICAN Standard 60, Drinking Water Treatment ;,hemicais - Health Effects. The maximum use level for potable water is 15 mg/L. The test results herein are belkved to be accurate but are laboratory tests based on limited sampling which do not neaessaray simulate actual use eondldons. The shOP&d goods are delivered in 8teirpmsent condthon as is without warrant. NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANYKIND ARE MADEANO WESTLAKE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE. Westlake shell not be liable for any vas or handling or any matenrl beyond Westlake's direct control, Date : 06/12/2023 Time: 14:29:07 Required Signature -mC� Connecting Chemistry B BRENNTAG CERTIFICATE OF TANK ANALYSIS PRODUCT CODE: 813540 TANKS: B20-3, B20-4, B206 PRODUCT IDENTITY: CHEM BLEACH SYNONYMS: SODIUM HYPOCHLORITE 10% TANK ANALYSIS DATE: July 31, 2023 TANK LOTS: 813540333212TANK DRUM LOTS: PHYSICAL PROPERTY SPECIFICATIONS RESULTS Appearance Greenish/Yellowish PASS Specific Gravity @ 60°F 1.15 min PASS Sodium Hypochlorite (wt%) 10.0 min PASS Available Chlorine (wt%) 10.22 min PASS Available Chlorine (g/L) 120 min PASS Excess Caustic (wt%) 0.20-1.0 PASS QA/QC Brenntag Mid -South, Inc. 5200 Stillwell Road Kansas City, MO 64120 M:: T --111W SAFETY DATA SHEET 1. Identification Other means of identification None known. Product identifier SODIUM HYDROXIDE 25% MEM Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid -South, Inc. Address 1405 Highway 136, West Henderson, KY 42420 Telephone 270-830-1222 E-mail Not available. Emergency phone number 800-424-9300 CHEMTREC 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Response Storage Disposal Not classified. Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation Not classified. Not classified. Danger Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Do not breathe mist/vapors. Wash thoroughly after handling. Use only outdoors or in a well -ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison center/doctor. Wash contaminated clothing before reuse. Store in a well -ventilated place. Keep container tightly closed. Store locked up. Dispose of contents/container in accordance with local/regional/national/international regulations Hazard(s) not otherwise None known. classified (HNOC) Supplemental information 25% of the mixture consists of component(s) of unknown acute oral toxicity. 75% of the mixture consists of component(s) of unknown acute inhalation toxicity. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % SODIUM HYDROXIDE (NA(OH)) 1310-73-2 25 Other components below reportable levels 75 Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 1 /7 489 4. First-aid measures Inhalation Skin contact Eye contact Ingestion Most important symptoms/effects, acute and delayed Indication of immediate medical attention and special treatment needed General information Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a poison center or doctor/physician if you feel unwell. Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Call a physician or poison control center immediately. Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including blindness could result. May cause respiratory irritation. Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water immediately. While flushing, remove clothes which do not adhere to affected area. Call an ambulance. Continue flushing during transport to hospital. Keep victim under observation. Symptoms may be delayed. If you feel unwell, seek medical advice (show the label where possible). Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipmentlinstructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist/vapors. Do not emergency procedures touch damaged containers or spilled material unless wearing appropriate protective clothing. industrial hygiene practices. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be Store locked up. Store in tightly closed container. Store away from incompatible materials (see contained. For personal protection, see section 8 of the SDS. Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is containment and cleaning up possible. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 2/7 490 Never return spills to original containers for re -use. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not breathe mist/vapors. Do not get in eyes, on skin, or on clothing. Avoid prolonged exposure. Provide adequate ventilation. Wear appropriate personal protective equipment. Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in tightly closed container. Store away from incompatible materials (see including any incompatibilities Section 10 of the SDS). Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 2/7 490 8. Exposure controls/personal protection Occupational exposure limits Respiratory protection US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type Value SODIUM HYDROXIDE PEL 2 mg/m3 (NA(OH)) (CAS 1310-73-2) US. ACGIH Threshold Limit Values Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Liquid. US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) pH Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation should be used. Ventilation rates should be matched to conditions. If controls applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been Not available. established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment The following are recommendations for Personnel Protective Equipment (PPE). The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use while performing any task involving potential exposure to this product. Eye/face protection Chemical respirator with organic vapor cartridge and full facepiece. Skin protection Hand protection Wear appropriate chemical resistant gloves. Other Wear appropriate chemical resistant clothing. Respiratory protection Chemical respirator with organic vapor cartridge and full facepiece. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color CLEAR TO HAZY Odor ODORLESS Odor threshold Not available. pH 14 Melting point/freezing point -1 °F (-18.33 °C) Initial boiling point and boiling 791.6 °F (422 °C) estimated range Flash point Not available. Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit - lower Not available. M Flammability limit - upper Not available. M Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 3/7 491 Explosive limit - lower (%) Not available. Explosive limit - upper (%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Partition coefficient (n-octanol/water) Auto -ignition temperature Decomposition temperature Viscosity Other information Density Explosive properties Oxidizing properties Percent volatile Specific gravity 10. Stability and reactivity Reactivity Chemical stability Possibility of hazardous reactions Conditions to avoid Incompatible materials Hazardous decomposition products Not available. Not available. Not available. Not available. Not available. 10.66 lbs/gal 1.28 g/ml Not explosive. Not oxidizing. 75 % estimated 1.28 The product is stable and non-reactive under normal conditions of use, storage and transport. Material is stable under normal conditions. Hazardous polymerization does not occur. Contact with incompatible materials. Strong acids. No hazardous decomposition products are known. 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may physical, chemical and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including toxicological characteristics blindness could result. May cause respiratory irritation. Information on toxicological effects Acute toxicity Not known. Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Due to partial or complete lack of data the classification is not possible. Skin sensitization Due to partial or complete lack of data the classification is not possible. Germ cell mutagenicity Due to partial or complete lack of data the classification is not possible. Carcinogenicity Due to partial or complete lack of data the classification is not possible. IARC Monographs. Overall Evaluation of Carcinogenicity Not listed. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 4/7 492 LIS. National Toxicology Program (NTP) Report on Carcinogens Not listed. Reproductive toxicity Specific target organ toxicity - single exposure Specific target organ toxicity - repeated exposure Aspiration hazard Chronic effects 12. Ecological information Ecotoxicity Components Due to partial or complete lack of data the classification is not possible. May cause respiratory irritation. Due to partial or complete lack of data the classification is not possible. Due to partial or complete lack of data the classification is not possible. Prolonged inhalation may be harmful. The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Species Test Results SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Aquatic Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59 - 47.13 mg/I, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Incinerate the 14. Transport information DOT LIN number material under controlled conditions in an approved incinerator. Dispose of contents/container in LIN proper shipping name accordance with local/regional/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code D002: Waste Corrosive material [pH <=2 or =>12.5, or corrosive to steel] Subsidiary risk The waste code should be assigned in discussion between the user, the producer and the waste Packing group disposal company. Waste from residues / unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: from that listed. Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is LIN number emptied. Empty containers should be taken to an approved waste handling site for recycling or LIN proper shipping name disposal. 14. Transport information DOT LIN number UN1824 LIN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Special precautions for user Read safety instructions, SDS and emergency procedures before handling. ERG number 154 Transport information on packaging may be different from that listed. Transportation information on packaging may be different from that listed. IATA LIN number UN1824 LIN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 5/7 493 Environmental hazards No. ERG Code 154 Special precautions for user Read safety instructions, SDS and emergency procedures before handling. IMDG UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION (SODIUM HYDROXIDE (NA(OH))) Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards Marine pollutant No. EmS F -A, S -B Special precautions for user Read safety instructions, SDS and emergency procedures before handling. DOT IATA; IMDG 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. Toxic Substances Control Act (TSCA) TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 3111312 Hazardous Yes chemical Classified hazard Skin corrosion or irritation categories Serious eye damage or eye irritation Specific target organ toxicity (single or repeated exposure) Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 6/7 494 SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPS) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SD WA) US state regulations California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For more information go to www.P65Warnings.ca.gov. US. California. Candidate Chemicals List. Safer Consumer Products Regulations (Cal. Code Regs, tit. 22, 69502.3, subd. (a)) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) International Inventories Country(s) or region Inventory name On inventory (yes/no)'° Australia Australian Inventory of Chemical Substances (AICS) Yes Canada Domestic Substances List (DSL) Yes Canada Non -Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) No Japan Inventory of Existing and New Chemical Substances (ENCS) Yes Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory (TCSI) Yes United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes `A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country($) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 05-10-2016 Revision date 07-27-2021 Version # 15 HMIS® ratings Health: 3 Flammability: 0 Physical hazard: 0 NFPA ratings Health: 3 Flammability: 0 Instability: 1 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding, and assumes no liability for, the accuracy or completeness of the information. The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal, state, and local law. This SDS shall not in any way limit or preclude the operation and effect of any of the provisions of Brenntag's terms and conditions of sale. Material name: SODIUM HYDROXIDE 25% MEM sos us 674985 Version #: 15 Revision date: 07-27-2021 Issue date: 05-10-2016 7/7 495 B BRENNTAG SAFETY DATA SHEET 1. Identification Other means of identification None known. Product identifier SODIUM HYDROXIDE 50% DIA Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid -South, Inc. Address 1405 Highway 136, West Telephone E-mail Emergency phone number 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Response Storage Disposal Hazard(s) not otherwise classified (HNOC) Supplemental information Henderson, KY 42420 270-830-1222 Not available. 800-424-9300 CHEMTREC Not classified. Acute toxicity, oral Skin corrosion/irritation Serious eye damage/eye irritation Specific target organ toxicity, single exposure Not classified. Not classified. Category 3 Category 1 Category 1 Category 3 respiratory tract irritation Danger Toxic if swallowed. Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Avoid breathing mist/vapors. Wash thoroughly after handling. Do not eat, drink or smoke when using this product. Use only outdoors or in a well -ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. If swallowed: Immediately call a poison center/doctor. Rinse mouth. If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with waterlshower. Wash contaminated clothing before reuse. If inhaled: Remove person to fresh air and keep comfortable for breathing. Immediately call a poison center/doctor. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Store in a well -ventilated place. Keep container tightly closed. Store locked up. Dispose of contents/container in accordance with local/regional/national/international regulations. None known. None. 3. Composition/information on ingredients Mixtures Material name: SODIUM HYDROXIDE 50% DIA sus us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 1 /7 496 Chemical name Common name and synonyms CAS number % SODIUM HYDROXIDE (NA(OH)) 1310-73-2 50-60 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a poison center or doctor/physician if you feel unwell. Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Call a physician or poison control center immediately. Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Do not use mouth-to-mouth method if victim ingested the substance. Induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may symptomsleffects, acute and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including delayed blindness could result. May cause respiratory irritation. Indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water medical attention and special immediately. While flushing, remove clothes which do not adhere to affected area. Call an treatment needed ambulance. Continue flushing during transport to hospital. Keep victim warm. Keep victim under observation. Symptoms may be delayed. General information If you feel unwell, seek medical advice (show the label where possible). Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. Show this safety data sheet to the doctor in attendance. 5. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipmentlinstructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Avoid breathing mist/vapors. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is containment and cleaning up possible. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re -use. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not get in eyes, on skin, or on clothing. Do not taste or swallow. Avoid breathing mist/vapors. Avoid prolonged exposure. When using, do not eat, drink or smoke. Provide adequate ventilation. Wear appropriate personal protective equipment. Wash hands thoroughly after handling. Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in tightly closed container. Store away from incompatible materials (see including any incompatibilities Section 10 of the SDS). Material name: SODIUM HYDROXIDE 50% DIA sus us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 2/7 497 8. Exposure controls/personal protection Occupational exposure limits Hand protection US. OSHA Table Z-1 Permissible Exposure Limits (PEL) for Air Contaminants (29 CFR 1910.1000) Components Type Value SODIUM HYDROXIDE PEL 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Keep away from food and drink. Always observe good personal hygiene measures, such as considerations US. ACGIH Threshold Limit Values (TLV) work clothing and protective equipment to remove contaminants. Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Color CLEAR NIOSH. Immediately Dangerous to Life or Health (IDLH) Values, as amended Components Type Value SODIUM HYDROXIDE IDLH 10 mg/m3 (NA(OH)) (CAS 1310-73-2) US. NIOSH: Pocket Guide to Chemical Hazards Recommended Exposure Limits (REL) Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation should be used. Ventilation rates should be matched to conditions. If controls applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment The following are recommendations for Personnel Protective Equipment (PPE). The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use while performing any task involving potential exposure to this product. Eyelface protection Wear safety glasses with side shields (or goggles) and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Other Wear appropriate chemical resistant clothing. Use of an impervious apron is recommended. Respiratory protection Chemical respirator with organic vapor cartridge. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Keep away from food and drink. Always observe good personal hygiene measures, such as considerations washing after handling the material and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color CLEAR Odor ODORLESS Odor threshold pH Melting point/freezing point Initial boiling point and boiling range Flash point Evaporation rate Flammability (solid, gas) Not available. 14 14 41 °F (5 °C) 1371.2 °F (744 °C) estimated Not available. Not available. Not applicable. Material name: SODIUM HYDROXIDE 50% DIA sus us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 3/7 498 Upper/lower flammability or explosive limits Explosive limit - lower (%) Not available. Explosive limit - upper (%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Not available. Partition coefficient Not available. (n-octanollwater) Auto -ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 12.76 lbs/gal 1.53 g/ml Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 50 % estimated Specific gravity 1.53 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact with incompatible materials. Incompatible materials Strong acids. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Toxic if swallowed. Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may physical, chemical and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including toxicological characteristics blindness could result. May cause respiratory irritation. Information on toxicological effects Acute toxicity In high concentrations, vapors are anesthetic and may cause headache, fatigue, dizziness and central nervous system effects. Toxic if swallowed. Product SODIUM HYDROXIDE 50% DIA Acute Dermal ATEmix Oral ATEmix Species Material name: SODIUM HYDROXIDE 50% DIA 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 Test Results 2700 mg/kg bw 280 mg/kg bw SDS us 4/7499 Components Species Test Results SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Acute Dermal LD50 Rabbit Oral LD50 Rat Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damage/eye Causes serious eye damage. irritation Respiratory or skin sensitization 1350 mg/kg 140 - 340 mg/kg Respiratory sensitization Due to partial or complete lack of data the classification is not possible. Skin sensitization Due to partial or complete lack of data the classification is not possible. Germ cell mutagenicity Due to partial or complete lack of data the classification is not possible. Carcinogenicity Due to partial or complete lack of data the classification is not possible. IARC Monographs. Overall Evaluation of Carcinogenicity Not listed. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. US. National Toxicology Program (NTP) Report on Carcinogens Not listed. Reproductive toxicity Due to partial or complete lack of data the classification is not possible. Specific target organ toxicity - May cause respiratory irritation. single exposure Specific target organ toxicity - Due to partial or complete lack of data the classification is not possible. repeated exposure Aspiration hazard Due to partial or complete lack of data the classification is not possible. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59 - 47.13 mg/I, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Dispose of this material and its container to hazardous or special waste collection point. Incinerate the material under controlled conditions in an approved incinerator. Dispose of contents/container in accordance with local/regional/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code D002: Waste Corrosive material [pH :52 or=>12.5, or corrosive to steel] The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Material name: SODIUM HYDROXIDE 50% DIA sus us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 5/7 5OO Waste from residues ! unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION RQ Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards Marine pollutant No. Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Transport information on packaging may be different from that listed. Transportation information on packaging may be different from that listed. DOT 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. Toxic Substances Control Act (TSCA) TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 3111312 Hazardous Yes chemical Classified hazard Acute toxicity (any route of exposure) categories Skin corrosion or irritation Serious eye damage or eye irritation Specific target organ toxicity (single or repeated exposure) SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPS) List Not regulated. Material name: SODIUM HYDROXIDE 50% DIA sus us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 617 501 Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US. California. Candidate Chemicals List. Safer Consumer Products Regulations (Cal. Code Regs, tit. 22, 69502.3, subd. (a)) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For more information go to www.P65Warnings.ca.gov. International Inventories Country(s) or region Inventory name On inventory (yes/no)* Australia Australian Inventory of Industrial Chemicals (AICIS) Yes Canada Domestic Substances List (DSL) Yes Canada Non -Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) No Japan Inventory of Existing and New Chemical Substances (ENCS) Yes Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory (TCSI) Yes United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 05-04-2016 Revision date 07-27-2023 Version # 51 HMISO ratings Health: 3 Flammability: 0 Physical hazard: 0 NFPA ratings Health: 3 Flammability: 0 Instability: 1 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding, and assumes no liability for, the accuracy or completeness of the information. The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal, state, and local law. This SDS shall not in any way limit or preclude the operation and effect of any of the provisions of Brenntag's terms and conditions of sale. Revision information This document has undergone significant changes and should be reviewed in its entirety. Material name: SODIUM HYDROXIDE 50% DIA sns us 666745 Version #: 51 Revision date: 07-27-2023 Issue date: 05-04-2016 7/7 502 SAFETY DATA SHEET SECTION 1 - IDENTIFICATION PRODUCT NAME: HI -CLEAR TM, EPA Reg. No. 92704-1 MAUNUFACTURER: DODHIA CHEM-TEX PVT. LTD. Office No. 1001, 1011 Floor, Filix Tower, Mumbai - 400078, Maharashtra India DISTRIBUTOR: UNITED MINERAL & CHEMICAL CORPORATION 1 60 Chubb Ave, Ste. 206, Lyndhurst, NJ 07071 Tel: 201-507-3300 ■ Fax: 201-507-1506 ■ E -Mail: inquiry@umccorp.com www.umccorp.com US D.O.T. / UN NAME: UN 2880 CALCIUM HYPOCHLORITE, HYDRATED, 5.1, PG II EMERGENCY TELEPHONE NOS.: RECOMMENDED USES: WATER TREATMENT USA-CHEMTREC: 1-800-424-9300 USE RESTRICTIONS: MIX ONLY WITH WATER OUTSIDE USA: +1 703-527-3887 MEDICAL: POISON CENTER: 1-800-222-1222 SECTION 2 - HAZARD IDENTIFICATION Hazards Identification Classification of the substance or mixture Classification according to REGULATION (EC) No 1272/2008) [CLP/GHS] and U.S. OSHA 1920.1200 < >< > Oxidizing Solids Cat. 2, H272 Acute Toxicity (oral) Cat. 4, H302 , H336 Skin Corrosion Cat. 1 B, H314 Specific Target Organ Toxicity, single exposure, Cat. 3 (inhalation) - Respiratory System H335 Aquatic Toxicity Acute Cat.1, H400 Signal Word: Danger Symbols: GHS03, GHS05, GHS07, GHS09 Hazard phrases May intensify fire; oxidizer. Harmful if swallowed. Causes severe skin burns and eye damage. Very toxic to aquatic life. May cause respiratory irritation May cause drowsiness or dizziness Contact with acids liberates toxic gas (EUH 031) Warning! Do not use together with other products. May release dangerous gases (chlorine). Precautionary Phrases Store locked up / do not store with combustibles / keep out of reach of children / keep container closed. Wash hands thoroughly after handling. Do not eat, drink, or smoke while using this product. Do not breathe dusts or mists. Use only outdoors or in well ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. Keep away from heat, hot surfaces, open flames, sparks, and other ignition sources. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF INHALED — remove to fresh air and keep comfortable for breathing. IF SWALLOWED: rinse mouth. Do NOT induce vomiting. Call a poison control center or doctor, if victim feels unwell. IF ON SKIN (or hair) — remove contaminated clothing. Rinse with water / shower. Wash contaminated clothing before re -use. IF exposed or concerned: Get medical advice/attention. -Avoid release to the environment. Collect spillage. Other hazards - Marine pollutant 503 N/A = NOT APPLICABLE PRODUCT: HI -CLEAR TM Page -2- Date : JUNE 1, 2018 DISPOSAL: DISPOSE OF CONTENTS/CONTAINER IN ACCORDANCE WITH ALL LOCAL, REGIONAL, NATIONAL INTERNATIONAL REGULATIONS. OTHER HAZARDS / U.S. - HAZARDS NOT OTHERWISE CLASSIFIED 1 UN GHS - OTHER HAZARDS WHICH DO NOT RESULT IN CLASSIFICATION: NOTE THE FOLLOWING EFFECTS IF PROCESSING TO A DUST, MIST, OR FUME - MAY IRRITATE THE SKIN, NOSE, THROAT, AND RESPIRATORY SYSTEM. SECTION 3 — COMPOSITION / INFORMATION ON INGREDIENTS CHEMICAL COMPOSITION: COMPONENTS: CAS NO. % CALCIUM HYPOCHLORITE 7778-54-3 60-80 SODIUM CHLORIDE 7647-14-5 10-20 CALCIUM CHLORIDE 10043-52-4 0-5 CALCIUM HYDROXIDE 1305-62-0 0-4 CALCIUM CARBONATE 471-34-1 0-5 CALCIUM CHLORATE 10137-74-3 0-5 WATER (AS MOISTURE) 7732-16-5 5.5-10 SECTION 4 — FIRST AID MEASURES FIRST AID/ RESPONSE FIRST AID RESPONDERS SHOULD WEAR PERSONAL PROTECTIVE EQUPMENT SKIN: IF ON SKIN: PROMPTLY WASH OFF WITH SOAP & WATER. REMOVE CONTAMINATED CLOTHING. GET MEDICAL ADVICE/ATTENTION IF IRRITATION OCCURS. WASH CONTAMINATED CLOTHING BEFORE REUSE. EYES: IF IN EYES: RINSE CAUTIOUSLY WITH WATER FOR SEVERAL MINUTES. REMOVE CONTACT LENSES, IF PRESENT AND EASY TO DO. CONTINUE RINSING. GET MEDICAL ADVICE/ATTENTION IF IRRITATION OCCURS. INHALATION: IF INHALED: REMOVE VICTIM TO FRESH AIR AND KEEP AT REST IN A POSITION COMFORTABLE FOR BREATHING. CALL A POISON CENTER OR DOCTOR/PHYSICIAN IF YOU FEEL UNWELL. INGESTION: IF SWALLOWED: RINSE MOUTH WITH WATER, THEN DRINK WATER TO DILUTE. INDUCE VOMITING ONLY UNDER THE DIRECTION OF MEDICAL PERSONNEL. NEVER GIVE ANYTHING BY MOUTH IF THE VICTIM IS UNCONSCIOUS. GET MEDICAL ADVICE/ATTENTION IF INGESTED IN QUANTITY OR IF EXPOSED PERSON FEELS UNWELL. MOST IMPORTANT SYMPTOMS/EFFECTS, ACUTE AND DELAYED CONTACT WITH EYES MAY CAUSE IRRITATATION AND SERIOUS EYE DAMAGE. CONTACT WITH SKIN MAY CAUSE IRRITATION. PROLONGED OR REPEATED OVEREXPOSURE MAY CAUSE DERMATITIS / SKIN SENSITIZATION. INHALATION OF DUST OR PROCESSING FUMES MAY CAUSE RESPIRATORY IRRITATION, MUCOUS SECRETION OR INFLAMMATION. INDICATION OF IMMEDIATE MEDICAL ATTENTION AND SPECIAL TREATMENT NEEDED, IF NECESSARY IF EXPOSED OR CONCERNED: GET MEDICAL ADVICE/ATTENTION PERSONAL PRECAUTIONS: WEAR FULL PROTECTIVE EQUIPMENT (SEE SECTION 8). KEEP UNPROTECTED PERSONNEL OUT OF THE AREA. KEEP AWAY FROM HIGH HEAT AND ALL SOURCES OF IGNITION. CONTROL DUST CREATION AND CLOUD FORMATION TO PREVENT POSSIBLE DUST/AIR EXPLOSION HAZARD. PROPERLY GROUND ALL HANDLING/PROCESSING EQUIPMENT. ENVIRONMENTAL PRECAUTIONS: AVOID RELEASE TO SEWERS AND THE ENVIRONMENT. DISPOSE OF PROPERLY VIA LICENSED CHEMICAL WASTEHAULER. METHODS AND MATERIAL FOR CONTAINMENT AND CLEAN UP: VACUUM OR SCOOP INTO A PROPERLY LABELED CONTAINER AND SEAL. AVOID GENERATING DUST. N/A = NOT APPLICABLE 504 SECTION 5 — FIRE FIGHTING MEASURES SUITABLE EXTINGUISHING MEDIA: WATER: (x) FOAM: () CO2: 0 DRY CHEMICAL: Q DO NOT USE DRY EXTINGUISHERS CONTAINING AMMONIUM COMPOUNDS, SUCH AS DRY POWDER. SPECIFIC HAZARDS IN CASE OF FIRE: SEE SECTION 10. EXPOSURE TO DECOMPOSITION PRODUCTS MAY CAUSE HAZARD TO HEALTH. PRODUCT IS OXIDIZING AND CORROSIVE. SPECIAL PROTECTIVE EQUIPMENT & PRECAUTION FOR FIRE FIGHTERS: IN CASE OF FIRE INVOLVING THIS MATERIAL, DO NOT ENTER THE FIRE AREA WITHOUT FULL PROTECTIVE GEAR/EQUIPMENT INCLUDING SELF-CONTAINED BREATHING APPARATUS. SECTION 6 — ACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: WEAR FULL PROTECTIVE EQUIPMENT (SEE SECTION 8). KEEP UNPROTECTED PERSONNEL OUT OF THE AREA. KEEP AWAY FROM HIGH HEAT AND ALL SOURCES OF IGNITION. CONTROL DUST CREATION AND CLOUD FORMATION TO PREVENT POSSIBLE DUST/AIR EXPLOSION HAZARD. PROPERLY GROUND ALL HANDLING/PROCESSING EQUIPMENT. ENVIRONMENTAL PRECAUTIONS: AVOID RELEASE TO SEWERS AND THE ENVIRONMENT. DISPOSE OF PROPERLY VIA LICENSED CHEMICAL WASTEHAULER. METHODS AND MATERIAL FOR CONTAINMENT AND CLEAN UP: VACUUM OR SCOOP INTO A PROPERLY LABELED CONTAINER AND SEAL. AVOID GENERATING DUST. N/A = NOT APPLICABLE 504 PRODUCT: HI -CLEAR TM Page -3- Date : JUNE 1, 2018 SECTION 7 — HANDLING & STORAGE PRECAUTIONS FOR SAFE HANDLING: AVOID BREATHING DUST AND CONTACT WITH SKIN & EYES. WEAR FULL PROTECTIVE EQUIPMENT (SEE SECTION 8). USE WITH ADEQUATE VENTILATION. AVOID SCATTERING INTO THE AIR. AVOID RELEASE TO THE SEWER SYSTEM. EMPLOY GOOD HOUSEKEEPING TECHNIQUES TO CONTROL DUST BUILD-UP ON EQUIPMENT AND WORK AREA. AVOID DUSTING IN AREAS OF FLAME, SPARKS, & STATIC BUILDUP. PROPERLY GROUND PROCESSING/ HANDLING EQUIPMENT. WASH THOROUGHLY AFTER HANDLING. CONDITIONS FOR SAFE STORAGE, INCLUDING INCOMPATIBILITIES: STORE IN A SEALED CONTAINER IN A COOL, DRY, WELL -VENTILATED AREA. STORE AWAY FROM OTHER MATERIALS. KEEP ONLY IN ORIGINAL CONTAINERS. SECTION 8 — EXPOSURE CONTROLS / PERSONAL PROTECTION CONTROL PARAMETERS: EXPOSURE LIMITS: U.S. OSHA PEL: NONE ESTABLISHED FOR PRODUCT U.S. ACGIHTLV: Calcium Hydroxide, CAS RN: 1305-2-0 — 5 mg/cubic meter, TWA 8 -hr, ACGIH APPROPRIATE ENGINEERING CONTROLS: USE LOCAL/ MECHANICAL EXHAUST PROTECTIVE ACTION CRITERIA (PAC) REV. 27 -- CHEMICALS WITH AEGL'S, ERPG'S, OR TEEL'S (FEB 2012) CAS RN: 7778-5-3 Name: Calcium hypochlorite; (Calcium oxychloride) PAC -1 is: 2.8 mg/m3. PAC -2 is: 31 mg/m3. PAC -3 is: 170 mg/m3. Unit: mg/m3 mg/m3. PERSONAL PROTECTIVE EQUIPMENT: RESPIRATORY PROTECTION: IF USING WITHOUT ADEQUATE VENTILATION, USE NIOSH APPROVED RESPIRATOR WITH SUITABLE CARTRIDGES PER OSHA RESPIRATORY STANDARD (20 CFR 1910.134). HAND PROTECTION: USE CHEMICAL RESISTANT GLOVES (RUBBER, PVC) EYE PROTECTION: SAFETY GOGGLES OR GLASSES WITH SIDE SHIELDS OR FULL FACE SHIELD; ACCESS TO AN EYEWASH FOUNTAIN OTHER PROTECTIVE EQUIPMENT: LABCOAT; COVERALLS TO PROTECT SKIN; ACCESS TO A SAFETY DRENCH SHOWER SECTION 9- PHYSICAL AND CHEMICAL PROPERTIES APPEARANCE: WHITE GRANULES FLAMMABLE LIMITS: LELA UEL: (N/A) ODOR: CHLORINE -LIKE VAPOR PRESSURE (mm Hg) : N/A ODOR THRESHOLD : N/A VAPOR DENSITY (AIR=1) : N/A pH (1% IN WATER) : 10-12 RELATIVE DENSITY/SPECIFIC GRAVITY: 1.1 — 1.3 gr/cubic cm MELTING POINT / FREEZING POINT (C): 180 C SOLUBILITY IN WATER (@)20'C): 20 gr/L BOILING POINT (C) : N/A PARTITION COEFFICIENT(n-oCTANouWATER) : NO DATA AVAILABLE FLASH POINT ('F): N/A AUTO IGNITION TEMP. (IC): N/A EVAPORATION RATE: NO DATA AVAILABLE DECOMPOSITION TEMP.: 180 C FLAMMABILITY: NO DATA AVAILABLE VISCOSITY: N/A SECTION 10 — STABILITY AND REACTIVITY CHEMICAL STABILITY: STABLE WHEN STORED IN SEALED PACKAGE UNDER RECOMMENDED STORAGE CONDITIONS POSSIBILITY OF HAZARDOUS REACTIONS: STRONG OXIDIZING AGENT. DO NOT MIX WITH OTHER SUBSTANCES. MAY RELEASE DANGEROUS BYPRODUCTS, SUCH AS CHLORINE GAS. CONDITIONS TO AVOID: DO NOT HEAT ABOVE 180 C. OVERHEATING MAY CAUSE AN EXPLOSION. OVERHEATING CAUSES EXOTHERMIC REACTION. AVOID CONTACT WITH INCOMPATIBLES AND HIGH HEAT DUST IN VICINITY OF IGNITION SOURCES, ELECTRICAL OR SPARK GENERATING EQUIPMENT INCOMPATIBLE MATERIALS: ACIDS, ALKALIS, COMBUSTIBLE MATERIALS, FOODSTUFFS, REDUCING AGENTS, MOISTURE, ALUMINUM, ZINC, COPPER, TIN. HAZARDOUS DECOMPOSITION PRODUCTS: CONTACT WITH WATER MAY GENERATE EXPLOSIVE GASES. CONTACT WITH ACID GENERATES TOXIC GAS INCLUDING CHLORINE. N/A = NOT APPLICABLE 505 PRODUCT: HI -CLEAR TM Page -4- Date : JUNE 1, 2018 SECTION 11 —TOXICOLOGICAL INFORMATION POTENTIAL HEALTH EFFECTS: ROUTES OF EXPOSURE SKIN, EYES, INHALATION, INGESTION CHRONIC: ACUTE TOXICITY SKIN CORROSION / IRRITATION SERIOUS EYE DAMAGE I IRRITATION RESPIRATORY OR SKIN SENSITIZATION GERM CELL MUTAGENICITY CARCINOGENICITY REPRODUCTIVE TOXICITY SPECIFIC TARGET ORGAN TOXICITY ASPIRATION HAZARD INTERACTIVE EFFECTS SKIN, EYES, INHALATION, INGESTION CONTACT WITH EYES CAUSES SEVERE IRRITATATION. CONTACT WITH SKIN CAUSES SEVERE IRRITATION AND BLISTERING. INHALATION OF DUST OR PROCESSING FUMES MAY CAUSE RESPIRATORY IRRITATION, MUCOUS SECRETION OR INFLAMMATION. INGESTION CAN CAUSE DAMAGE TO DIGESTIVE SYSTEM. NONE KNOWN. IN SOME INDIVIDUALS PRONE TO SENSITIVITIES, PROLONGED OR REPEATED OVEREXPOSURE MAY CAUSE RESPIRATORY SENSITIZATION. LD50 (ORAL, RAT) 790-1260 MG/KG, (DERMAL, RAT) >2000 MG/KG LC50 (INHALATION, RAT) 1 hr, 2.04 mg/L, 4 hr, 0.51 mg/L CAUSES BURNING SENSATION EYES (RABBIT) - CORROSIVE CAUSES BURNING SENSATION AND DAMAGE TO MUCOUS MEMBRANES. AMES TEST — negative. CHROMOSOMAL ABERRATION TEST - negative U.S. LISTED CARCINOGEN: NONE (X) OSHA Q NTP () IARC Q OTHER (} NO TEST DATA AVAILABLE Respiratory System — may cause irritation. NO DATA AVAILABLE MAY AGGRAVATE COLDS, RESPIRATORY ALLERGIES, SKIN DISORDERS SECTION 12 — ECOLOGICAL INFORMATION ECOTOXICITY : AVOID RELEASE TO THE ENVIRONMENT AS THIS PRODUCT IS MARINE POLLUTANT. HIGHLY TOXIC TO FISH AND MARINE ORGANISMS. LC 50 (BLUEGILL FISH) 0.088 MG/L (96 HR), (RAINBOW TROUT) 0.16 MG/L (96 HR) LC 50 (DAPHNIA MAGNA) 0.11 MG/L (48 HR) TOXICITY - AQUATIC: MARINE POLLUTANT TOXICITY TO DAPHNIA: MARINE POLLUTANT TOXICITY - TERRESTIAL : NO TEST DATA AVAILABLE PERSISTANCE & DEGRADABILITY: NO TEST DATA AVAILABLE BIOACCUMULATIVE POTENTIAL: NO TEST DATA AVAILABLE MOBILITY IN SOIL: MARINE POLLUTANT OTHER ADVERSE EFFECTS: NO DATA AVAILABLE SECTION 13 — DISPOSAL CONSIDERATIONS DISPOSAL METHODS: DISPOSE OF CONTENTS / CONTAINER IN ACCORDANCE WITH LOCAL, REGIONAL, NATIONAL, INTERNATIONAL REGULATIONS. DISPOSE OF IN SEALED CONTAINERS, USING A LICENSED CHEMICAL WASTE HAULER. DO NOT REUSE EMPTY CONTAINERS. SECTION 14 — TRANSPORT INFORMATION BY ROAD OR RAIL - U.S. D.O.T. REGULATED: YES (X) NO () RQ: (10 Ibs) IF REGULATED, UN PROPER SHIPPING NAME: CALCIUM HYPOCHLORITE, HYDRATED MIXTURES HAZARD CLASS: () UN IDENTIFICATION NO.: (UN 2880, 5.1,11) PACKING GROUP: (11) LABEL REQUIRED: (X) U.S. MARINE POLLUTANT: YES (X) NO Q SEVERE U.S. MARINE POLLUTANT: YES Q NO (X) EMERGENCY RESPONSE GUIDE NO.: (140) A%1D[ZER BY SEA - IMDG REGULATED: YES (X) NO Q BY AIR - IATA REGULATED: YES (X) NO Q Hazard Class: 5.1 DOT Identification: UN 2880 Packing Group: II Hazard Label: 5.1 Special Requirements: 165,IBS,IP2,IP4,IP13,W9 Exceptions: 152 Non -Bulk Requirements: 212 Bulk Requirements: 240 Max. Passgr. Air/Rail: 5 kg Max. Cargo Only Air/Rail: 25 kg Stowage: D Other Requirements: 4,25,52,56,58,69,142 SPECIAL PRECAUTIONS: READ SDS BEFORE HANDLING N/A = NOT APPLICABLE 506 PRODUCT: HI -CLEAR TM Page -5- Date : JUNE 1, 2018 SECTION 15 — REGULATORY INFORMATION U.S. TSCA: WE CERTIFY THAT ALL COMPONENTS OF THIS PRODUCT ARE TSCA LISTED U.S. SARA TITLE III, SECT. 313: LISTED Q NOT LISTED (X) U.S. RCRA HAZARDOUS WASTE: NO (X) YES O RCRA #: Q U.S. CERCLA : NO () YES (X) RQ (10 LB) U.S. CALIFORNIA PROPOSITION 65 LISTED: YES () NO (X) HMIS: HEALTH (3) FLAMMABILITY (0) REACTIVITY (1) FIFRA STATEMENT This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to certain labeling requirements under Federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheets and for workplace labels of non -pesticide chemicals. Following is the hazard information as required on the pesticide label: PRECAUTIONARY STATEMENTS Hazards to Humans and Domestic Animals DANGER: Corrosive. Causes irreversible eye damage and skin burns. Fatal if swallowed or absorbed through skin. Do not get in eyes, on skin or on clothing. Wear long-sleeved shirt, long pants, goggles or face shield and rubber gloves when handling this product. Irritating to nose and throat. Avoid breathing dust. Thoroughly wash with soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet. Remove and wash contaminated clothing before reuse. Environmental Hazards This product is toxic to fish and aquatic organisms. Do not discharge effluent containing this product into lakes, streams, ponds, estuaries, oceans or public waters unless in accordance with the requirements of a National Pollutant Discharge Elimination System ("NPDES") permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product into sewer systems without previously notifying the sewage treatment plant authority. For guidance, contact your State Water Board or the Regional Office of the U.S. EPA. Physical or Chemical Hazards Strong Oxidizing Agent. Mix only with water. Add product to water; do not add water to product. Use clean, dry utensils. Do not add this product to any dispensing device containing remnants of any other product; such use may cause a violent reaction leading to fire or explosion. Contamination with moisture, organic matter or other chemicals will start a chemical reaction and generate heat, chlorine gas and possible fire and explosion. In case of contamination or decomposition, do not reseal container. If possible, isolate container in open air or well ventilated area then flood area with large volumes of water if necessary. SECTION 16 — OTHER INFORMATION REVISION DATE: JUNE 1, 2018 PREPARED BY: EHSA COORDINATOR / UNITED MINERAL & CHEMICAL CORP. ABBREVIATIONS / ACRONYMS: NIA=NOT APPLICABLE; LEL=LOWER EXPLOSION LIMIT; UEL=UPPER EXPLOSION LIMIT; PEL=PERMISSIBLE EXPOSURE LIMIT; STEL=SHORT TERM EXPOSURE LIMIT; TLV=THRESHOLD LIMIT VALUE; TWA=TIME WEIGHTED AVERAGE OVER 8 HOUR WORKDAY; LD5oOR LCso=LETHAL DOSE OR LETHAL CONCENTRATION THAT KILLS 50% OF DOSED GROUP; mg=MILLIGRAM; g=GRAM; kg=KILOGRAM; PPM=PARTS PER MILLION; m=METER; LOAEL=LOWEST OBSERVED ADVERSE EFFECT LEVEL; C.I: COLOUR INDEX IN ACCORDANCE WITH GOOD PRACTICES OF PERSONAL HYGIENE, HANDLE WITH DUE CARE AND AVOID ANY UNNECESSARY CONTACT WITH THIS PRODUCT. USE RECOMMENDED PERSONAL PROTECTION WHEN HANDLING (SEE SECTION 8). THIS INFORMATION IS BEING SUPPLIED TO YOU UNDER OSHA "RIGHT TO KNOW" REGULATION 29 CFR 1910.1200 AND IS OFFERED IN GOOD FAITH AS TYPICAL VALUES AND NOT AS PRODUCT SPECIFICATION. THE INFORMATION IS BELIEVED TO BE TRUE AND ACCURATE. NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY OF THIS DATA, THE HAZARD CONNECTED WITH USE OF THE MATERIAL, OR THE RESULTS TO BE OBTAINED FROM THE USE THEREOF, IS MADE. UNITED MINERAL & CHEMICAL CORPORATION AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR DAMAGE OR INJURY FROM THE USE OF THE PRODUCT DESCRIBED HEREIN. UNITED MINERAL & CHEMICAL CORPORATION N/A = NOT APPLICABLE 507 Calcium Hypochlorite Tablets Safety Data Sheet Section 1: Identification of the Substance/Mixture and of the Company/Undertaking 1.1 Product identifier Product Name • Calcium Hypochlorite Tablets Synonyms • 7000; Accu -Tab® SI Calcium Hypochlorite Tablets; Accu -Tab® Wastewater Tablets; Aquabalance Blue SI Calcium Hypochlorite Tablets; Aquaward® Tablets; Bio- Sanitizer; Blue Crystal; C2180T; Ca(OCI)2. Accu -Tab® Blue Calcium Hypochlorite Tablets; Cal Hypo Tablets; IndutabsTM; Jet -Chlor; PittabsTM; PML Pool Management Line Calcium Hypochlorite Tablets; Power Pro TabsTM; RepakTm Tabs; Sanuril® Tablets; Sustain® 3" Chlorinating Tablets; Sustain® Shield Energizer; VersaChlorTM System Chlorinating Tablets; Accu -Tab® Calcium Hypochlorite Tablets; IncredipoolTM 1.2 Relevant identified uses of the substance or mixture and uses advised against Relevant identified use(s) • Industrial Application, Chlorine Disinfectant, Pool Chemicals 1.3 Details of the supplier of the safety data sheet Manufacturer • Axiall, LLC 2801 Post Oak Blvd., Suite 600 Houston, TX 77056 United States www.westlake.com SDSinfo@westlake.com Telephone (General) • +1 713-960-9111 1.4 Emergency telephone number Manufacturer • +1 304-455-6882 Section 2: Hazards Identification EU/EEC According to: Regulation (EC) No 1272/2008 (CLP)/REACH 1907/2006 [amended by 2015/8301 2.1 Classification of the substance or mixture CLP Oxidizing Solids 2 - H272 Acute Toxicity Oral 4 - H302 Skin Corrosion 1 B - H314 Serious Eye Damage 1 - H318 Hazardous to the aquatic environment Acute 1 - H400 2.2 Label Elements CLP DANGER Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 1 of 18 2508 Calcium Hypochlorite Tablets Hazard statements • H272 - May intensify fire; oxidizer H302 - Harmful if swallowed H314 - Causes severe skin burns and eye damage. H318 - Causes serious eye damage H400 - Very toxic to aquatic life Precautionary statements Prevention • P210 - Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking. P220 - Keep/Store away from clothing and other combustible materials. P221 - Take any precaution to avoid mixing with combustibles P260 - Do not breathe dust. P264 - Wash thoroughly after handling. P270 - Do not eat, drink or smoke when using this product. P273 - Avoid release to the environment. P280 - Wear protective gloves/protective clothing/eye protection/face protection. Response. P370+P378 - In case of fire: Use appropriate media for extinction. P304+P340 - IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P303+P361+P353 - IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 - Wash contaminated clothing before reuse. P321 - Specific treatment, see supplemental first aid information. P305+P351+P338 - IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. P301+P330+P331 - IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. P310 - Immediately call a POISON CENTER or doctor/physician. P391 - Collect spillage. Storage/Disposal . P405 - Store locked up. P501 - Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Supplemental information • 1-3 percent of this product consists of an ingredient of unknown toxicity. 2.3 Other Hazards CLP . According to Regulation (EC) No. 1272/2008 (CLP) this material is considered hazardous. UN GHS Revision 3 According to: UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS): Third Revised Edition 2.1 Classification of the substance or mixture UN GHS Oxidizing Solids 2 Acute Toxicity Oral 4 Skin Corrosion 1B Serious Eye Damage 1 Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation Hazardous to the aquatic environment Acute 1 Hazardous to the aquatic environment Chronic 1 2.2 Label elements UN GHS DANGER Hazard statements • May intensify fire; oxidizer Harmful if swallowed Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 2 of 18 2509 Calcium Hypochlorite Tablets United States (US) According to: OSHA 29 CFR 1910.1200 HCS 2.1 Classification of the substance or mixture OSHA HCS 2012 Oxidizing Solids 2 Acute Toxicity Oral 4 Skin Corrosion 1B Serious Eye Damage 1 Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation 2.2 Label elements OSHA HCS 2012 DANGER < > 0 Hazard statements • May intensify fire; oxidizer Harmful if swallowed Causes severe skin burns and eye damage. Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: Date: 2u Januaiy�2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, wH Page 3 of 18 2 510 Causes severe skin burns and eye damage. Causes serious eye damage May cause respiratory irritation Very toxic to aquatic life Very toxic to aquatic life with long lasting effects Precautionary statements Prevention • Keep away from heat. Keep/Store away from clothing and other combustible materials. Do not eat, drink or smoke when using this product. Take any precaution to avoid mixing with combustibles Use only outdoors or in a well -ventilated area. Do not breathe dust. Wash thoroughly after handling. Avoid release to the environment. Wear protective gloves/protective clothing/eye protection/face protection. Response • In case of fire: Use appropriate media for extinction. IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. Wash contaminated clothing before reuse. Specific treatment, see supplemental first aid information. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Immediately call a POISON CENTER or doctor/physician. Collect spillage. Storage/Disposal . Store in a well -ventilated place. Keep container tightly closed. Store locked up. Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Supplemental information • 1-3 percent of this product consists of an ingredient of unknown toxicity. 2.3 Other hazards UN GHS • According to the Globally Harmonized System for Classification and Labeling (GHS) this product is considered hazardous United States (US) According to: OSHA 29 CFR 1910.1200 HCS 2.1 Classification of the substance or mixture OSHA HCS 2012 Oxidizing Solids 2 Acute Toxicity Oral 4 Skin Corrosion 1B Serious Eye Damage 1 Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation 2.2 Label elements OSHA HCS 2012 DANGER < > 0 Hazard statements • May intensify fire; oxidizer Harmful if swallowed Causes severe skin burns and eye damage. Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: Date: 2u Januaiy�2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, wH Page 3 of 18 2 510 Calcium Hypochlorite Tablets Canada According to: WHMIS 2015 2.1 Classification of the substance or mixture WHMIS 2015 Oxidizing Solids 2 Acute Toxicity Oral 4 Skin Corrosion 1 B Serious Eye Damage 1 Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation 2.2 Label elements WHMIS 2015 DANGER < > 4Q> < > Hazard statements • May intensify fire; oxidizer Harmful if swallowed Causes severe skin burns and eye damage. Causes serious eye damage May cause respiratory irritation Precautionary statements Prevention . Keep away from heat Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, wH Page 4 of 18 2 511 Causes serious eye damage May cause respiratory irritation Precautionary statements Prevention . Keep away from heat. Keep/Store away from clothing and other combustible materials. Take any precaution to avoid mixing with combustibles Do not breathe dust. Wash thoroughly after handling. Do not eat, drink or smoke when using this product. Use only outdoors or in a well -ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. Response • In case of fire: Use appropriate media for extinction. IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a POISON CENTER or doctor/physician if you feel unwell. IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. Wash contaminated clothing before reuse. Specific treatment, see supplemental first aid information. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Immediately call a POISON CENTER or doctor/physician. Storage/Disposal • Store in a well -ventilated place. Keep container tightly closed. Store locked up. Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Supplemental information • 1-3 percent of this product consists of an ingredient of unknown toxicity. 2.3 Other hazards OSHA HCS 2012 . Under United States Regulations (29 CFR 1910.1200 - Hazard Communication Standard), this product is considered hazardous. Canada According to: WHMIS 2015 2.1 Classification of the substance or mixture WHMIS 2015 Oxidizing Solids 2 Acute Toxicity Oral 4 Skin Corrosion 1 B Serious Eye Damage 1 Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation 2.2 Label elements WHMIS 2015 DANGER < > 4Q> < > Hazard statements • May intensify fire; oxidizer Harmful if swallowed Causes severe skin burns and eye damage. Causes serious eye damage May cause respiratory irritation Precautionary statements Prevention . Keep away from heat Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, wH Page 4 of 18 2 511 Calcium Hypochlorite Tablets Take any precaution to avoid mixing with combustibles Keep away from clothing and other combustible materials. Do not breathe dust. Wash thoroughly after handling. Do not eat, drink or smoke when using this product. Use only outdoors or in a well -ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. Wear fire resistant or flame retardant clothing. Response. In case of fire: Use appropriate media to extinguish. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Call a POISON CENTER/doctor if you feel unwell. IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water or shower. Wash contaminated clothing before reuse. Specific treatment, see supplemental first aid information. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER/doctor/ physician. IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. Storage/Disposal • Store in a well -ventilated place. Keep container tightly closed. Store locked up. Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Supplemental information • 1-3 percent of this product consists of an ingredient of unknown toxicity. 2.3 Other hazards WHMIS 2015 In Canada, the product mentioned above is considered hazardous under the Workplace Hazardous Materials Information System (WHMIS). Section 3 - Composition/Information on Ingredients 3.1 Substances . Material does not meet the criteria of a substance. 3.2 Mixtures Composition Chemical Name Identifiers % LD50/LC50 Classifications According to Regulation/Directive EU CLP: Annex VI, Table 3.1: Ox. Sol. 2, H272; Acute Tox. 4, H302; Skin Corr. 1 B, H314; Aquatic Acute 1, H400 CAS:7778-54-3 UN GHS Revision 3: Ox. Sol. 2; Skin Corr. 113; Eye Dam. 1; EC Number:231 Acute Tox. 4 (orl); STOT SE 3: Resp. Irrit, Aquatic Acute 1; Calcium -908-7 65% TO NDA Aquatic Chronic 1 hypochlorite 76% EU Index:017- OSHA HCS 2012: Ox. Sol. 2; Skin Corr. 1B; Eye Dam. 1; Acute 012-00-7 Tox. 4 (orl); STOT SE 3: Resp. Irrit. WHMIS 2015: Ox. Sol. 2; Skin Corr. 1 B; Eye Dam. 1; Acute Tox. 4 (orl); STOT SE 3: Resp. Irrit. EU CLP: Eye Irrit 2, H319 CAS:7647-14-5 10% TO Ingestion/Oral-Rat UN GHS Revision 3: Eye Irrit. 2; Acute Tox. 5 (orl); Skin Irrit. 3 Sodium chloride EC Number.231 30% LD50 • 3000 mg/kg OSHA HCS 2012: Eye Irrit. 2 -598-3 WHMIS 2015: Eye Irrit. 2 EU CLP: Eye Dam. 1 H318; Skin Corr. 1. H314; Aquatic Chronic CAS:1305-62-0 3, H412 Calcium EC Number:215 1 % TO Ingestion/Oral-Rat UN GHS Revision 3: Eye Dam. 1; Skin Corr. 1; hydroxide -137-3 3% LD50 • 7340 mg/kg OSHA HCS 2012: Eye Dam. 1; Skin Corr. 1 Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 5 of 18 2 512 Calcium Hypochlorite Tablets See Section 16 for full text of H -statements. Section 4 - First Aid Measures 4.1 Description of first aid measures Inhalation Move victim to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration. Do not use mouth-to-mouth method if victim inhaled the substance; give artificial respiration with the aid of a pocket mask equipped with a one -way valve or other proper respiratory medical device. Call a poison control center or doctor for further treatment advice. Skin For minor skin contact, avoid spreading material on unaffected skin. In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Remove and isolate contaminated clothing. Call a poison center or doctor for treatment advice. Eye . In case of contact with substance, immediately flush eyes with running water for at least 20 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Call a Poison Control Center or doctor for treatment advice. Ingestion . If swallowed, seek medical attention immediately from poison control center or doctor. Have a person sip a glass of water, if able to swallow. Do not give anything by mouth to an unconscious person. Do not induce vomiting unless told to do so by the poison control center or doctor. 4.2 Most important symptoms and effects, both acute and delayed • If ingestion, irritation, any type of overexposure or symptoms of overexposure occur during, or persists after use of this product, contact a POISON CONTROL CENTER, EMERGENCY ROOM OR PHYSICIAN immediately; have Safety Data Sheet information available. Never give anything by mouth to an unconscious or convulsing person. Refer to Section 11 - Toxicological Information. 4.3 Indication of any immediate medical attention and special treatment needed Notes to Physician Probable mucosal damage may contraindicate the use of gastric lavage. All treatments should be based on observed signs and symptoms of distress in the patient. Consideration should be given to the possibility that overexposure to materials other than this product may have occurred. Section 5 - Firefighting Measures Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 6 of 18 2 513 WHMIS 2015: Eye Dam. 1; Skin Corr. 1 EU CLP: Ox. Sol. 2, H272 CAS:10137-74-3 0% TO UN GHS Revision 3: Ox. Sol. 2 Calcium chlorate EINECS:233-378 NDA 3% OSHA HCS 2012: Ox. Sol. 2 2 WHMIS 2015: Ox. Sol. 2 EU CLP: Skin Irrit. 2, H315; Eye Irrit. 2, H319 CAS:471-34-1 Calcium 1 % TO Ingestion/Oral-Rat UN GHS Revision 3: Eye Irrit. 2; Skin Irrit. 2 carbonate Number:207 3% LD50 • 6450 mg/kg OSHA HCS 2012: Eye Irrit. 2; Skin Irrit. 2 -4 439-9 WHMIS 2015: Eye Irrit. 2; Skin Irrit. 2 Ingestion/Oral-Rat EU CLP: Skin Irrit. 2, H315 CAS:7758-29-4 Pentasodium LD50 • 3120 mg/kg UN GHS Revision 3: Skin Irrit. 2; Acute Tox. 5 (orl) EC Number:231 < 1% Skin -Rabbit LD50 • triphosphate OSHA HCS 2012: Skin Irrit. 2 -838-7 >4640 mg/kg WHMIS 2015: Skin Irrit. 2 CAS:10043-52-4 EU CLP: Annex VI, Table 3.1: Eye Irrit. 2, H319 EC Number:233 Ingestion/Oral-Rat UN GHS Revision 3: Eye Irrit. 2; Acute Tox. 4 (orl); Calcium chloride 140-8 0.1% LD50 • 1 g/kg OSHA HCS 2012: Eye Irrit. 2; Acute Tox. 4 (orl); EU Index:017- WHMIS 2015: Eye Irrit. 2; Acute Tox. 4 (orl) 013-00e See Section 16 for full text of H -statements. Section 4 - First Aid Measures 4.1 Description of first aid measures Inhalation Move victim to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration. Do not use mouth-to-mouth method if victim inhaled the substance; give artificial respiration with the aid of a pocket mask equipped with a one -way valve or other proper respiratory medical device. Call a poison control center or doctor for further treatment advice. Skin For minor skin contact, avoid spreading material on unaffected skin. In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Remove and isolate contaminated clothing. Call a poison center or doctor for treatment advice. Eye . In case of contact with substance, immediately flush eyes with running water for at least 20 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Call a Poison Control Center or doctor for treatment advice. Ingestion . If swallowed, seek medical attention immediately from poison control center or doctor. Have a person sip a glass of water, if able to swallow. Do not give anything by mouth to an unconscious person. Do not induce vomiting unless told to do so by the poison control center or doctor. 4.2 Most important symptoms and effects, both acute and delayed • If ingestion, irritation, any type of overexposure or symptoms of overexposure occur during, or persists after use of this product, contact a POISON CONTROL CENTER, EMERGENCY ROOM OR PHYSICIAN immediately; have Safety Data Sheet information available. Never give anything by mouth to an unconscious or convulsing person. Refer to Section 11 - Toxicological Information. 4.3 Indication of any immediate medical attention and special treatment needed Notes to Physician Probable mucosal damage may contraindicate the use of gastric lavage. All treatments should be based on observed signs and symptoms of distress in the patient. Consideration should be given to the possibility that overexposure to materials other than this product may have occurred. Section 5 - Firefighting Measures Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 6 of 18 2 513 Calcium Hypochlorite Tablets 5.1 Extinguishing media Suitable Extinguishing Media • Drench with large quantities of water only. Unsuitable Extinguishing • Do not use dry chemicals or foams. Product supplies own oxygen, therefore attempts Media to smother fire with a wet blanket, carbon dioxide, dry chemical extinguisher or other means are not effective. Product has the potential to cause a violent reaction if dry chemical fire extinguishers are used. 5.2 Special hazards arising from the substance or mixture Unusual Fire and Explosion • Containers may explode when heated. Hazards May explode from heat or contamination. May ignite combustibles (wood, paper, oil, clothing, etc.) Runoff may create fire or explosion hazard. Some will react explosively with hydrocarbons (fuels) These substances will accelerate burning when involved in a fire. Emits toxic fumes under fire conditions. Chlorine gas may be generated. Hazardous Combustion Decomposition products may include the following materials: carbon oxides; Products halogenated compounds; metal oxide/oxides. 5.3 Advice for firefighters Structural firefighters' protective clothing provides limited protection in fire situations ONLY; it is not effective in spill situations where direct contact with the substance is possible. Wear chemical protective clothing that is specifically recommended by the manufacturer. It may provide little or no thermal protection. Wear positive pressure self-contained breathing apparatus (SCBA). SMALL FIRES: Move containers from fire area if you can do it without risk. Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. No action shall be taken involving any personal risk or without suitable training. This material is very toxic to aquatic organisms. Fire water contaminated with this material must be contained and prevented from being discharged to any waterway, sewer or drain. Section 6 - Accidental Release Measures 6.1 Personal precautions, protective equipment and emergency procedures Personal Precautions Use extreme caution in handling spilled material. Ventilate the area before entry. Use spark -proof tools and explosion -proof equipment. Do not walk through spilled material. Do not mix this product with any other chemicals, including any other pool chemicals of any kind, such as other disinfection or "shock" pool products. Contamination with moisture, acids, organic matter, other chemicals (including, but not limited to cleaning chemicals and other pool chemicals), petroleum or paint products or other easily combustible materials may start a chemical reaction with generation of heat, liberation of hazardous gases and possible violent reaction leading to fire or explosion. Wear appropriate personal protective equipment, avoid direct contact. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Emergency Procedures ELIMINATE all ignition sources (no smoking, flares, sparks or flames in immediate area). As an immediate precautionary measure, isolate spill or leak area for at least 50 meters (150 feet) in all directions. Keep unauthorized personnel away. Stay upwind. Keep out of low areas. Do not get water inside container. 6.2 Environmental precautions • Prevent entry into waterways, sewers, basements or confined areas. 6.3 Methods and material for containment and cleaning up Containment/Clean-up Avoid generating dust. Measures If fire or decomposition occurs in area of spill, immediately douse with plenty of water. Otherwise, sweep up all visible material using a clean (new, if possible), dry shovel and broom and immediately dissolve material in a water -filled container. Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 25jJanuaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 7 of 18 2 514 Calcium Hypochlorite Tablets Spilled material that has been swept up and dissolved in water should be used immediately in the normal application for which this product is being consumed. 6.4 Reference to other sections • Note: see Section 1 for emergency contact information and Section 13 for waste disposal. Section 7 - Handling and Storage 7.1 Precautions for safe handling Handling Use extreme caution in handling spilled material. Use only with adequate ventilation. Keep away from combustible material. Strong oxidizer. Contact with other material may cause fire. Use spark -proof tools and explosion -proof equipment. Do not mix this product with any other chemicals, including any other pool chemicals of any kind, such as other disinfection or "shock" pool products. Contamination with moisture, acids, organic matter, other chemicals (including, but not limited to cleaning chemicals and other pool chemicals), petroleum or paint products or other easily combustible materials may start a chemical reaction with generation of heat, liberation of hazardous gases and possible violent reaction leading to fire or explosion. Always add product to large quantities of water to fully dissolve product. Do not pour water into product, always add product to water. Use only a clean (new, if possible), dry scoop made of metal or plastic each time product is taken from the container. Do not use with stabilized chlorine or bromine tablet chemical feeders. Do not add this product to any dispensing device containing remnants of any other product or pool chemical. Wear appropriate personal protective equipment, avoid direct contact. Do not breathe dust. Do not get in eyes, on skin, or on clothing. Do not ingest. Wash thoroughly with soap and water after handling and before eating, drinking, or using tobacco. Empty containers retain product residue and can be hazardous. Do not reuse container. Residual material remaining in empty container can react to cause fire. Thoroughly flush empty container with water then destroy by placing in trash collection. 7.2 Conditions for safe storage, including any incompatibilities Storage Ventilate enclosed areas. Keep only in the original container. Keep container closed. Separate from acids, alkalis, reducing agents and combustibles. Product is an NFPA Class 3 oxidizer which can cause a severe increase in fire intensity. Store in a cool, dry, well -ventilated place. If product becomes contaminated or decomposes do not reseal container. If possible isolate container in open air or well -ventilated area. 7.3 Specific end use(s) • Refer to Section 1.2 - Relevant identified uses. Section 8 - Exposure Controls/Personal Protection 8.1 Control parameters Exposure Limits/Guidelines Canada British Result ACGIH Columbia Canada Ontario Canada Quebec NIOSH 1 mg/m3 TWA (dust 1 mg/m3 TWA (dust C.I. Pigment Blue and mist, as Cu) and mist, as Cu) 15 TWAs Not established Not established Not established as Copper as Copper compounds compounds Calcium chloride (10043-52-4) TWAs Not established Not established 5 mg/m3 TWA Not established Not established Calcium hydroxide TWAs 5 mg/m3 TWA 5 mg/m3 TWA 5 mg/m3 TWA 5 mg/m3 TWAEV 5 mg/m3 TWA 1(1305-62-0) Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 8 of 18 2 515 Calcium Hypochlorite Tablets Calcium carbonate 10 mg/m3 TWAEV 10 mg/m3 TWA (total (471-34-1) TWAs Not established Not established Not established (total dust) dust); 5 mg/m3 TWA (respirable dust) Exposure Limits/Guidelines Cont. Result I OSHA Calcium hydroxide TWAs 15 mg/m3 TWA (total dust); 5 mg/m3 TWA (respirable fraction) (1305-62-0) 8.2 Exposure controls Engineering Good general ventilation should be used. Ventilation rates should be matched to Measures/Controls conditions. If applicable, use process enclosures, local exhaust ventilation, or other Various colored solid (tablets) with a slight chlorine odor. engineering controls to maintain airborne levels below recommended exposure limits. Personal Protective Equipment Odor Respiratory If workers are exposed to concentrations above the exposure limit, they must use No data available appropriate, certified respirators. Use a properly fitted, air -purifying or air -fed respirator complying with an approved standard if a risk assessment indicates this is necessary. Boiling Point Respirator selection must be based on known or anticipated exposure levels, the Melting Point/Freezing Point hazards of the product and the safe working limits of the selected respirator. Eye/Face Wear chemical splash goggles and face shield. Skin/Body Personal protective equipment for the body should be selected based on the task Specific Gravity/Relative Density being performed and the risks involved and should be approved by a specialist before Bulk Density handling this product. HANDS: Chemical -resistant, impervious gloves complying with Water Solubility an approved standard should be worn at all times when handling chemical products if Viscosity a risk assessment indicates this is necessary. Considering the parameters specified by the glove manufacturer, check during use that the gloves are still retaining their protective properties. It should be noted that the time to breakthrough for any glove material may be different for different glove manufacturers. In the case of mixtures, consisting of several substances, the protection time of the gloves cannot be accurately estimated. GLOVES: Nitrile, neoprene, and butyl rubber. Environmental Exposure Controls should be engineered to prevent release to the environment, including Controls procedures to prevent spills, atmospheric release and release to waterways. Follow best practice for site management and disposal of waste. Key to abbreviations ACGIH =American Conference of Governmental Industrial Hygiene TWA =Time -Weighted Averages are based on 8h/day, 40h1week exposures NIOSH = National Institute of Occupational Safety and Health TWAEV =Time -Weighted Average Exposure Value OSHA =Occupational Safety and Health Administration Section 9 - Physical and Chemical Properties 9.1 Information on Basic Physical and Chemical Properties Material Description Physical Form Solid Appearance/Description Various colored solid (tablets) with a slight chlorine odor. Color Various colors. Odor Slight chlorine odor. Odor Threshold No data available General Properties Boiling Point Decomposes @ 170-180°C (338- 356°F) Melting Point/Freezing Point No data available Decomposition Temperature 170 to 180 °C(338 to 356 °F) pH Alkaline Specific Gravity/Relative Density No data available Bulk Density 1 to 1.07 glcm3 Water Solubility Soluble 100 % Viscosity No data available Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 9 of 18 2 516 Calcium Hypochlorite Tablets Volatility Calcium chloride (0.1%) 10043- 52-4 Acute Toxicity: Ingestion/Oral-Rat LD50 • 1 glkg Vapor Pressure No data available Vapor Density No data available Evaporation Rate No data available 10% Volatiles (Wt.) 0% Volatiles (Vol.) Flammability Flash Point Not relevant UEL Not relevant LEL Not relevant Autoignition No data available Self -Accelerating Decomposition Temperature (SADT) 60 °C(140 °F) Flammability (solid, gas) No data available Environmental Octanol/Water Partition coefficient No data available 9.2 Other Information • No additional physical and chemical parameters noted. Section 10: Stability and Reactivity 10.1 Reactivity • No dangerous reaction known under conditions of normal use. 10.2 Chemical stability • The product may not be stable under certain conditions of storage or use. Product decomposes at approximately 170-180°C (338-356°F) releasing oxygen gas and some chlorine gas. 10.3 Possibility of hazardous reactions • Hazardous reactions or instability may occur under certain conditions of storage or use. Conditions may include the following: contact with combustible materials, contact with acids/ammonia. Reactions may include the following: risk of causing or intensifying fire, liberation of toxic gas. 10.4 Conditions to avoid Heating may cause a fire or explosion. Excessive heat will cause decomposition resulting in the release of oxygen and chlorine gas. 10.5 Incompatible materials • Highly reactive or incompatible with the following materials: moisture, combustible materials, organic materials, metals, acids, alkalis, oxidizing materials, reducing materials, ammonia, petroleum products, paint products, wood and paper, and pool chemicals. Acid or ammonia contamination will release toxic gases. 10.6 Hazardous decomposition products . Depending on conditions, product slowly releases chlorine gas. Section 11 -Toxicological Information 11.1 Information on toxicological effects Components Calcium chloride (0.1%) 10043- 52-4 Acute Toxicity: Ingestion/Oral-Rat LD50 • 1 glkg Calcium hydroxide (1 % TO 3%) 1305-62 -0 Acute Toxicity: Ingestion/Oral-Rat LD50 •7340 mg/kg; Irritation: Eye -Rabbit • 10 mg • Severe irritation Calcium carbonate (1 % TO 3%) 471-34- 1 Acute Toxicity: Ingestion/Oral-Rat LD50 •6450 mg/kg; Irritation: Eye -Rabbit • 750 pg 24 Hour(s) • Severe irritation; Skin -Rabbit • 500 mg 24 Hour(s) • Moderate irritation Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 10 of 18 2 517 Calcium Hypochlorite Tablets Sodium chloride (10% TO 30%) Acute Toxicity: Ingestion/Oral-Rat LD50 •3000 mg/kg; Irritation: Eye -Rabbit • 100 mg 24 Hour(s) • Moderate irritation; Skin -Rabbit • 500 mg 24 Hour(s) • Mild irritation; 7647-14 Multi -dose Toxicity: Ingestion/Oral-Rat TDLo • 201.6 g/kg 6 Week(s)-Intermittent; Vascular:BP elevation not 5 characterized in autonomic section; Mutagen: Unscheduled DNA synthesis • Ingestion/Oral-Rat • 16800 mg/kg 4 Week(s)-Continuous; Reproductive: Ingestion/Oral-Rat TDLo • 56400 mg/kg (5D pre -21 D post); Reproductive EffectsWaternal Effects: P ostpa rtu m; Reproductive Effects:Effects on Newborn:Biochemical and metabolic Acute Toxicity: Ingestion/Oral-Rat LD50 •3120 mg/kg; Behavioral:Somnolence (general depressed Pentasodium 7758-29 activity); Behavioral:Coma; Skin -Rabbit LD50 • >4640 mg/kg; Behaviora/:Somnolence (general depressed triphosphate (< 1%) -4 activity); Lungs, Thorax, or Respiration: Dysp n ea; Irritation: Skin -Rabbit • 500 mg 24 Hour(s) • Moderate irritation Calcium hypochlorite 7778-54 Acute Toxicity:Ingestion/Oral-Rat LD50 • 850 mg/kg (65% TO 76%) -3 g g g GHS Properties Classification EU/CLP . Acute Toxicity - Oral 4 - ATEmix (oral)= 1118 mg/kg UN GHS 3. Acute Toxicity - Oral 4 - ATEmix(oral)=1037 mg/kg Acute toxicity OSHA HCS 2012. Acute Toxicity - Oral 4 - ATEmix(oral)=1037 mglkg WHMIS 2015. Acute Toxicity - Oral 4 - ATEmix (oral) = 1058 mg/kg EU/CLP . Skin Corrosion 1 B UN GHS 3. Skin Corrosion 1B Skin corrosionlirritation OSHA HCS 2012. Skin Corrasion 1 B WHMIS 2015. Skin Corrosion 1 B EU/CLP . Serious Eye Damage 1 UN GHS 3. Serious Eye Damage 1 Serious eye damage/irritation OSHA HCS 2012. Serious Eye Damage 1 WHMIS 2015. Serious Eye Damage 1 EU/CLP . No data available UN GHS 3. No data available Skin sensitization OSHA HCS 2012. No data available WHMIS 2015. No data available EUICLP . No data available UN GHS 3. No data available Respiratory sensitization OSHA HCS 2012. No data available WHMIS 2015. No data available EUICLP . No data available UN GHS 3. No data available Aspiration Hazard OSHA HCS 2012. No data available WHMIS 2015. No data available EUICLP . No data available UN GHS 3. No data available Carcinogenicity OSHA HCS 2012. No data available WHMIS 2015. No data available EUICLP . No data available UN GHS 3. No data available Germ Cell Mutagenicity OSHA HCS 2012. No data available WHMIS 2015. No data available EUICLP . No data available UN GHS 3. No data available Toxicity for Reproduction OSHA HCS 2012. No data available Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 11 of 18 2 518 Calcium Hypochlorite Tablets Potential Health Effects Inhalation Acute (Immediate) Chronic (Delayed) Skin Acute (Immediate) Chronic (Delayed) Eye Acute (Immediate) Chronic (Delayed) Ingestion Acute (Immediate) Chronic (Delayed) Key to abbreviations LD = Lethal Dose TD = Toxic Dose • May cause corrosive burns - irreversible damage. May cause respiratory irritation. • Repeated or prolonged exposure to corrosive fumes may cause bronchial irritation with chronic cough. • Causes severe skin burns. Repeated or prolonged exposure to corrosive materials will cause dermatitis. • Causes serious eye damage. Direct contact with the eyes can cause irreversible damage, including blindness. • Repeated or prolonged exposure to corrosive materials or fumes may cause conjunctivitis. • Harmful or fatal if swallowed. May cause irreversible damage to mucous membranes. • Repeated or prolonged exposure to corrosive materials or fumes may cause gastrointestinal disturbances. Section 12 - Ecological Information 12.1 Toxicity WHMIS 2015. No data available EUICLP . No data available UN GHS 3. Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation STOT-SE OSHA HCS 2012. Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract Irritation WHMIS 2015. Specific Target Organ Toxicity Single Exposure 3: Respiratory Tract hypochlorite Irritation EUICLP . No data available Tablets UN GHS 3. No data available STOT-RE OSHA HCS 2012. No data available WHMIS 2015. No data available Potential Health Effects Inhalation Acute (Immediate) Chronic (Delayed) Skin Acute (Immediate) Chronic (Delayed) Eye Acute (Immediate) Chronic (Delayed) Ingestion Acute (Immediate) Chronic (Delayed) Key to abbreviations LD = Lethal Dose TD = Toxic Dose • May cause corrosive burns - irreversible damage. May cause respiratory irritation. • Repeated or prolonged exposure to corrosive fumes may cause bronchial irritation with chronic cough. • Causes severe skin burns. Repeated or prolonged exposure to corrosive materials will cause dermatitis. • Causes serious eye damage. Direct contact with the eyes can cause irreversible damage, including blindness. • Repeated or prolonged exposure to corrosive materials or fumes may cause conjunctivitis. • Harmful or fatal if swallowed. May cause irreversible damage to mucous membranes. • Repeated or prolonged exposure to corrosive materials or fumes may cause gastrointestinal disturbances. Section 12 - Ecological Information 12.1 Toxicity . LC50: 0.088 mg/L (96 hr, Bluegill Sunfish) Very toxic to aquatic life. Do not allow to Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 12 of 18 2 519 CAS Aquatic Toxicity -Fish: 96 Hour(s) Bluegill - Lepomis macrochirus 57-60 pg/L [Fresh water] Comments: Calcium hypochlorite 96 Hour(s) LC50 Atlantic silverside - Menidia menidia 37 pg/L [Marine water] Comments: Calcium hypochlorite Calcium Hypochlorite 96 Hour(s) LC50 Bluegill - Lepomis macrochirus 1294600 pg/L [Fresh water] Comments: Sodium chloride Tablets NDA 96 Hour(s) LC50 Guppy - Poecilia reticulata 356 mL/kg [Marine water] Comments: Calcium hydroxide 96 Hour(s) NOEC Guppy - Poecilia reticulata 56 mg/L [Marine water] Comments: Calcium hydroxide Aquatic Toxicity -Crustacea: 48 Hour(s) EC50 Water flea - Daphnia magna 402600-469200 pg/L [Fresh water] Comments: Sodium chloride 48 Hour(s) EC50 Water flea - Daphnia magna 0.073-0.079 pg/L [Fresh water] Comments: Calcium hypochlorite . LC50: 0.088 mg/L (96 hr, Bluegill Sunfish) Very toxic to aquatic life. Do not allow to Preparation Date: 26.June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 12 of 18 2 519 Calcium Hypochlorite Tablets enter groundwater, surface water or drains. Hazardous to the aquatic environment Chronic 1. 12.2 Persistence and degradability • Material data lacking. 12.3 Bioaccumulative potential 12.4 Mobility in Soil • Material data lacking. • Material data lacking. 12.5 Results of PBT and vPvB assessment No PBT and vPvB assessment has been conducted. 12.6 Other adverse effects • No studies have been found. Section 13 - Disposal Considerations 13.1 Waste treatment methods Product waste The generation of waste should be avoided or minimized wherever possible. This material and its container must be disposed of in a safe way. Spilled material that has been swept up and dissolved in water should be used immediately in the normal application for which this product is being consumed. If this is not possible, material may be neutralized. Please contact Axiall Corporation Emergency Response team for guidance at 304-455-6882. Note: Only properly neutralized material should be flushed to sewer. Unneutralized material can cause environmental damage to receiving water or can interfere with treatment plant operation. Care must be taken when using or disposing of chemical materials and/or their containers to prevent environmental contamination. Empty containers retain product residue and can be hazardous. Residual material remaining in empty container can react to cause fire. Thoroughly flush empty container with water then destroy by placing in trash collection. Disposal of this product, solutions and any by-products should at all times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Packaging waste Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Section 14 - Transport Information 14.6 Special precautions for • Under 49 CFR (DOT), non -bulk U.S. domestic shipments by ground do not require user Marine Pollutant markings or labels, nor does Marine Pollutant need to be mentioned on shipping papers. Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 13 of 18 2520 14.1 UN 14.2 UN proper 14.3 Transport hazard 14.4 Packing 14.5 Environmental number shipping name class(es) group hazards CALCIUM HYPOCHLORITE, DOT UN2880 5.1 II Marine Pollutant HYDRATED CALCIUM HYPOCHLORITE, TDG UN2880 5.1 II Marine Pollutant HYDRATED CALCIUM HYPOCHLORITE, IMO/IMDG UN2880 5.1 II Marine Pollutant HYDRATED CALCIUM HYPOCHLORITE, IATA/ICAO UN2880 5.1 II Chronic Aquatic Toxicity HYDRATED 14.6 Special precautions for • Under 49 CFR (DOT), non -bulk U.S. domestic shipments by ground do not require user Marine Pollutant markings or labels, nor does Marine Pollutant need to be mentioned on shipping papers. Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 13 of 18 2520 Calcium Hypochlorite Tablets 14.7 Transport in bulk Data lacking. according to Annex II of Marpol and the IBC Code Section 15 - Regulatory Information 15.1 Safety, health and environmental regulationsllegislation specific for the substance or mixture SARA Hazard Classifications • Acute, Fire FIFRA — Pesticide Labeling This chemical is a pesticide product registered by the Environmental Protection Agency and is regulated under FIFRA. Pesticide products are exempt from TSCA and not subject to inventory requirements. This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to certain labeling requirements under federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheets, and for workplace labels of non -pesticide chemicals. Inventory Component CAS Canada DSL Canada NDSL EU EINECS EU ELNICS TSCA Calcium chloride 10043-52-4 Yes No Yes No Yes Calcium hydroxide 1305-62-0 Yes No Yes No Yes Calcium carbonate 471-34-1 Yes No Yes No Yes Calcium chlorate 10137-74-3 No No Yes No No Calcium hypochlorite 7778-54-3 Yes No Yes No Yes Sodium chloride 7647-14-5 Yes No Yes No Yes Pentasodium triphosphate 7758-29-4 Yes No Yes No Yes Canada Labor Canada - WHMIS 1988 - Classifications of Substances • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate Canada - WHMIS 1988 - Ingredient Disclosure List • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride Preparation Date: 26!June%2015 Revision Date: 251Januaiyr'2021 10043-52-4 D213 7778-54-3 C, E 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 E 7647-14-5 Uncontrolled product 7647-14-5 according to WHMIS classification criteria Uncontrolled product 471-34-1 according to WHMIS classification criteria 10043-52-4 Not Listed 7778-54-3 Not Listed 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 1 % 7647-14-5 Not Listed Format: EU CLP/REACH Language: English (US) Page 14 of 18 EU CLP, UN GHS Revision 3, OSHA HCS 2012, W 2 521 Calcium Hypochlorite Tablets • Calcium carbonate Environment Canada - CEPA - Priority Substances List • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate United States Labor U.S. - OSHA - Process Safety Management • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate Highly Hazardous Chemicals U.S. - OSHA - Specifically Regulated Chemicals • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate Environment U.S. - CAA (Clean Air Act) - 1990 Hazardous Air Pollutants • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate U.S. - CERCLA/SARA - Hazardous Substances and their Reportable Quantities • Calcium chloride • Calcium hypochlorite • Calcium chlorate • Pentasodium triphosphate • Calcium hydroxide • Sodium chloride • Calcium carbonate U.S. - CERCLA/SARA - Radionuclides and Their Reportable Quantities • Calcium chloride • Calcium hypochlorite 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 Not Listed 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 Not Listed 7647-14-5 Not Listed 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 Not Listed 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 Not Listed 7647-14-5 Not Listed 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 Not Listed 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 Not Listed 7647-14-5 Not Listed 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 Not Listed 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 Not Listed 7647-14-5 Not Listed 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 10 Ib final RQ; 4.54 kg final RQ 10137-74-3 Not Listed 7758-29-4 Not Listed 1305-62-0 Not Listed 7647-14-5 Not Listed 471-34-1 Not Listed 10043-52-4 Not Listed 7778-54-3 Not Listed Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 25IJanuaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 15 of 18 2522 Calcium Hypochlorite Tablets • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - CERCLAISARA - Section 302 Extremely Hazardous Substances EPCRA RQs • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - CERCLAISARA - Section 302 Extremely Hazardous Substances TPQs • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - CERCLAISARA - Section 313 - Emission Reporting • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - CERCLAISARA - Section 313 - PBT Chemical Listing • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - TSCA (Toxic Substances Control Act) - Section 12(b) - Export Notification • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed United States - California Environment U.S. - California - Proposition 65 - Carcinogens List Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 25IJanuaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 16 of 18 2 523 Calcium Hypochlorite Tablets • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - California - Proposition 65 - Developmental Toxicity • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - California - Proposition 65 - Maximum Allowable Dose Levels (MADL) • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - California - Proposition 65 - No Significant Risk Levels (NSRL) • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - California - Proposition 65 - Reproductive Toxicity - Female • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed U.S. - California - Proposition 65 - Reproductive Toxicity - Male • Calcium chloride 10043-52-4 Not Listed • Calcium hypochlorite 7778-54-3 Not Listed • Calcium chlorate 10137-74-3 Not Listed • Pentasodium triphosphate 7758-29-4 Not Listed • Calcium hydroxide 1305-62-0 Not Listed • Sodium chloride 7647-14-5 Not Listed • Calcium carbonate 471-34-1 Not Listed 15.2 Chemical Safety Assessment Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 25IJanuaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 17 of 18 2 524 Calcium Hypochlorite Tablets 15.3 Other Information . No Chemical Safety Assessment has been carried out. WARNING: This product contains a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm. Section 16 - Other Information Relevant Phrases (code & full text) Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 18 of 18 2 525 • H315 - Causes skin irritation H319 - Causes serious eye irritation H412 - Harmful to aquatic life with long lasting effects Revision Date • 28/January/2021 Preparation Date • 26/June/2015 Disclaimer/Statement of • The technical data given herein is correct to the best of our knowledge, information Liability and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release, and is not to be considered a warranty or quality specification. No guarantee is being given as to the end use performance. The product is sold on the basis that buyers test the product for their specific purposes. This information related to the material designated and may not be valid for such material used in combination with any other materials or in any process. Key to abbreviations NDA =No Data Available Preparation Date: 26!June%2015 Format: EU CLP/REACH Language: English (US) Revision Date: 251Januaiyr'2021 EU CLP, UN GHS Revision 3, OSHA HCS 2012, WH Page 18 of 18 2 525 B BRENNTAG SAFETY DATA SHEET 1. Identification Other means of identification None known. Product identifier SODIUM HYPOCHLORITE 10% Recommended use ALL PROPER AND LEGAL PURPOSES Recommended restrictions None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid -South, Inc. Address 1405 Highway 136, West Telephone E-mail Emergency phone number 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Response Storage Disposal Hazard(s) not otherwise classified (HNOC) Supplemental information Henderson, KY 42420 270-830-1222 Not available. 800-424-9300 CHEMTREC Not classified. Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Not classified. Not classified. e Danger Causes severe skin burns and eye damage. Causes serious eye damage. Wash thoroughly after handling. Wear protective gloves/protective clothing/eye protection/face protection. If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. Wash contaminated clothing before reuse. If inhaled: Remove person to fresh air and keep comfortable for breathing. Immediately call a poison center/doctor. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Store locked up. Dispose of contents/container in accordance with local/regional/national/international regulations. None known. None. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % HYPOCHLOROUS ACID, SODIUM 7681-52-9 10 SALT (1:1) SODIUM HYDROXIDE (NA(OH)) 1310-73-2 0.5 Other components below reportable levels 89.5 Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 1 /8 526 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Take off immediately all contaminated clothing. Rinse skin with water/shower. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Call a physician or poison control center immediately. Ingestion Call a physician or poison control center immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may symptoms/effects, acute and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including delayed blindness could result. Indication of immediate Provide general supportive measures and treat symptomatically. Chemical burns: Flush with water medical attention and special immediately. While flushing, remove clothes which do not adhere to affected area. Call an treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation. Symptoms may be delayed. General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. equipmentlinstructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not touch damaged containers emergency procedures or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Prevent entry into waterways, sewer, basements or confined areas. containment and cleaning up Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is possible. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re -use. For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not get in eyes, on skin, or on clothing. Avoid prolonged exposure. Provide adequate ventilation. Wear appropriate personal protective equipment. Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Store in tightly closed container. Store away from incompatible materials (see including any incompatibilities Section 10 of the SDS). Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 2/8 527 8. Exposure controls/personal protection Occupational exposure limits Hand protection US. OSHA Table Z-1 Permissible Exposure Limits (PEL) for Air Contaminants (29 CFR 1910.1000) Components Type Value SODIUM HYDROXIDE PEL 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Always observe good personal hygiene measures, such as washing after handling the material considerations US. ACGIH Threshold Limit Values (TLV) equipment to remove contaminants. Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Color CLEAR, LIGHT YELLOW -GREEN NIOSH. Immediately Dangerous to Life or Health (IDLH) Values, as amended Odor threshold Components Type Value SODIUM HYDROXIDE IDLH 10 mg/m3 (NA(OH)) (CAS 1310-73-2) range US. NIOSH: Pocket Guide to Chemical Hazards Recommended Exposure Limits (REL) Components Type Value SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) US. OARS. Workplace Environmental Exposure Level (WEEL) Guide Components Type Value HYPOCHLOROUS ACID, STEL 2 mg/m3 SODIUM SALT (1:1) (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation should be used. Ventilation rates should be matched to conditions. If controls applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment The following are recommendations for Personnel Protective Equipment (PPE). The employer/user of this product must perform a Hazard Assessment of the workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use while performing any task involving potential exposure to this product. Eyelface protection Wear safety glasses with side shields (or goggles) and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Other Wear appropriate chemical resistant clothing. Respiratory protection In case of insufficient ventilation, wear suitable respiratory equipment. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color CLEAR, LIGHT YELLOW -GREEN Odor CHLORINE Odor threshold Not available. pH >11.5-13.5 Melting pointlfreezing point 7 °F (-13.89 °C) Initial boiling point and boiling 224.88 °F (107.16 °C) estimated range Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 3/8 528 Flash point Not available. Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upper/lower flammability or explosive limits Explosive limit - lower (%) Not available. Explosive limit - upper (%) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Not available. Partition coefficient Not available. (n-octanol/water) Auto -ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 9.78 Ibslgal 1.17 g/ml Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 89.5 % estimated Specific gravity 1.17 10. Stability and reactivity Reactivity Reacts violently with strong acids. This product may react with oxidizing agents. Chemical stability Material is stable under normal conditions. Possibility of hazardous Hazardous polymerization does not occur. reactions Conditions to avoid Contact with incompatible materials. Do not mix with other chemicals. Incompatible materials Acids. Oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Symptoms may physical, chemical and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including toxicological characteristics blindness could result. Information on toxicological effects Acute toxicity Not known. Product SODIUM HYPOCHLORITE 10% Acute Dermal ATEmix Oral ATEmix Species Test Results 270000 mg/kg bw 28000 mg/kg bw Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 4/8 529 Components Species Test Results HYPOCHLOROUS ACID, SODIUM SALT (1:1) (CAS 7681-52-9) >= 0.313 - <= 0.497 mg/l, 24 hours Acute Due to partial or complete lack of data the classification is not possible. Oral Due to partial or complete lack of data the classification is not possible. LD50 Rat 8.91 g/kg SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Due to partial or complete lack of data the classification is not possible. Acute Not listed. Dermal OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) LD50 Rabbit 1350 mg/kg Oral Not listed. LD50 Rat 140 - 340 mg/kg Skin corrosion/irritation Causes severe skin burns and eye damage. Specific target organ toxicity - Serious eye damage/eye Causes serious eye damage. single exposure irritation Specific target organ toxicity - Respiratory or skin sensitization >= 0.313 - <= 0.497 mg/l, 24 hours Respiratory sensitization Due to partial or complete lack of data the classification is not possible. Skin sensitization Due to partial or complete lack of data the classification is not possible. Germ cell mutagenicity Due to partial or complete lack of data the classification is not possible. Carcinogenicity Due to partial or complete lack of data the classification is not possible. IARC Monographs. Overall Evaluation of Carcinogenicity Not listed. Scud (Hyalella azteca) OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. 0.14 mg/l, 24 hours US. National Toxicology Program (NTP) Report on Carcinogens Not listed. Fish LC50 Bleak (Alburnus alburnus) Reproductive toxicity Due to partial or complete lack of data the classification is not possible. Specific target organ toxicity - Due to partial or complete lack of data the classification is not possible. single exposure Specific target organ toxicity - Due to partial or complete lack of data the classification is not possible. repeated exposure Aspiration hazard Due to partial or complete lack of data the classification is not possible. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results HYPOCHLOROUS ACID, SODIUM SALT (1:1) (CAS 7681-52-9) Aquatic Acute Crustacea EC50 Water flea (Ceriodaphnia dubia) >= 0.11 - <= 0.13 mg/l, 24 hours LC50 Calanoid copepod (Acartia tonsa) >= 0.313 - <= 0.497 mg/l, 24 hours Coon stripe shrimp (Pandalus danae) >= 0.246 - <= 0.333 mg/l, 96 hours Daggerblade grass shrimp — 46 - <= 58.8 mg/I, 96 hours (Palaemonetes pugio) Opossum shrimp (Americamysis Bahia) >= 0.229 - <= 0.321 mg/l, 96 hours Rotifer (Brachionus calyciflorus) >= 0.35 - <= 0.39 mg/l, 24 hours Scud (Hyalella azteca) >= 0.252 - <= 0.362 mg/l, 96 hours Water flea (Ceriodaphnia dubia) 0.14 mg/l, 24 hours Water flea (Daphnia magna) >= 0.045 - <= 0.068 mg/l, 48 hours Fish LC50 Bleak (Alburnus alburnus) >= 30 - <= 35 mg/l, 96 hours Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 5/8 530 Components Species Test Results Brown trout (Salmo trutta) >= 0.02 - <= 0.05 mg/l, 1.5 hours California grunion (Leuresthes tenuis) 0.139 mg/l, 24 hours Carp (Cyprinus carpio) — 1.75 - <= 1.89 mg/l, 160 minutes Channel catfish (Ictalurus punctatus) 0.45 mg/l, 96 hours Coho salmon,silver salmon >= 0.245 - <= 0.328 mg/I, 15 minutes (Oncorhynchus kisutch) III Fathead minnow (Pimephales promelas) >= 4.4 - <= 7.1 mg/I, 24 hours Freshwater drum (Aplodinotus — 1.67 - <= 1.83 mg/l, 160 minutes grunniens) ERG number Rainbow trout,donaldson trout >= 0.05 - <= 0.071 mg/l, 96 hours (Oncorhynchus mykiss) > 0.03 - < 0.07 mg/I, 96 hours Shiner perch (Cymatogaster aggregata) >= 0.045 - <= 0.098 mg/I, 96 hours Yellow perch (Perca flavescens) >= 18 - <= 28.7 mg/l, 15 minutes Yellowtail flounder (Pleuronectes 0.1 mg/l, 24 hours ferrugineus) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59 - 47.13 mg/I, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Dispose of this material and its container to hazardous or special waste collection point. Incinerate the material under controlled conditions in an approved incinerator. Dispose of contents/container in accordance with local/regional/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code D002: Waste Corrosive material [pH 52 or =>12.5, or corrosive to steel] The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Waste from residues ! unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal. 14. Transport information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTIONS MARINE POLLUTANT (SODIUM HYPOCHLORITE) RQ Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards Marine pollutant No. Special precautions for user Read safety instructions, SDS and emergency procedures before handling. ERG number 154 Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 6/8 531 Transport information on packaging may be different from that listed. Transportation information on packaging may be different from that listed. DOT General information IMDG Regulated Marine Pollutant. 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. Toxic Substances Control Act (TSCA) TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) HYPOCHLOROUS ACID, SODIUM SALT (1:1) Listed. (CAS 7681-52-9) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1053) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 3111312 Hazardous Yes chemical Classified hazard Skin corrosion or irritation categories Serious eye damage or eye irritation SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPS) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US. California. Candidate Chemicals List. Safer Consumer Products Regulations (Cal. Code Regs, tit. 22, 69502.3, subd. (a)) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For more information go to www.P65Warnings.ca.gov. Material name: SODIUM HYPOCHLORITE 10% sus us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 7/8 532 International Inventories Country(s) or region Inventory name On inventory (yes/no)* Australia Australian Inventory of Industrial Chemicals (AICIS) Yes Canada Domestic Substances List (DSL) Yes Canada Non -Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Disclaimer Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) No Japan Inventory of Existing and New Chemical Substances (ENCS) Yes Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory (TCSI) Yes United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). Disposal considerations: Disposal instructions 16. Other information, including date of preparation or last revision Issue date 11-05-2015 Revision date 07-07-2023 Version # 22 HMISO ratings Health: 3 Flammability: 0 Physical hazard: 0 NFPA ratings Health: 3 Flammability: 0 Instability: 0 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding, and assumes no liability for, the accuracy or completeness of the information. The Buyer assumes all responsibility for handling, using and/or reselling the Product in accordance with applicable federal, state, and local law. This SDS shall not in any way limit or preclude the operation and effect of any of the provisions of Brenntag's terms and conditions of sale. Revision information Hazard(s) identification: Disposal Hazard(s) identification: Prevention Hazard(s) identification: Response Hazard(s) identification: Storage Accidental release measures: Personal precautions, protective equipment and emergency procedures Handling and storage: Precautions for safe handling Handling and storage: Conditions for safe storage, including any incompatibilities Exposure controls/personal protection: Hand protection Physical & Chemical Properties: Multiple Properties Disposal considerations: Disposal instructions Other information, including date of preparation or last revision: References Other information, including date of preparation or last revision: List of abbreviations Material name: SODIUM HYPOCHLORITE 10% sos us 813540 Version #: 22 Revision date: 07-07-2023 Issue date: 11-05-2015 8/8 533 NSF. The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Wednesday, August 02, 2023 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listi gs.asp?COMDanY�_=3496o Standard=o6o& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Mid -South, Inc. 1405 Highway 136 West P.O. Box 20 Henderson, KY 42420-0020 United States 800-950-7267 270-827-3545 Visit this company's website (http_/ /www.brenntag.com/north-america/en/about- brenntagLr gional-capabilities /brenntag-mid-south/index.j sp). Facility: Clearwater, FL Hydrochloric Acid Trade Designation Hydrochloric Acid 28% Hydrochloric Acid 32% Muriatic Acid 20 DEG BE Muriatic Acid 22 DEG BE Sodium Hypochlorite[IM Trade Designation SNO-GLO BLEACH Sno-Glo 10% Bleach Product Function Max Use Corrosion & Scale Control 5omg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 4omg/L Product Function Max Use Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L 534 Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L Sodium Hypochlorite 12.5% Disinfection & Oxidation 84mg/L Sodium Hypochlorite, 1o% Disinfection & Oxidation 105mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid 15% Corrosion & Scale Control 26omg/L Corrosion & Scale Control pH Adjustment Corrosion & Scale Control Sulfuric Acid 38.5% Corrosion & Scale Control 121mg/L Corrosion & Scale Control pH Adjustment Sulfuric Acid 50% Corrosion & Scale Control 93mg/L pH Adjustment Sulfuric Acid 66 BE pH Adjustment 5omg/L Corrosion & Scale Control Sulfuric Acid 66 DEG Corrosion & Scale Control 5omg/L pH Adjustment Sulfuric Acid 78% pH Adjustment 6omg/L Corrosion & Scale Control Sulfuric Acid 93% Corrosion & Scale Control 5omg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Miami, FL Sodium Hydroxide[i] Trade Designation Caustic Soda 20% Caustic Soda 25% Caustic Soda 50% Sodium Hydroxide 20% Sodium Hydroxide 25% Sodium Hydroxide 50% Product Function Max Use Corrosion & Scale Control 25omg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control loomg/L Corrosion & Scale Control 25omg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control loomg/L 535 [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Facility: Orlando, FL Aluminum Sulfate[AL] Trade Designation Aluminum Sulfate 50% Aluminum Sulfate 50% SOLN Aluminum Sulfate 50% Solution Aluminum Sulfate Solution Liquid Alum Product Function Max Use Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 150 mg/L Coagulation & Flocculation 150 mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Chlorine[CL] Trade Designation Chlorine, Liquified Gas Product Function Max Use Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Ferric Chloride Trade Designation Ferric Chloride 38-42% Ferric Chloride Liquid Ferric Chloride Solution Iron (III) Chloride Solution Iron Trichloride Solution Hydrochloric Acid Trade Designation Hydrochloric Acid 15 Hydrochloric Acid 20 BE Hydrochloric Acid 28 Hydrochloric Acid 31.45 Hydrochloric Acid 32 Product Function Max Use Coagulation & Flocculation 25omg/L Coagulation & Flocculation 250 mg/L Coagulation & Flocculation 250 mg/L Coagulation & Flocculation 25omg/L Coagulation & Flocculation 25omg/L Product Function Max Use Corrosion & Scale Control 8omg/L pH Adjustment Corrosion & Scale Control 44mg/L Corrosion & Scale Control 5omg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L 536 Muriatic Acid Muriatic Acid 1o% Muriatic Acid 15% Muriatic Acid 20 DEG BE Muriatic Acid 22 DEG BE Sodium Bisulfite[i] Trade Designation Sodium Bisulfite 19-44% Corrosion & Scale Control 44mg/L Corrosion & Scale Control 138mg/L Corrosion & Scale Control 8omg/L pH Adjustment Corrosion & Scale Control Corrosion & Scale Control 44mg/L Corrosion & Scale Control 4omg/L Product Function Max Use Dechlorinator & Antioxidant 46mg/L [1] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). Sodium Hydroxide[2] Trade Designation Product Function Max Use Caustic Soda 20% Corrosion & Scale Control 250 mg/L Caustic Soda 25% Corrosion & Scale Control 200 mg/L Caustic Soda 50% Corrosion & Scale Control loo mg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [2] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[IM Trade Designation SNO-GLO BLEACH Sno-Glo 1o% Bleach Sodium Hypochlorite 12.5% Sodium Hypochlorite, 1o% Product Function Max Use Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 84 mg/L Disinfection & Oxidation 105 mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. 537 Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid 66 BE Corrosion & Scale Control 5omg/L Sulfuric Acid 66 DEG Corrosion & Scale Control 5omg/L Sulfuric Acid 93% Corrosion & Scale Control 5omg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Tampa, FL Ammonium Sulfate Trade Designation Product Function Max Use Ammonium Sulfate 38.5% Sol Chloramination 6omg/L Ammonium Sulfate 40% Chloramination 6omg/L Ammonium Sulfate 40% Sol Chloramination 6omg/L 4WVT 9710 Chloramination 6omg/L Citric Acid[i] Trade Designation Product Function Max Use Citric Acid 50% Membrane Cleaner NA Citric Acid Solution Membrane Cleaner NA [1] These products are designed to be used off-line and flushed out prior to using the system for drinking water, following manufacturer's use instructions. The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. Hydrochloric Acid Trade Designation Hydrochloric Acid 15 Hydrochloric Acid 20 BE Hydrochloric Acid 28 Hydrochloric Acid 31.45 Hydrochloric Acid 32 Muriatic Acid Muriatic Acid 10 Muriatic Acid 15% Muriatic Acid 20 DEG BE Product Function Max Use Corrosion & Scale Control 8omg/L pH Adjustment Corrosion & Scale Control 44mg/L Corrosion & Scale Control 5omg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 138mg/L Corrosion & Scale Control 8omg/L pH Adjustment Corrosion & Scale Control 44mg/L 538 Muriatic Acid 22 DEG BE Sodium Bisulfite[2] Trade Designation Sodium Bisulfite 19-44% Corrosion & Scale Control 4omg/L Product Function Max Use Dechlorinator & Antioxidant 46mg/L [2] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). Sodium Hydroxide[g] Trade Designation Caustic Soda 25 Caustic Soda 50 Sodium Hydroxide 50% DIA Sodium Hydroxide 50% MEM Sodium Hydroxide Solution 25% Sodium Hydroxide Solution 50% Product Function Max Use Corrosion & Scale Control 2oomg/L Corrosion & Scale Control loomg/L Corrosion & Scale Control ioomg/L Corrosion & Scale Control ioomg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control ioomg/L [3] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HY] Trade Designation Product Function Max Use Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid 15% Corrosion & Scale Control 26omg/L pH Adjustment Sulfuric Acid 38.5% Corrosion & Scale Control 121mg/L pH Adjustment Sulfuric Acid 50% Corrosion & Scale Control 93mg/L pH Adjustment 539 Sulfuric Acid 66 BE pH Adjustment 5omg/L 25omg/L Corrosion & Scale Control 25omg/L Sulfuric Acid 66 DEG Corrosion & Scale Control 5omg/L 25omg/L pH Adjustment 25omg/L Sulfuric Acid 78% pH Adjustment 6omg/L 166mg/L Corrosion & Scale Control Sulfuric Acid 93% Corrosion & Scale Control 5omg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Eastpoint, GA Aluminum Chlorohydrate[AL] Trade Designation Prestofloc C -loo Product Function Max Use Coagulation & Flocculation 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Ferric Chloride Trade Designation Ferric Chloride 38-42 Ferric Chloride Liquid Ferric Chloride Solution Iron (III) Chloride Solution Iron Trichloride Solution Sodium Hydroxide[i] Trade Designation Caustic Soda 1o% Caustic Soda 20% Caustic Soda 25% Caustic Soda 30 Caustic Soda 50 Product Function Max Use Coagulation & Flocculation 25omg/L Coagulation & Flocculation 25omg/L Coagulation & Flocculation 25omg/L Coagulation & Flocculation 25omg/L Coagulation & Flocculation 25omg/L Product Function Max Use Corrosion & Scale Control 5oomg/L pH Adjustment Corrosion & Scale Control 25omg/L pH Adjustment Corrosion & Scale Control 2oomg/L pH Adjustment Corrosion & Scale Control 166mg/L pH Adjustment Corrosion & Scale Control loomg/L pH Adjustment 540 Sodium Hydroxide 1o% Corrosion & Scale Control 50omg/L 5omg/L pH Adjustment Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L pH Adjustment 5omg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L 5omg/L pH Adjustment Sodium Hydroxide 30% Corrosion & Scale Control 166mg/L pH Adjustment Sodium Hydroxide 50% Corrosion & Scale Control loomg/L pH Adjustment [1] Trade Designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HP] Trade Designation Product Function Max Use Sodium Hypochlorite 1o% Disinfection & Oxidation 91mg/L Sodium Hypochlorite 12.5% Disinfection & Oxidation 73mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Trade Designation Sulfuric Acid Sulfuric Acid 66 Sulfuric Acid 66 Baume Sulfuric Acid 66Be Sulfuric Acid 93% Product Function Max Use Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. 541 Facility: Savannah, GA Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda 50% Corrosion & Scale Control loomg/L Sodium Hydroxide 50% Corrosion & Scale Control loomg/L Facility: Valdosta, GA Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda 1o% Corrosion & Scale Control 5oomg/L pH Adjustment Caustic Soda 20% Corrosion & Scale Control 25omg/L pH Adjustment Caustic Soda 25% Corrosion & Scale Control 2oomg/L pH Adjustment Caustic Soda 30% Corrosion & Scale Control 166mg/L pH Adjustment Caustic Soda 50% Corrosion & Scale Control loomg/L pH Adjustment Sodium Hydroxide 1o% Corrosion & Scale Control 5oomg/L pH Adjustment Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L pH Adjustment Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L pH Adjustment Sodium Hydroxide 30% Corrosion & Scale Control 166mg/L pH Adjustment Sodium Hydroxide 50% Corrosion & Scale Control loomg/L pH Adjustment [1] Trade Designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HY] Trade Designation SNO-GLO BLEACH Sno-Glo 1o% Bleach Sodium Hypochlorite 1o% Product Function Disinfection & Oxidation Disinfection & Oxidation Disinfection & Oxidation Max Use 105mg/L 105mg/L 105mg/L 542 Sodium Hypochlorite 10.5% Sodium Hypochlorite 12.5% Disinfection & Oxidation loomg/L Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. Facility: Distribution Center - East St. Louis, IL Phosphoric Acid Trade Designation PHOSPHORIC ACID 75% Sulfuric Acid Trade Designation Sulfuric Acid 66 BE Sulfuric Acid 66 DEG Sulfuric Acid 93 Product Function Max Use Corrosion & Scale Control 13mg/L Softener Product Function Max Use Corrosion & Scale Control 5omg/L Corrosion & Scale Control 5omg/L Corrosion & Scale Control 5omg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Indianapolis, IN Aluminum Chlorohydrate[AL] Trade Designation Prestofloc C -loo Product Function Max Use Coagulation & Flocculation 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. 543 Aluminum Sulfate[AL] Trade Designation Aluminum Sulfate Solution Liquid Alum Liquid Alum 50% Sol Product Function Max Use Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Ammonium Sulfate Product Function Max Use Trade Designation Product Function Max Use Ammonium Sulfate 38.5% Sol Chloramination 6omg/L Ammonium Sulfate 40% Chloramination 6omg/L Ammonium Sulfate 40% Sol Chloramination 6omg/L WWT 9710 Chloramination 6omg/L Citric Acid[i] [2] Trade Designation Product Function Max Use Citric Acid Solution Membrane Cleaner NA Citric Acid, Anhydrous Membrane Cleaner NA [1] This product is designed to be used off-line and flushed out prior to using the system for drinking water, following the manufacturer's use instructions. [2] The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluosilicic Acid 23% Fluoridation 5 mg/L Poly (Diallyldimethylammonium Chloride)(pDADMAC) Trade Designation Product Function Max Use Robin 110 Coagulation & Flocculation loomg/L Robin 120 Coagulation & Flocculation 5omg/L Robin 220 Coagulation & Flocculation 5omg/L RobinFloc 4325 Coagulation & Flocculation loomg/L Polyaluminum Chloride[AL] Trade Designation Product Function Max Use Brennfloc CC 2818 Coagulation & Flocculation 25omg/L Brennfloc CC2358 Coagulation & Flocculation loomg/L Prestofloc C -loo Coagulation & Flocculation 25omg/L 544 [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Sodium Hydroxide[g] Trade Designation Product Function Max Use Caustic Soda 10% Corrosion & Scale Control 50omg/L Disinfection & Oxidation pH Adjustment Disinfection & Oxidation Caustic Soda 20% Corrosion & Scale Control 25omg/L Disinfection & Oxidation pH Adjustment Caustic Soda 25% pH Adjustment 2oomg/L Corrosion & Scale Control Caustic Soda 30% Corrosion & Scale Control 166mg/L pH Adjustment Caustic Soda 50% pH Adjustment loomg/L Corrosion & Scale Control Sodium Hydroxide 10% Corrosion & Scale Control 50omg/L pH Adjustment Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L pH Adjustment Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L pH Adjustment Sodium Hydroxide 30% Corrosion & Scale Control 166mg/L pH Adjustment Sodium Hydroxide 50% Corrosion & Scale Control loomg/L pH Adjustment [3] Trade Designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HY] Trade Designation Chem Bleach Household SNO-GLO BLEACH Sno-Glo Bleach Sodium Hypochlorite 10% Sodium Hypochlorite 12.5% Sodium Hypochlorite 5.25% Solution Product Function Max Use Disinfection & Oxidation 2oomg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation 2oomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, 545 reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Product Function Max Use Trade Designation Product Function Max Use Sulfuric Acid Corrosion & Scale Control 5omg/L Caustic Soda 20% pH Adjustment 25omg/L Sulfuric Acid 50% Corrosion & Scale Control 93mg/L Caustic Soda 25% pH Adjustment 2oomg/L Sulfuric Acid 66 BE Corrosion & Scale Control 5omg/L Caustic Soda 30% pH Adjustment 166mg/L Sulfuric Acid 66 Degree Corrosion & Scale Control 5omg/L Caustic Soda 50% pH Adjustment ioomg/L NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. Facility: Terre Haute, IN Chlorine [CL] Trade Designation Chlorine Product Function Max Use Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda io% Corrosion & Scale Control 50omg/L pH Adjustment Caustic Soda 20% Corrosion & Scale Control 25omg/L pH Adjustment Caustic Soda 25% Corrosion & Scale Control 2oomg/L pH Adjustment Caustic Soda 30% Corrosion & Scale Control 166mg/L pH Adjustment Caustic Soda 50% Corrosion & Scale Control ioomg/L pH Adjustment 546 Sodium Hydroxide lo% Sodium Hydroxide 20% Sodium Hydroxide 25% Sodium Hydroxide 30% Sodium Hydroxide 50% Corrosion & Scale Control 50omg/L pH Adjustment 105mg/L Corrosion & Scale Control 25omg/L pH Adjustment 105mg/L Corrosion & Scale Control 2oomg/L pH Adjustment Corrosion & Scale Control 166mg/L pH Adjustment Corrosion & Scale Control loomg/L pH Adjustment [1] Trade Designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HY] Trade Designation SNO-GLO BLEACH Sno-Glo Bleach Sodium Hypochlorite 1o% Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 84 mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. Facility: Georgetown, KY Sodium Hypochlorite[HY] Trade Designation Sodium Hypochlorite Product Function Max Use Disinfection & Oxidation 64mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, 547 reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Henderson, KY Aluminum Chlorohydrate[AL] Trade Designation Product Function Max Use Brennfloc BC4105[PY] Coagulation & Flocculation 31mg/L Prestofloc C -loo Coagulation & Flocculation 250 mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Aluminum Sulfate[AL] Trade Designation Aluminum Sulfate 50% Aluminum Sulfate 50% Solution Aluminum Sulfate Solution Liquid Alum Product Function Max Use Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 150 mg/L Coagulation & Flocculation 150 mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Ammonia, Anhydrous Trade Designation Product Function Max Use Ammonia, Anhydrous Chloramination 5 mg/L Ammonium Hydroxide Trade Designation Product Function Max Use AQUA AMMONIA Chloramination to mg/L Ammonium Hydroxide 19% Chloramination lomg/L Aqua Ammonia 26 Deg Chloramination lomg/L Ammonium Sulfate Trade Designation Product Function Max Use Ammonium Sulfate 38.5% Sol Chloramination 6omg/L Ammonium Sulfate 40% Chloramination 6omg/L 548 Ammonium Sulfate 40% Sol Chloramination 6omg/L WWT 9710 Chloramination 6omg/L Blended Phosphates Trade Designation Product Function Max Use AquaPure 3627 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3628 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3637 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3646 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3664 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3672 Corrosion & Scale Control 25mg/1 Sequestering AquaPure 3673 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3682 Corrosion & Scale Control 25mg/1 Sequestering AquaPure 3691 Corrosion & Scale Control 25mg/L Sequestering Aquapure 3610 Corrosion & Scale Control 25mg/L Sequestering Aquapure 3619 Corrosion & Scale Control 25mg/L Sequestering Aquapure 3655 Corrosion & Scale Control 25mg/L Sequestering Chlorine[CL] Trade Designation Product Function Max Use Chlorine, Liquified Gas Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Citric Acid[i] Trade Designation Product Function Max Use Citric Acid 50% Membrane Cleaner NA Citric Acid Solution Membrane Cleaner NA 549 [1] These products are designed to be used off-line and flushed out prior to using the system for drinking water, following manufacturer's use instructions. The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. Ferric Chloride Product Function Max Use Trade Designation Product Function Max Use Ferric Chloride 38-42% Coagulation & Flocculation 25omg/L Ferric Chloride Liquid Coagulation & Flocculation 250 mg/L Ferric Chloride Solution Coagulation & Flocculation 250 mg/L Iron (III) Chloride Solution Coagulation & Flocculation 25omg/L Iron Trichloride Solution Coagulation & Flocculation 25omg/L Ferric Sulfate Corrosion & Scale Control 44mg/L Trade Designation Product Function Max Use Ferri -Floc Liquid Coagulation & Flocculation 500 mg/L Ferric Sulfate Coagulation & Flocculation 500 mg/L Fluosilicic Acid Corrosion & Scale Control 44mg/L Trade Designation Product Function Max Use Hydrofluosilicic Acid 23% Fluoridation 5 mg/L Hydrochloric Acid Trade Designation Product Function Max Use Hydrochloric Acid 15% Corrosion & Scale Control 8omg/L Hydrogen Peroxide 32%[3] pH Adjustment 3.3mg/L Hydrochloric Acid 20 BE Corrosion & Scale Control 44mg/L Hydrochloric Acid 28% Corrosion & Scale Control 5omg/L Hydrochloric Acid 31.45% Corrosion & Scale Control 44mg/L Hydrochloric Acid 32% Corrosion & Scale Control 44mg/L Muriatic Acid Corrosion & Scale Control 44mg/L Muriatic Acid 1o% Corrosion & Scale Control 138mg/L Muriatic Acid 15% Corrosion & Scale Control 8omg/L pH Adjustment Muriatic Acid 20 DEG BE Corrosion & Scale Control 44mg/L Muriatic Acid 22 DEG BE Corrosion & Scale Control 4omg/L Hydrogen Peroxide [HP] Trade Designation Product Function Max Use Hydrogen Peroxide 30%[2] Oxidant 3.5mg/L Hydrogen Peroxide 32%[3] Oxidant 3.3mg/L Hydrogen Peroxide 35%[4] Oxidant 3 mg/L Hydrogen Peroxide 8% Oxidant 13mg/L 550 [2] This product may be used at a maximum use level of 95 mg/L for the following functions: - reoxygenation of treated water - oxidation of organic residuals - oxidation of any reduced products, such as Fe(II) and sulfides Treatment must be followed by chlorination to a chlorine residual no to exceed 4 mg/L, the EPA's proposed maximum residual level. [3] This product may be used at a maximum use level of 90 mg/L for the following functions: - reoxygenation of treated water - oxidation of organic residuals - oxidation of any reduced products, such as Fe(II) and sulfides Treatment must be followed by chlorination to a chlorine residual no to exceed 4 mg/L, the EPA's proposed maximum residual level. [4] This product may be used at a maximum use level of 85 mg/L for the following functions: - reoxygenation of treated water - oxidation of organic residuals - oxidation of any reduced products, such as Fe(II) and sulfides Treatment must be followed by chlorination to a chlorine residual no to exceed 4 mg/L, the EPA's proposed maximum residual level. [HP] Use of this product shall be followed by chlorination to remove levels of hydrogen peroxide. Chlorine residuals shall not exceed 4 mg/L, the EPA's proposed maximum residual level. Miscellaneous Water Supply Products[5] [6] Trade Designation Product Function Max Use Innova Well Cleaning Aid NA Layne RC Well Cleaning Aid N/A Layne RCio Well Cleaning Aid N/A Layne RC15 Well Cleaning Aid N/A [5] These products are designed to be used off-line and flushed out prior to using the system for drinking water, following manufacturer's use instructions. [6] The well is to be properly flushed and drained before being places in service. Monosodium Orthophosphate Trade Designation AquaPure 36o1 Phosphoric Acid Trade Designation Aquapure Ortho Phosphoric Acid (36% PO4) Phosphoric Acid 75 Product Function Max Use Corrosion & Scale Control 25mg/L Sequestering Product Function Max Use Corrosion & Scale Control 26mg/L Corrosion & Scale Control 26mg/L Corrosion & Scale Control 13mg/L 551 Polyaluminum Chloride[AL] Trade Designation Brennfloc CC 2818 Brennfloc CC2358 Prestofloc C-50 Product Function Max Use Coagulation & Flocculation 25omg/L Coagulation & Flocculation loomg/L Coagulation & Flocculation 250 mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Polyamines [PY] Trade Designation Brennfloc CP 7452P Product Function Max Use Coagulation & Flocculation 2omg/L [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Polymer Blends[AL] [PY] Trade Designation Brennfloc BC 2376 Product Function Max Use Coagulation & Flocculation 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Sodium Bisulfite[7] Trade Designation Sodium Bisulfite 19-44% Product Function Max Use Dechlorinator & Antioxidant 46mg/L [7] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). Sodium Carbonate Trade Designation Product Function Max Use Soda Ash 15% Corrosion & Scale Control 667mg/L pH Adjustment Sodium Carbonate 15% Corrosion & Scale Control 667mg/L pH Adjustment 552 Sodium Chlorite[8] [CL] Trade Designation Product Function Max Use Sodium Chlorite Chlorine Dioxide Production 14mg/L Sodium Chlorite 31.25% Chlorine Dioxide Production 22mg/L [8] These products are certified for use in chlorine dioxide generation. [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Hydroxide[9] Trade Designation Caustic Soda 20% Caustic Soda 25% Caustic Soda 50% Caustic Sodia 30% Sodium Hydroxide 20% Sodium Hydroxide 25% Sodium Hydroxide 30% Sodium Hydroxide 50% Product Function Max Use Corrosion & Scale Control 250 mg/L Corrosion & Scale Control 200 mg/L Corrosion & Scale Control loo mg/L Corrosion & Scale Control 166mg/L Corrosion & Scale Control 25omg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 166mg/L Corrosion & Scale Control loomg/L [9] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[HY] Trade Designation Chem Bleach Household SNO-GLO BLEACH Sno-Glo lo% Bleach Sodium Hypochlorite lo% Sodium Hypochlorite 12.5% Sodium Hypochlorite 12.5% NSF Sodium Hypochlorite 5.25% Solution Product Function Max Use Disinfection & Oxidation 2oomg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 84 mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation 2oomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. 553 Sodium Permanganate[PO] Trade Designation Product Function Max Use Sodium Permanganate Oxidant 176mg/L Sodium Permanganate 20% Oxidant 176mg/L Sodium Permanganate 40% Oxidant 88mg/L Sodium Permanganate Solution Oxidant 176mg/L Sodium Permanganate Solution 15% Oxidant 235mg/L Sodium Permanganate Solution 19% Oxidant 185mg/L [PO] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Sodium Polyphosphates, Glassy Trade Designation Product Function Max Use AquaPure SH 36 Corrosion & Scale Control 25mg/L Sodium Silicate Trade Designation Product Function Max Use N Sodium Silicate Solution Corrosion & Scale Control 42mg/L Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid 35% Corrosion & Scale Control 133mg/L Sulfuric Acid 38.5% Corrosion & Scale Control 121mg/L Sulfuric Acid 50% Corrosion & Scale Control 93mg/L Sulfuric Acid 78% Corrosion & Scale Control 6omg/L Sulfuric Acid 93% Corrosion & Scale Control 5omg/L Tetrapotassium Pyrophosphate Trade Designation Product Function Max Use Tetrapotassium Pyrophosphate 6o% Solution Corrosion & Scale Control 29mg/L Sequestering [CP] The finished drinking water shall be monitored to ensure that levels of copper do not exceed 1.3 mg/L. Facility: Louisville, KY Sodium Hypochlorite[HY] 554 Trade Designation Product Function Max Use Sodium Hypochlorite 12.5% Disinfection & Oxidation 43mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Charlotte, NC Sodium Hydroxide[i] Trade Designation Product Function Max Use Sodium Hydroxide 30% Corrosion & Scale Control 166mg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Miscellaneous Chemical Products[PY] Trade Designation RobinFloc 1212 Product Function Max Use Coagulation & Flocculation 15mg/L [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Sodium Hypochlorite[HY] Trade Designation Product Function Max Use Sodium Hypochlorite 12.5% Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. 555 Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid Corrosion & Scale Control 5omg/L Caustic Soda 25% pH Adjustment 2oomg/L Sulfuric Acid 15% Corrosion & Scale Control 26omg/L Sodium Hydroxide 25% pH Adjustment 2oomg/L Sulfuric Acid 38.5% Corrosion & Scale Control 12omg/L Corrosion & Scale Control pH Adjustment Corrosion & Scale Control Sulfuric Acid 66 BE Corrosion & Scale Control 5omg/L pH Adjustment Sulfuric Acid 66 DEG Corrosion & Scale Control 5omg/L pH Adjustment Sulfuric Acid 78% Corrosion & Scale Control 6omg/L pH Adjustment Sulfuric Acid 93% Corrosion & Scale Control 5omg/L pH Adjustment Sodium Hydroxide[il Trade Designation Product Function Max Use Caustic Soda 20% Corrosion & Scale Control 25omg/L Caustic Soda 25% Corrosion & Scale Control 2oomg/L Caustic Soda 30% Corrosion & Scale Control 166mg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Hydrochloric Acid Trade Designation Hydrochloric Acid 15% Muriatic Acid 15% Hydrochloric Acid 20 BE Hydrochloric Acid 31.45% Hydrochloric Acid 32% Muriatic Acid Muriatic Acid 10 % Muriatic Acid 20 DEG BE Muriatic Acid 22 DEG BE Miscellaneous Chemical Products[PY] Product Function Max Use pH Adjustment 8omg/L Corrosion & Scale Control pH Adjustment 8omg/L Corrosion & Scale Control Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 138mg/L Corrosion & Scale Control 44mg/L Corrosion & Scale Control 40mg/L 556 Trade Designation Robin 3000 Product Function Max Use Coagulation & Flocculation 15mg/L [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid 50% Corrosion & Scale Control 93mg/L pH Adjustment Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda 50% Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Hydrochloric Acid Trade Designation Hydrochloric Acid 28 Facility: Durham, NC Ammonium Sulfate Trade Designation Ammonium Sulfate 38.5% Sol Ammonium Sulfate 40% Ammonium Sulfate 40% Sol W ff 9710 Sodium Hypochlorite[HY] Trade Designation Sodium Hypochlorite 12.5% Product Function Max Use Corrosion & Scale Control 5omg/L Product Function Max Use Chloramination 6omg/L Chloramination 6omg/L Chloramination 6omg/L Chloramination 6omg/L Product Function Max Use Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and 557 Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Greensboro, NC Hydrogen Peroxide[HP] Trade Designation Product Function Max Use Hydrogen Peroxide 30% Disinfection & Oxidation 3.5mg/L Hydrogen Peroxide 32% Disinfection & Oxidation 3.3mg/L Hydrogen Peroxide 35% Disinfection & Oxidation 3mg/L Hydrogen Peroxide 50% Disinfection & Oxidation 2.1mg/L Hydrogen Peroxide 8% Disinfection & Oxidation 13mg/L [HP] Use of this product shall be followed by chlorination to remove levels of hydrogen peroxide. Chlorine residuals shall not exceed 4 mg/L, the EPA's proposed maximum residual level. Miscellaneous Corrosion Chemicals[i] Trade Designation Aquapure ® ZOP 1237 Product Function Max Use Corrosion & Scale Control 15mg/L [1] Based on an evaluation of health effects data, the level of zinc in the finished drinking water should not exceed 2.0 mg/L. Sodium Hypochlorite[HY] Trade Designation Product Function Max Use Sodium Hypochlorite 12.5% Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Wilmington, NC 558 Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda 25% pH Adjustment 2oomg/L Caustic Soda 50% pH Adjustment ioomg/L Sodium Hydroxide 25% pH Adjustment 2oomg/L Sodium Hydroxide 50% pH Adjustment ioomg/L NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. Facility: Charleston, SC Sodium Hydroxide[i] Trade Designation Caustic Soda 50% Product Function Corrosion & Scale Control pH Adjustment Max Use ioomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Chattanooga, TN Aluminum Sulfate[AL] Trade Designation Product Function Max Use Aluminum Sulfate Solution Coagulation & Flocculation iso mg/L Liquid Alum Coagulation & Flocculation iso mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Chlorine [CL] Trade Designation Chlorine, Liquified Gas Product Function Disinfection & Oxidation Max Use 30 mg/L 559 [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Citric Acid[41 Trade Designation Product Function Max Use Citric Acid 50% Membrane Cleaner NA Citric Acid Solution Membrane Cleaner NA [4] This product is designed to be used off-line and flushed prior to using the system for drinking water, following manufacturer's use instructions. The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. Ferric Chloride Product Function Max Use Trade Designation Product Function Max Use Ferric Chloride 38-42% Coagulation & Flocculation 25omg/L Ferric Chloride Liquid Coagulation & Flocculation 250 mg/L Ferric Chloride Solution Coagulation & Flocculation 250 mg/L Iron (III) Chloride Solution Coagulation & Flocculation 25omg/L Iron Trichloride Solution Coagulation & Flocculation 25omg/L Ferric Sulfate Corrosion & Scale Control 44mg/L Trade Designation Product Function Max Use Ferri -Floc Liquid Coagulation & Flocculation 500 mg/L Ferric Sulfate Coagulation & Flocculation 500 mg/L Fluosilicic Acid Trade Designation Product Function Max Use Hydrofluosilicic Acid 23% Fluoridation 5mg/L Hydrochloric Acid Trade Designation Product Function Max Use Hydrochloric Acid 20 BE Corrosion & Scale Control 44mg/L Hydrochloric Acid 28% Corrosion & Scale Control 5omg/L Hydrochloric Acid 31.45% Corrosion & Scale Control 44mg/L Hydrochloric Acid 32% Corrosion & Scale Control 44mg/L Muriatic Acid Corrosion & Scale Control 44mg/L Muriatic Acid 1o% Corrosion & Scale Control 138mg/L Muriatic Acid 20 DEG BE Corrosion & Scale Control 44mg/L Muriatic Acid 22 DEG BE Corrosion & Scale Control 4omg/L Hydrogen Peroxide [HP] Trade Designation Product Function Max Use 560 Hydrogen Peroxide 30%[1] Oxidant 3.5mg/L Hydrogen Peroxide 32%[2] Oxidant 3.3mg/L Hydrogen Peroxide 8% Oxidant 13mg/L [1] This product may be used at a maximum use level of 95 mg/L for the following functions: - reoxygenation of treated water - oxidation of organic residuals - oxidation of any reduced products, such as Fe(II) and sulfides Treatment must be followed by chlorination to a chlorine residual no to exceed 4 mg/L, the EPA's proposed maximum residual level. [2] This product may be used at a maximum use level of 90 mg/L for the following functions: - reoxygenation of treated water - oxidation of organic residuals - oxidation of any reduced products, such as Fe(II) and sulfides Treatment must be followed by chlorination to a chlorine residual no to exceed 4 mg/L, the EPA's proposed maximum residual level. [HP] Use of this product shall be followed by chlorination to remove levels of hydrogen peroxide. Chlorine residuals shall not exceed 4 mg/L, the EPA's proposed maximum residual level. Polyaluminum Chloride[AL] Trade Designation Brennfloc BC 238o Product Function Max Use Coagulation & Flocculation 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Polymer Blends[PY] Trade Designation Product Function Max Use ICS 7191 Coagulation & Flocculation 258mg/L ICS 7201 Coagulation & Flocculation 49omg/L [PY] Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Sodium Hydroxide[3] Trade Designation Product Function Max Use Caustic Soda 20% Corrosion & Scale Control 250 mg/L Caustic Soda 25% Corrosion & Scale Control 200 mg/L Caustic Soda 50% Corrosion & Scale Control loo mg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L 561 Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [3] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[IM Trade Designation Chem Bleach Household SNO-GLO BLEACH Sno-Glo 1o% Bleach Sodium Hypochlorite 12.5% Sodium Hypochlorite 5.25% Solution Sodium Hypochlorite, 1o% Product Function Max Use Disinfection & Oxidation 2oomg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 84 mg/L Disinfection & Oxidation 2oomg/L Disinfection & Oxidation 105 mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Distribution Center - Chattanooga, TN Sodium Bisulfite[i] Trade Designation Sodium Bisulfite 19-44% Product Function Max Use Dechlorinator & Antioxidant 46mg/L [1] This product contains sulfite. Sulfites have been known to cause potentially lethal allergic reactions in sulfite -sensitive individuals. The maximum recommended allowable residual sulfite level in the finished drinking water is 100 ppb (0.1 mg/L). Sodium Hydroxide[2] Trade Designation Caustic Soda 50 Sodium Hydroxide 50% Sodium Hydroxide 55% Product Function Corrosion & Scale Control Corrosion & Scale Control Corrosion & Scale Control Max Use loomg/L loomg/L loomg/L 562 [2] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Facility: Memphis, TN Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda 20% Corrosion & Scale Control 25omg/L Caustic Soda 25% Corrosion & Scale Control 2oomg/L Caustic Soda 50% Corrosion & Scale Control loomg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[IM Trade Designation Product Function Max Use Sodium Hypochlorite 12.5% Disinfection & Oxidation 40mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Trade Designation Sulfuric Acid 35% Sulfuric Acid 38.5% Sulfuric Acid 50% Sulfuric Acid 66 BE Sulfuric Acid 66 DEG Sulfuric Acid 78% Sulfuric Acid 93% Product Function Max Use Corrosion & Scale Control 133mg/L Corrosion & Scale Control 121mg/L Corrosion & Scale Control 93mg/L Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 6omg/L Corrosion & Scale Control 5omg/L 563 Facility: Richmond, VA Sodium Hypochlorite[HY] Trade Designation Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 84mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Facility: Nitro, WV Aluminum Sulfate[AL] Trade Designation Aluminum Sulfate 50% Aluminum Sulfate 50% SOLN Aluminum Sulfate 50% Solution Aluminum Sulfate Solution Liquid Alum Product Function Max Use Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 150 mg/L Coagulation & Flocculation 150 mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Polyaluminum Chloride[AL] Trade Designation Product Function Max Use Brennfloc BC 238o Coagulation & Flocculation 2oomg/L Brennfloc BC 2381 Coagulation & Flocculation 2oomg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Potassium Hydroxide Trade Designation Caustic Potash 45% Product Function Corrosion & Scale Control Max Use loo mg/L 564 Potassium Hydroxide Sodium Hydroxide[i] Trade Designation Caustic Soda 20% Caustic Soda 25% Caustic Soda 30% Caustic Soda 50% Sodium Hydroxide 20% Sodium Hydroxide 25% Sodium Hydroxide 30% Sodium Hydroxide 50% Corrosion & Scale Control loo mg/L Product Function Max Use Corrosion & Scale Control 250 mg/L Corrosion & Scale Control 200 mg/L Corrosion & Scale Control 167 mg/L Corrosion & Scale Control loo mg/L Corrosion & Scale Control 25omg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 167mg/L Corrosion & Scale Control ioomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Facility: St. Albans, WV Aluminum Sulfate[AL] Trade Designation Liquid Alum Product Function Max Use Coagulation & Flocculation iso mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Chlorine[CL] Trade Designation Chlorine, Liquified Gas Product Function Max Use Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda 20% Corrosion & Scale Control 250 mg/L Caustic Soda 25% Corrosion & Scale Control 200 mg/L Caustic Soda 50% Corrosion & Scale Control loo mg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L Sodium Hydroxide 25% Corrosion & Scale Control 2oomg/L 565 Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[IM Trade Designation SNO-GLO BLEACH Sno-Glo 1o% Bleach Sodium Hypochlorite 1o% Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 105 mg/L Disinfection & Oxidation 84 mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Kansas City North Sodium Hydroxide[l] Trade Designation Caustic Soda 2o% All Grades Caustic Soda 25% All Grades Caustic Soda 50% All Grades Product Function Max Use Corrosion & Scale Control 25omg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Facility: Kansas City South Sodium Hydroxide[i] Trade Designation Product Function Max Use 566 Caustic Soda 20% Corrosion & Scale Control 25omg/L Caustic Soda 25% Corrosion & Scale Control 2oomg/L Caustic Soda 50% Corrosion & Scale Control loomg/L Sodium Hydroxide 20% Corrosion & Scale Control 25omg/L Sodium Hydroxide 25% Corrosion & Scale Control 25omg/L Sodium Hydroxide 50% Corrosion & Scale Control loomg/L [1] Trade designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Hypochlorite[IM Trade Designation Chem Bleach Household SNO-GLO-BLEACH Sno-Glo 1o% Sodium Hypochlorite 1o% Sodium Hypochlorite 12.5% Sodium Hypochlorite 5.25% Solution Product Function Max Use Disinfection & Oxidation 2oomg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 105mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation 2oomg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid Corrosion & Scale Control 5omg/L pH Adjustment Sulfuric Acid 50% Corrosion & Scale Control 93mg/L pH Adjustment Sulfuric Acid 66 Degree Corrosion & Scale Control 5omg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: St. Louis, MO - Chouteau Aluminum Chlorohydrate[AL] 567 Trade Designation Brennfloc 4000 Brennfloc BC4105[PY] Product Function Max Use Coagulation & Flocculation 25omg/L Coagulation & Flocculation 31mg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CER 141.111 requirements for percent monomer and dose. Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide 19% Chloramination lomg/L Ammonium Sulfate Trade Designation Product Function Max Use Ammonium Sulfate Chloramination 6omg/L Ammonium Sulfate Solution Chloramination 6omg/L Blended Corrosion Inhibitor Trade Designation Product Function Max Use Robin Phos PO -2 Corrosion & Scale Control 20 mg/L Sequestering Blended Phosphates Trade Designation Product Function Max Use AquaPure 3637 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3655 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3673 Corrosion & Scale Control 25mg/L Sequestering AquaPure 3691 Corrosion & Scale Control 25mg/L Sequestering Robin Phos PO -73 Corrosion & Scale Control 25 mg/L Sequestering Miscellaneous Chemical Products Trade Designation Product Function Max Use Brennfloc 4220[AL] Coagulation & Flocculation 25omg/L Brennfloc 4420[AL] [PY] Coagulation & Flocculation loomg/L Brennfloc 442oH[AL] [PY] Coagulation & Flocculation loomg/L Robin 3000 Coagulation & Flocculation 15mg/L RobinFloc 1212 Coagulation & Flocculation 15mg/L Robinfloc 2000[PY] Coagulation & Flocculation 15mg/L 568 [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CER 141.111 requirements for percent monomer and dose. Miscellaneous Water Supply Products Trade Designation Citric Acid 30-50%[1] [2] Product Function Membrane Cleaner Max Use NA [1] This product is designed to be used off-line and flushed out prior to using the system for drinking water, following manufacturer's use instructions. [2] The pH of the influent and effluent water should be monitored to ensure that all traces of the product have been removed before placing into service. Monosodium Orthophosphate Trade Designation AquaPure 36oi Product Function Corrosion & Scale Control Poly (Diallyldimethylammonium Chloride)(pDADMAC) Trade Designation Product Function Brennfloc CP 7215P Coagulation & Flocculation Robin uo Coagulation & Flocculation Robin 120 Coagulation & Flocculation Robin 220 Coagulation & Flocculation RobinFloc 4325 Coagulation & Flocculation RobinFloc 4728 Coagulation & Flocculation Polyaluminum Chloride[AL] Trade Designation Aluminum Chloride Hydroxide Aqueous Solution Aluminum Chlorohydrate Aqueous Solution Brennfloc 4000 Robin AC -loo RobinFloc 4708 Product Function Coagulation & Flocculation Coagulation & Flocculation Coagulation & Flocculation Coagulation & Flocculation Coagulation & Flocculation Max Use 25mg/L Max Use ioomg/L ioomg/L 50 mg/L 5omg/L ioomg/L 96mg/L Max Use 250 mg/L 250 mg/L 25omg/L 250 mg/L 25omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Polymer Blends[AL] [PY] Trade Designation AC 2602 PA Product Function Max Use Coagulation & Flocculation 5omg/L 569 Brennfloc BC 4101 Polyaluminum Sulfate Polyaluminum Sulfate Polymer Emulsion Robin AC 110 Robin AC -3545 Robin AS -110 Robin AS -120 Robin AS -140 Robin FR -2003 RobinFloc 4707 RobinFloc 4714 RobinFloc 4715 RobinFloc 4725 RobinFloc 4740 Coagulation & Flocculation 66mg/L Coagulation & Flocculation iso mg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 130 mg/L Coagulation & Flocculation 50 mg/L Coagulation & Flocculation 150 mg/L Coagulation & Flocculation 150 mg/L Coagulation & Flocculation loo mg/L Coagulation & Flocculation 2omg/L Coagulation & Flocculation loomg/L Flocculant Coagulation & Flocculation 238mg/L Coagulation & Flocculation 156mg/L Coagulation & Flocculation 155mg/L Coagulation & Flocculation 68mg/L Flocculant [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. [PY] Polyamines Certified by NSF International comply with 40 CER 141.111 requirements for percent monomer and dose. Sodium Permanganate[MN1 Trade Designation Sodium Permanganate Sodium Permanganate Solution Sodium Permanganate Solution 15% Sodium Permanganate Solution 19% Product Function Max Use Oxidant 176mg/L Oxidant 176mg/L Oxidant 235mg/L Oxidant 185mg/L [MN] The finished drinking water should be monitored to ensure that levels of manganese do not exceed .05 mg/L. Sodium Polyphosphates, Glassy Trade Designation AquaPure SH 36 Robin Phos P-1 SHMP Sodium Hexametaphosphate Sodium Polyphosphate Product Function Max Use Corrosion & Scale Control 25mg/L Corrosion Control 28 mg/L Sequestering Corrosion Control 28mg/L Sequestering Corrosion Control 28mg/L Sequestering Corrosion Control 28mg/L Sequestering 570 Sodium Polyphosphates Glassy Facility: St. Louis, MO - Soper Aluminum Sulfate[AL] Trade Designation Aluminum Sulfate Liquid Aluminum Sulfate Solution Dialuminum Sulfate Solution Liquid Alum Polyaluminum Sulfate Solution Corrosion Control 28mg/L Sequestering Product Function Max Use Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L Coagulation & Flocculation 15omg/L [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride 38-42% Coagulation & Flocculation 25omg/L Ferric Chloride Liquid Coagulation & Flocculation 25omg/L Ferric Chloride Solution Coagulation & Flocculation 25omg/L Iron (III) Chloride Solution Coagulation & Flocculation 25omg/L Iron Trichloride Solution Coagulation & Flocculation 25omg/L Ferric Sulfate Trade Designation Product Function Max Use Ferric Sulfate Solution Coagulation & Flocculation 5oomg/L Iron (III) Sulfate Solution Coagulation & Flocculation 5oomg/L Iron Persulfate Solution Coagulation & Flocculation 5oomg/L Sodium Hydroxide[i] Trade Designation Product Function Max Use Caustic Soda io% Corrosion & Scale Control 5oomg/L pH Adjustment Caustic Soda 20% Corrosion & Scale Control 25omg/L pH Adjustment Caustic Soda 25% Corrosion & Scale Control 2oomg/L pH Adjustment Caustic Soda 30% Corrosion & Scale Control 166mg/L pH Adjustment Caustic Soda 50% Corrosion & Scale Control ioomg/L pH Adjustment 571 Sodium Hydroxide io% Sodium Hydroxide 20% Sodium Hydroxide 25% Sodium Hydroxide 30% Sodium Hydroxide 50% Corrosion & Scale Control 50omg/L pH Adjustment Sodium Permanganate Corrosion & Scale Control 25omg/L pH Adjustment Oxidant Corrosion & Scale Control 2oomg/L pH Adjustment 185mg/L Corrosion & Scale Control 166mg/L pH Adjustment Sodium Permanganate 40% Corrosion & Scale Control ioomg/L pH Adjustment Oxidant [1] Trade Designation may be followed by a three digit alpha suffix to designate the chlor -alkali electrolytic cell category/grade. Sodium Permanganate[PO] Trade Designation Product Function Max Use Sodium Permanganate Oxidant 176mg/L Sodium Permanganate 15% Oxidant 235mg/L Sodium Permanganate 19% Oxidant 185mg/L Sodium Permanganate 20% Oxidant 176mg/L Sodium Permanganate 40% Oxidant 88mg/L Sodium Permanganate Solution Oxidant 176mg/L [PO] The finished drinking water shall be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Sulfuric Acid Trade Designation Sulfuric Acid Sulfuric Acid 66 Sulfuric Acid 66 Baume Sulfuric Acid 66Be Sulfuric Acid 93% Product Function Max Use Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 5omg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, packing, and/or documentation shipped with the product are Certified. 572 Number of matching Manufacturers is 1 Number of matching Products is 525 Processing time was o seconds 573 NSF. The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Wednesday, August o2, 2023 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http_/ /info. nsf.org/Certified/PwsChemicals/Listings. asp?Company=C031$434&Standard=o 60& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Dodhia Chem -Tex Pvt. Ltd. 98/2, Dodhia House, New Mavjil Compound Narpoli, Behind Ratan Talkies, Dist. Thane, Bhiwandi, Maharashtra 421302 India 91996 0864000 Visit this company's website (httpJ/www.dodhiagroup.com). Facility: Maharashtra, India Calcium Hypochlorite[CL] Trade Designation Bleaching Powder Calcium Hypochlorite Calcium Oxychloride Chlorinated Lime Hi Clear Product Function Max Use Disinfection & Oxidation 13mg/L Algicide Disinfection & Oxidation 13mg/L Algicide Disinfection & Oxidation 13mg/L Algicide Disinfection & Oxidation 13mg/L Algicide Disinfection & Oxidation 13mg/L Algicide 574 Stable Bleaching Powder Disinfection & Oxidation 13mg/L Algicide [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 1 Number of matching Products is 6 Processing time was o seconds 575 NSF. The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Wednesday, August o2, 2023 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http_/ /info. nsf.org/Certified/PwsChemicals/Listings. asp?Company=3663 o&Standard= 060& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Westlake Chemicals & Vinyls LLC 2801 Post Oak Boulevard Suite 600 Houston, TX 77056 United States 713-960-9111 Facility: Sauget, IL Calcium Hypochlorite[CLI Trade Designation Product Function Max Use Accu -Tab Blue Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Accu -Tab Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Accu -Tab SI Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Accu -Tab Wastewater Tablets Disinfection & Oxidation 15mg/L Accu -Tab White Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Calcium Hypochlorite Disinfection & Oxidation 15mg/L Chloropast 106o Disinfection & Oxidation 15mg/L Induclor Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Induclor Calcium Hypochlorite Tablets (Indutabs Disinfection & Oxidation 15mg/L SI) Induclor Calcium Hypochlorite Tablets (Indutabs) Disinfection & Oxidation 15mg/L Indutab SI Calcium Hypochlorite Tablets Disinfection & Oxidation 15mg/L Leslie's Power Pro Tabs Disinfection & Oxidation 15mg/L 576 PML Pool Management Line Calcium Hypochlorite Disinfection & Oxidation 15mg/L Tablets Pittabs Disinfection & Oxidation 15mg/L Prestotabs Dry Chlorinating Tablets Disinfection & Oxidation 15mg/L Repak Dry Chlorinating Tablets Disinfection & Oxidation 15mg/L VersaChlor System Chlorinating Tablets Disinfection & Oxidation 15mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Bisulfate Trade Designation Acid -Rite Tablets Facility: Plaquemine, LA Chlorine [CL] Trade Designation Liquid Chlorine Product Function Max Use pH Adjustment 5oomg/L Product Function Max Use Disinfection & Oxidation 3omg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Sodium Hydroxide Trade Designation Caustic Soda 50% ET -50 Liq Cau Soda ETSo Bulk Sodium Hydroxide 50% Facility: Westlake, LA / Lake Charles, LA Chlorine [CL] Trade Designation Chlorine Product Function Max Use Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 2oomg/L Product Function Max Use Disinfection & Oxidation 30 mg/L 577 [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Hydrochloric Acid Trade Designation Product Function Max Use HCL Corrosion & Scale Control 4omg/L CAU SODA PELS 200o LB BULK BAG pH Adjustment loo mg/L Hydrochloric Acid Corrosion & Scale Control 4omg/L CAU SODA PELS Soo LB POLY DRUM pH Adjustment loo mg/L Hydrogen Chloride Corrosion & Scale Control 4omg/L CAU SODA PELS BULK pH Adjustment loo mg/L Muriatic Acid (7-23 Baume) Corrosion & Scale Control 4omg/L ET -50 pH Adjustment 2oomg/L Sodium Hydroxide Trade Designation Product Function Max Use CAU SODA PELS 1737 LB BULK BAG Corrosion & Scale Control loo mg/L CAU SODA PELS 200o LB BULK BAG Corrosion & Scale Control loo mg/L CAU SODA PELS 5o LB BAG Corrosion & Scale Control loo mg/L CAU SODA PELS Soo LB POLY DRUM Corrosion & Scale Control loo mg/L CAU SODA PELS Soo LB S DRUM Corrosion & Scale Control loo mg/L CAU SODA PELS BULK Corrosion & Scale Control loo mg/L Caustic Soda -50% Corrosion & Scale Control 200 mg/L ET -50 Corrosion & Scale Control 2oomg/L LIQ CAU SODA-MEM7o BULK Corrosion & Scale Control 16omg/L Liquid Caustic Soda -50% Corrosion & Scale Control 2oomg/L MEM -50 Corrosion & Scale Control 2oomg/L PELS® Caustic Soda Beads Corrosion & Scale Control ioomg/L Sodium Hydroxide -50% Corrosion & Scale Control 200 mg/L Facility: Distribution Center - Bayonne, NJ Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda -25% Corrosion & Scale Control 40omg/L Caustic Soda -50% Corrosion & Scale Control 2oomg/L LIQ CAU SODA-ET5o BULK Corrosion & Scale Control 2oomg/L Liquid Caustic Soda -25% Corrosion & Scale Control 40omg/L Liquid Caustic Soda -50% Corrosion & Scale Control 2oomg/L Liquid caustic soda - ET5o Bulk Corrosion & Scale Control 2oomg/L Sodium Hydroxide -25% Corrosion & Scale Control 40omg/L 578 Sodium Hydroxide -50% Corrosion & Scale Control 2oomg/L Facility : Distribution Center - Philadelphia, PA Sodium Hydroxide Trade Designation Product Function Max Use ET -5o Diaphragm Grade Liquid Caustic Soda Corrosion & Scale Control 2oomg/L Liquid Caustic Soda -1o% Corrosion & Scale Control l000mg/L Liquid Caustic Soda -12.5% Corrosion & Scale Control 800mg/L Liquid Caustic Soda -15% Corrosion & Scale Control 667mg/L Liquid Caustic Soda -18% Corrosion & Scale Control 556mg/L Liquid Caustic Soda -20% Corrosion & Scale Control 5oomg/L Liquid Caustic Soda -25% Corrosion & Scale Control 40omg/L Liquid Caustic Soda -30% Corrosion & Scale Control 333mg/L Liquid Caustic Soda -35% Corrosion & Scale Control 286mg/L Liquid Caustic Soda -50% Corrosion & Scale Control 2oomg/L Sodium Hydroxide -lo% Corrosion & Scale Control l000mg/L Sodium Hydroxide -12.5% Corrosion & Scale Control 800mg/L Sodium Hydroxide -15% Corrosion & Scale Control 667mg/L Sodium Hydroxide -18% Corrosion & Scale Control 556mg/L Sodium Hydroxide -20% Corrosion & Scale Control 5oomg/L Sodium Hydroxide -25% Corrosion & Scale Control 40omg/L Sodium Hydroxide -30% Corrosion & Scale Control 333mg/L Sodium Hydroxide -35% Corrosion & Scale Control 286mg/L Sodium Hydroxide -50% Corrosion & Scale Control 2oomg/L Facility: Longview, WA Chlorine [CL] Trade Designation Product Function Max Use Chlorine Disinfection & Oxidation 3omg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Hydrochloric Acid Trade Designation HCL Product Function Corrosion & Scale Control pH Adjustment Max Use 4omg/L 579 Hydrochloric Acid Corrosion & Scale Control 4omg/L pH Adjustment Hydrogen Chloride Corrosion & Scale Control 4omg/L pH Adjustment Muriatic Acid (7-23 deg Baume) Corrosion & Scale Control 4omg/L pH Adjustment Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda 25% pH Adjustment 40omg/L All -Clear Shock Clear Scale Control 15mg/L Caustic Soda 32% pH Adjustment 312mg/L Calcium Hypochlorite Scale Control 15 mg/L Caustic Soda 50% pH Adjustment 2oomg/L Induclor 70 Calcium Hypochlorite Granules Scale Control 14 mg/L Facility: New Martinsville (Natrium), WV Calcium Hypochlorite[CL] Trade Designation Product Function Max Use All -Clear ChlorRight Disinfection & Oxidation 15mg/L All -Clear Shock Clear Disinfection & Oxidation 15mg/L AmeriChlor Calcium Hypochlorite Granules Disinfection & Oxidation 15mg/L Calcium Hypochlorite Disinfection & Oxidation 15 mg/L Freestyle Calcium Hypochlorite Granular Disinfection & Oxidation 15 mg/L Induclor 70 Calcium Hypochlorite Granules Disinfection & Oxidation 14 mg/L Induclor Dry Chlorinating Granules Disinfection & Oxidation 15 mg/L Leslie's Power Powder Pro Disinfection & Oxidation 14 mg/L Omega Calcium Hypochlorite Granules Disinfection & Oxidation 15mg/L Pittclor Dry Chlorinating Granules Disinfection & Oxidation 15 rng/L Prestoclor Dry Chlorinating Granules Disinfection & Oxidation 15 mg/L Re -Fresh Dry Chlorinating Granular Disinfection & Oxidation 15mg/L Regal Calcium Hypochlorite Granules Disinfection & Oxidation 15 mg/L Repak + Dry Chlorinating Granules Disinfection & Oxidation 14 mg/L Repak Dry Chlorinating Granules Disinfection & Oxidation 15 mg/L Vanguard Plus Calcium Hypochlorite Granules Disinfection & Oxidation 15 mg/L Zappit 73 Calcium Hypochlorite Granules Disinfection & Oxidation 14mg/L Zappit Dry Chlorinating Granules Disinfection & Oxidation 15 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 580 Chlorine[CL] Trade Designation Chlorine Product Function Max Use Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Hydrochloric Acid Trade Designation Product Function Max Use HCL Corrosion & Scale Control 4omg/L DHT50 Scale Control 2oomg/L Hydrochloric Acid Corrosion & Scale Control 4omg/L Liquid Caustic Soda -50% Scale Control 2oomg/L Hydrogen Chloride Corrosion & Scale Control 4omg/L Pels® Caustic Soda Beads Scale Control ioomg/L Muriatic Acid (7-23 deg Baume) Corrosion & Scale Control 4omg/L Sodium Hydroxide -50% Scale Control 200 mg/L Sodium Hydroxide Trade Designation Product Function Max Use Caustic Soda -50% Corrosion & Scale Control 200 mg/L DHT50 Corrosion & Scale Control 2oomg/L ET -50 Corrosion & Scale Control 2oomg/L Liquid Caustic Soda -50% Corrosion & Scale Control 2oomg/L MC -50 Corrosion & Scale Control 2oomg/L Pels® Caustic Soda Beads Corrosion & Scale Control ioomg/L Pels® Plus Caustic Soda Beads Corrosion & Scale Control ioomg/L Sodium Hydroxide -50% Corrosion & Scale Control 200 mg/L Facility: Beauharnois, Quebec, Canada Chlorine [CL] Trade Designation Product Function Max Use Chlorine Disinfection & Oxidation 30 mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. 581 Hydrochloric Acid Trade Designation Hydrochloric Acid Muriatic Acid Sodium Hydroxide Trade Designation Caustic Soda Liq-mem 50 LIQ CAU SODA-MEM2o BULK Liquid Caustic Soda 20% Liquid Caustic Soda -50% Sodium Hydroxide Solution Sodium Hypochlorite[HY] Trade Designation Hypochlor de sod Hypochlorite, en solution Product Function Max Use Corrosion & Scale Control 40 mg/L Corrosion & Scale Control 40 mg/L Product Function Max Use Corrosion & Scale Control 200 mg/L Corrosion & Scale Control 5oomg/L Corrosion & Scale Control 5oomg/L Corrosion & Scale Control 2oomg/L Corrosion & Scale Control 200 mg/L Product Function Max Use Disinfection & Oxidation 88mg/L Disinfection & Oxidation 88mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage. Number of matching Manufacturers is i Number of matching Products is iii Processing time was o seconds 582 NV Consent Bids and Purchases over $100,000 02/6/2024 Proposed Resolution No. R24-028- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 6, 2024 - "Request for Extensions and/or Piggy -backs." Requested Action: Approve Proposed Resolution No. R24-028. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission, requests for approval to enter into contracts and agreements as the result of formal solicitations, and piggyback governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and anticipated expenditures by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWALAMOUNT ISOLICIATION NUMBER TERM C.A.P. Government, Inc.; Universal Annual Engineering Supplemental Building City of Boynton Beach February Estimated Sciences, LLC Inspections and Plan RFP No. 021-2411- 17,2024- Expenditure Review Services 20/RW February 16, 2025 $400,000 583 Purchase and Vendor December requests an Delivery of Sodium approximately Supplemental Building City of Boynton Beach February 8% increase Calvin, Giordano & Inspections and Plan RFP No. 021-2411- 17,2024- to its rates. Associates, Inc. Review Services 20/RW February Staff 16, 2025 recommends 10, 2024 approval of the rates increase Purchase and Piggyback Palm December Annual Delivery of Sodium Beach County 11,2023- Estimated Morton Salt, Inc. Chloride, Solar Salt Contract No 22- December Expenditure Quality 090R/MB (COBB No. 10, 2024 UTI -23-035)$200,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements, and piggy -backs that are renewed/extended with the same terms and conditions and pricing. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached report. Attachments: R24-028 Approving_one-year_extension_for_Bids_and_or_piggy-backs_over_100_000- _Reso.docx $100K over REQUEST FOR BID EXTENSIONS February 6, 2024 Report Renewal Interest Letter - CAP Government Inc 2024-2025 Signed.pdf Renewal Interest Letter - Universal Engineering Sciences LLC 2024-2025 - Signed.pdf Renewal Interest Letter - Calvin, Giordano & Associates Inc. - 2024-2025 - Signed.pdf Calvin, Giordano & Associates, Inc. - Boynton Beach Rate Increase Request for FY24-25 Palm Beach County Renewal - Morton Salt, Inc. 2023-2024 584 1 RESOLUTION NO. R24-028 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE ONE-YEAR EXTENSION FOR RFPS/RFQS/BIDS 6 AND/OR PIGGY -BACKS FOR THE PROCUREMENT OF SERVICES 7 AND/OR COMMODITIES OVER $100,000, AS DESCRIBED IN THE 8 WRITTEN REPORT FOR FEBRUARY 6, 2024; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Finance/Procurement Department submits requests for award to the 13 Commission; requests for approval to enter into contracts and agreements as the result of 14 formal solicitations; and to piggy -back governmental contracts; and 15 WHEREAS, options to extend or renew are noted in the "Agenda Request Item" 16 presented to the Commission as part of the initial approval process; and 17 WHEREAS, to provide an accurate and efficient method of keeping the City 18 Commission informed of pending renewals and the anticipated expenditures, a monthly 19 summary report of each renewal and/or extension is produced; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 the one-year extension for RFPs/RFQS/Bids and/or piggy -backs for the procurement of 23 services and/or commodities over $100,000 as described in the written report for February 6, 24 2024. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves the one-year extension for 31 RFPs/RFQS/Bids and/or piggy -backs for the procurement of services and/or commodities 32 over $100,000 as described in the written report for February 6, 2024. A copy of the written 33 report for February 6, 2024, is attached hereto and incorporated herein as Exhibit "A." C:\Users\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@FCOA4938\@BCL@FCOA4938.Docx 585 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 6th day of February 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor — Ty Penserga 41 42 Vice Mayor —Thomas Turkin 43 44 Commissioner —Angela Cruz 45 46 Commissioner —Woodrow L. Hay 47 48 Commissioner —Aimee Kelley 49 50 VOTE 51 52 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 64 Shawna G. Lamb 65 City Attorney C:\Users\EASYPD-1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@FCOA4938\@BCL@FCOA4938.Docx :: 29 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 February 6, 2024 REQUESTING DEPARTMENT: Development - Building DEPARTMENT CONTACT: John Kuntzman TERM: February 17, 2024 to February 16, 2025 SOURCE FOR PURCHASE: RFP 021-2411-20/RW ACCOUNT NUMBER: 130-2411-524.49-17 VENDOR(S): C.A.P Government, Inc.; Universal Engineering; Calvin, Giordano & Associates ANNUAL ESTIMATE: $400,000 DESCRIPTION: On February 16, 2021, Commission awarded contracts to three (3) firms, C.A.P. Government, Inc.; Universal Engineering Sciences, Inc.; and Calvin, Giordano & Associates, Inc. based on RFP 021-2411-20/RW for Supplemental Building Inspections and Plan Review Services. These firms provide professional services to fire, building, electrical, mechanical, and plumbing inspections, and plan review on an as -needed basis. The Contract allows for an initial (1) year period with an option to renew for three (3) additional one-year terms. All three (3) firms have agreed to renew the contract for the 3rd one-year renewal term with the same terms and conditions. Calvin, Giordano & Associates request an increase to its rates following the All Urban Consumers Price Index (CPI -U). The vendor requests an approximately 8% increase in its rates. Staff recommends approval of the rate increases. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller TERM: December 11, 2023 to December 10, 2024 SOURCE FOR PURCHASE: Piggyback Palm Beach County Contract No. 22-090RIMB - Purchase and Delivery of Sodium Chloride, Solar Salt Quality (COBB No. UTL23-035) ACCOUNT NUMBER: 401-2811-536.52-35 VENDOR(S): Morton Salt, Inc. ANNUAL ESTIMATE: $200,000 DESCRIPTION: On March 21, 2023, Commission approved the piggyback of Palm Beach County term contract # 22090R (Solicitation #22-090R/MB) with Morton Salt, Inc. for the Purchase and Delivery of Sodium Chloride at the East Water Treatment Plant. The initial term of the Contract was twelve (12) months December 11, 2022 — December 10, 2023, with the option to renew for (4) additional twelve (12) month periods exercised upon mutual written agreement. The vendor has agreed to renew the Agreement for the 1St twelve (12) months term December 11, 2023 — December 10, 2024. The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 December 20, 2023 Carlos A. Penin, P.E. C.A.P. Government, Inc. 343 Almeria Avenue Coral Gables, FL 33134 VIA EMAIL TRANSMITTAL TO: cap _capfla.com RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW CURRENT AGREEMENT TERM: FEBRUARY 17,2023— FEBRUARY 16, 2024 Dear Mr. Penin: The current agreement term for "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" expires on February 16, 2024. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 3rd renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's updated COI via email to prattt _bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742- 6308. Sincerely, Taralyn Pratt Assistant Purchasing Manager America's Gateway to the Gulf Stream 588 The City of Bounton Beach December 20, 2023 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and C.A.P. GOVERNMENT, INC. AGREEMENT RENEWAL TERM: FEBRUARY 17,2024— FEBRUARY 16, 2025 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) C.A.P. GOVERNMENT, INC. NAME OF COMPANY Carlos A. Penin, PE NAME OF REPRESENTATIVE (please print) 12/20/2023 DATE _..'. _" cap at7capfla ccm E-MAIL SIGNATURE President TITLE (305) 448-1711 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 589 The City of Bo nton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.Q. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 December 20, 2023 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and UNIVERSAL ENGINEERING SCIENCES, LLC. AGREEMENT RENEWAL TERM: FEBRUARY 17,2024— FEBRUARY 16, 2025 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-yearterm. No, I do not wish to renew the bid for the following reason(s) ........ ___.. ........... ...... � UNIVERSAL ENGINEERING SCIENCES, LLC ........... NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) a.. .�_�.........�— .—a— DATE E-MAIL 21�11411-��'-�'�\\N � r -1 TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 590 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 December 20, 2023 Maria Pineda Calvin, Giordano & Associates, Inc. 1800 Eller Drive Fort Lauderdale, FL 33316 VIA EMAIL TRANSMITTAL TO: mpineda(a)safebuilt.com; Whudson a_safebuilt.com RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW CURRENT AGREEMENT TERM: FEBRUARY 17,2023— FEBRUARY 16, 2024 Dear Mr. Stone: The current agreement term for "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" expires on February 16, 2024. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 3rd renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's updated COI via email to prattt(cDbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742- 6308. Sincerely, Taralyn Pratt Assistant Purchasing Manager America's Gateway to the Gulf Stream 591 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 December 20, 2023 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and CALVIN, GIORDANO & ASSOCIATES, INC. AGREEMENT RENEWAL TERM: FEBRUARY 17,2024— FEBRUARY 16, 2025 X Yes, I agree to renew the existing agreement under the same terms and conditions with an eight (8) percent increase based on the average increase of the Consumer Price Index for all Urban Consumers (CPI -U) for an additional one-year term. See attached Exhibits A & B. No, I do not wish to renew the bid for the following reason(s) CALVIN, GIORDANO & ASSOCIATES, INC. NAME OF COMPANY David Stambaugh NAME OF REPRESENTATIVE (please print) 01/12/2024 DATE Dstambaugh@cgasolutions.com E -MAI L David E Stambaugh ,2024"0;°1bo8a1510-0500 SIGNATURE Vice President TITLE (954)921-7781 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 592 Building Code Services Civil Engineering / Roadway & Highway Design Coastal Engineering Code Enforcement Construction Engineering & Inspection (CEI) Construction Services Data Technologies & Development Electrical Engineering Engineering Environmental Services Facilities Management Grant Management & Writing Geographic Information Systems (GIS) Governmental Services Indoor Air Quality (IAQ) Landscape Architecture Planning Project Management Redevelopment & Urban Design Surveying & Mapping Transportation & Mobility Transportation Planning Water/ Utilities Engineering Website Development 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 Tel: 954.921.7781 Fax: 954.921.8807 www.cgasolutions.com h� �� Calvin,Giordano Associates,Inc. �A YEARS Po* A SAFIb u it t�i: CO N&IRAIIP' December 20th, 2023 City of Boynton Beach 100 E. Boynton Beach Boynton Beach, Florida 33435 Re: Building Plan Examination and Inspections Services Contract 021-2411-201 RW. Dear Ms. Brown and Mr. Kuntzman, Calvin Giordano & Associates, Inc. is interested in and committed to renewing the Supplemental Building Plan Review and Inspections Contract with the City of Boynton Beach (City). We respectfully request the City's consideration for rate increases for the above-mentioned contract and request to add two (2) new positions which we find beneficial for many municipal building department's permit process. The eight (8) percent increase request is based on an average increase of the Consumer Price Index for all Urban Consumers (CPI -U) (All items) for Miami -Fort Lauderdale -West Palm Beach, as published by the Bureau of Labor Statistics, U.S Department of Labor for 12 -month in 2023, see table provided as Exhibit A. We respectfully request the renewal be based on the new rate sheet attached as part of Exhibit B. Please advise if the renewal terms are acceptable to the City. We look forward to continuing the services and appreciate the relationship with the City of Boynton Beach. Sincerely, Digitally signed by David E David E Stambaugh Stambaugh Date: 2023.12.20 15:32:39-05'00' David Stambaugh, P.E. Vice President of Professional Services Accepted by: Ms. Saleica Brown Development Services Manager Date City of Boynton Beach Cc: Mrs. Taralyn Pratt I Assistant Purchase Manager, John Kuntzman I Deputy BO FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATER / TAMPA ESTERO PORT ST. LUCII 593 Exhibit A Table A. Miami -Fort Lauderdale -West Palm Beach, FL, CPl.0 2 -month and 12 -month percent changes, all items index, not seasonally adjusted The Miami -Fort Lauderdale -West Palm Beach Consumer Price Index for December 2023 is scheduled to be released on Thursday, January 11, 2024, at 8:30 a.m. (ET). 594 2019 2020 2021 2022 2023 Month 2 -month 12 -month 2 -month 12 -month 2 -month 12 -month 2 -month 12 -month 2 -month 12 -month February 1.0 1.2 0.4 1.4 0.8 1.4 2.8 U 2.1 9.2 April 0.8 2.2 -1.0 -0.5 1.6 4.1 1.5 9.1 1.4 9.0 June -0,5 1.2 07 0.7 1.6 5.1 2.5 10.1 0.5 6.9 August 0.4 1.9 1.0 1.4 0.2 4.2 0.4 10.2 1.2 7.8 October 0.4 1.5 0.1 1 0 1.5 5.7 0.9 9.6 0.5 7.4 December -0.2 2.0 -0.2 1.1 1.2 7.1 1.4 9.9 The Miami -Fort Lauderdale -West Palm Beach Consumer Price Index for December 2023 is scheduled to be released on Thursday, January 11, 2024, at 8:30 a.m. (ET). 594 Exhibit B 595 Form L Purchasing Department December 5, 2023 �)o Soutli Military frail, seite i to Morton Salt, Inc. West Palm Beath, IT 334 15-319() Angel Carreno Customer Supply Chain Associate 11 (501 r 6 10- 6800 444 W Lake Ste 3000 FAX: (561) 242-6744 Chicago, IL 60606 www,l)t)c;ti ,ov.c(.)iTi;l)tirc:tiasiiig TERM CONTRACT #22090RA Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF based on: Palm Beach County Board of County [ X ] RENEWAL OF CONTRACT based on SOLICITATION #22-090/MB in Commissioners accordance with all original terms, conditions, specifications and prices with no deviation. Giegg K. Weiss, Mayor Maria Sachs, Vice Mayor The term of this contract is 12111/2023 through 12/10/2024, and has an estimated dollar value of $1,040,000,00. Maria G. Marino If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Michael A, Barnen term of the contract, including any renewals or extensions thereof. Mard Woodward County User Departments will issue individual "Delivery Orders" against this contract Sara Baxter as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Mack Berrmrd XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be County Administrator accessed at https://pbcvssp.co.paIm-beach.fl.us/webapp/vssp/AItSelfService. Failure to comply with the foregoing may result in a delay in processing payment. Ver(leriii C'.. Baker If you have any questions, please contact Marva Brown at mbrown(cDpbcgov.orq or 661-616-6815. Since)--ly, 7 1 - .17 -----?-7 V11 Melody Thelwell Director c: Vernetha Green, Water Utilities File araC/recycled paper 596 7.0 Consent Bids and Purchases over $100,000 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-029- Award Bid No. UTL24-002 for Re -Bid No. UTL24-002 Lime Sludge Removal, Hauling, and Disposal services and authorize the City Manager to sign a Contract and issue a purchase order to the lowest responsive and responsive bidder, Devland Site Paving and Utilities, Inc., for the amount of $199,800. Requested Action: Approve Proposed Resolution No. R24-029. Explanation of Request: Contract Term: February 6, 2024 - February 5, 2026 On October 26, 2023, Purchasing Services issued a Re -Bid for Lime Sludge Removal, Hauling, and Disposal services with a non -mandatory pre-bid meeting held on October 31, 2023, to review the bid specifications with interested and qualified contractors. The purpose of the bid was to obtain firm pricing per cubic yard for the Lime Sludge Removal, Hauling, and Disposal at the East Water Treatment Plant. On November 17, 2023, the City received and electronically opened a total of three (3) submittals to this Bid. The submittals were reviewed by Purchasing Services. The City reserves the right to award the Contract to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. After reviewing the bid proposal submitted by Devland Site Paving and Utilities, Inc., the City's Utilities staff and Purchasing Services recommend this bid be awarded to Devland Site Paving and Utilities, Inc. The City's East Water Treatment Plant utilizes Lime Softening treatment to remove mineral hardness from drinking water. This lime is used to soften the water and attaches to impurities and minerals in the water that produce lime sludge as a byproduct. The initial contract is for two (2) years with the option to renew for three (3) additional one-year terms, subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. 597 Vendor Name Bid Total Bid Proposal #1 Devland Site Paving and $199,800.00 Utilities, Inc. Bid Proposal #2 Prolime Corporation $249,000.00 Bid Proposal #3 Austin Tupler Trucking, Inc. $709,000.00 The City's East Water Treatment Plant utilizes Lime Softening treatment to remove mineral hardness from drinking water. This lime is used to soften the water and attaches to impurities and minerals in the water that produce lime sludge as a byproduct. The initial contract is for two (2) years with the option to renew for three (3) additional one-year terms, subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. 597 How will this affect city programs or services? This service is necessary for water treatment. Fiscal Impact: $199,800 is budgeted in the Utilities Operating budget for Water Quality & Treatment account 401-2811-536.49-17, Other Contractual Services. Attachments: R24-029 Award_Re-Bid_for_Lime_Sludge_Removal_-_Reso.docx Contract - UTL24-002 Re -Bid Lime Sludge Removal, Hauling, and DisposalA - Signed by Vendor UTL24-002 Devland Site Paving and Utilities Inc. - Bid Proposal Tabulation - Cost Analysis 598 1 RESOLUTION NO. R24-029 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. UTL24-002 FOR RE -BID NO. UTL24- 5 002 LIME SLUDGE REMOVAL, HAULING, AND DISPOSAL SERVICES; 6 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT AND ISSUE 7 A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIVE 8 BIDDER, DEVLAND SITE PAVING AND UTILITIES, INC., FOR THE 9 AMOUNT OF $199,800.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on October 26, 2023, Purchasing Services issued a Re -Bid for Lime 12 Sludge Removal, Hauling, and Disposal services with a non -mandatory pre-bid meeting 13 held on October 31, 2023, to review the bid specifications with interested and qualified 14 contractors; and 15 WHEREAS, the purpose of the bid was to obtain firm pricing per cubic yard for the 16 Lime Sludge Removal, Hauling, and Disposal at the East Water Treatment Plant; and 17 WHEREAS, on November 17, 2023, the City received and electronically opened a total 18 of three (3) submittals to this Bid; and 19 WHEREAS, after reviewing the bid proposal submitted by Devland Site Paving and 20 Utilities, Inc., the City's Utilities staff and Purchasing Services recommend this bid be awarded 21 to Devland Site Paving and Utilities, Inc.; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 24 approve the award of Bid No. UTL24-002 for Re -Bid No. UTL24-002 Lime Sludge Removal, 25 Hauling, and Disposal services; authorize the City Manager to sign a Contract and issue a 26 purchase order to the lowest responsive and responsive bidder, Devland Site Paving and 27 Utilities, Inc., in the amount of $199,800.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 29 OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves award of Bid No. UTL24-002 for Re -Bid No. UTL24-002 Lime Sludge Removal, C:AUsers\EASYPD—l\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL cr 040BOBF\C&BCLC040B013F.docx 599 34 35 36 37 38 KE 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Hauling, and Disposal services; authorize the City Manager to sign a Contract and issue a purchase order to the lowest responsive and responsive bidder, Devland Site Paving and Utilities, Inc., in the amount of $199,800.00. A copy of the Contract is attached hereto and incorporated herein as Exhibit "A." Section 3. This Resolution shall become effective immediately. PASSED AND ADOPTED this 6th day of February 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL cr 04OBOl3F\C&BCLt04OBOl3F.docx 600 SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DEVLAND SITE PAVING AND UTILITIES, INC. THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Devland Site Paving and Utilities, Inc. a corporation authorized to do business in the State of Florida, with a business address of 1302 Wingfield Street, Lake Worth, FL 33460, hereinafter referred to as the "VENDOR." In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and all labor, parts, and materials related as described in the UTL24-002-Re-Bid for Lime Sludge Removal, Hauling, and Disposal. 2. SCOPE OF SERVICES. VENDOR agrees to perform the Work required for the Re -Bid for Lime Sludge Removal, Hauling, and Disposal, which is incorporated and attached as Exhibit A ("WorKI. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on February 6, 2024, and shall remain in effect through February 5, 2026, unless otherwise terminated in accordance with this Agreement ("Initial Term"). The CITY reserves the right to renew the agreement for three (3) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the "Term." Price increase will be subject to the CITY's approval at one (1) year of renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment for any one-year term will be subject to the City's Commission approval. The price increase percentage change shall not exceed the previous one (1) -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: A. Payment for the Work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee as approved by the City Commission as required. B. The VENDOR 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 VENDOR in the amount approved. C. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-1 an D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment and incidentals necessary to complete the Work. E. The VENDOR'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 five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR 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 VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-2 Rn Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 12, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow the Risk Management Insurance Advisory Form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work 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 VENDOR nor any employee of VENDOR 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 Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-3 an contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. 12. DISCRIMINATION PROHIBITED. The VENDOR, 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for Work performed to the termination date, including Work reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 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. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: Devland Site Paving and Utilities Inc. ATTN: Edmund Deveaux Address: 1302 Wingfield Street Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-4 an Lake Worth, FL 33460 Phone: 561 762-8440 Email: edeveauxl7@aol.com 18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work; B. 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, Fla. Stat. or as otherwise provided by law; C. 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 contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 Cit Clerk _bbfl.us 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 VENDOR 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 VENDOR of the CITY's determination concerning the false certification. VENDOR 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, VENDOR shall have Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal 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 VENDOR 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. 21. E -VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. 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. iii. "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. B. 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: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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 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. 23. MISCELLANEOUS. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-6 an 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. B. CITY and VENDOR 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. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR: The abandonment of the project by VENDOR for a period of more than seven (7) business days. The abandonment, unnecessary delay, refusal of, or failure to comply with any of Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) business days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own cost and expense. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the VENDOR had the VENDOR continued to perform the services under the Agreement. ii. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR and/or the Surety together with the costs incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of such notice from CITY. 25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. SIGNATURE PAGE FOLLOWS Bid No. UTL24-002 — Lime Sludge Removal, Hauling & Disposal C-9 9 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 Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this day of �Lf & 2024. ZT . . . . .. .. .. ... ... ..... .. .. ............................................ ...... ..... .. .. .. .. . . .. . . ................. .. .... . Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk Bid No. UTL2.4-002 — lime Sludge Removal, Hauling & Disposal DEV II-AWI-SITE''PAVINC AN9,UTILITIES, INC. ..... ..................... S i4,,nalture), bevI , 40�d Sjle,,,Paving �V,'id Utilities Inc. nt Nage of Authorized Official Title MARGAIWA CORREA �C Notary public - State of Florida # 'f ] Commission # HH Z473��, Comm,Expires r 1 5 , or r1 v My mmExpires Apr I 51U rate Seal) $0nCed through National Notary Assn. Attest/AutPi6nticaited: ............. ... . . . . . . ..... . - - --------- �Nltness . ............... . ......... Print Name C- to 610 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 naay 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 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 Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 INSURANCE ADVISORY $ 300,000.00 Limits based on Project Cost Limits based on Project Cost C-11 R1 UTL24-002 - Re -Bid for Lime Sludge Removal, Hauling, and Disposal Opening Date: October 26, 2023 8:00 AM Closing Date: November 17, 2023 2:30 PM Vendor Details Company Name: Devland Site Paving and Utilities, Inc. Does your company conduct business under any other name? If FL yes, please state: 1302 Wingfield Address: Lake Worth, FL 33460 LAKE WORTH BEACH, Florida 33460 Contact: Edmund Deveaux Email: edeveauxl7@aol.com Phone: 561-762-8440 Fax: 561-540-1963 HST#: 460-688-391 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Thursday November 16, 2023 19:16:09 Thursday November 16, 2023 21:53:28 Edmund Deveaux edeveauxl7@aol.com 11e2ca40-d8fb-4Of9-bca8-Oc4639676512 99.177.71.147 Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1612 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - RE -BID FOR LIME SLUDGE REMOVAL, HAULING, AND DISPOSAL BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has examined and have carefully read this proposal or bid and the provisions, terms, and conditions concerning the equipment, materials, supplies, or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. Submit your firm's fixed fee pricing for providing all services, materials, etc., required for the completion of services. The unit price is all-inclusive and includes all equipment, labor, and material required in loading and hauling the lime sludge from the premises, including, but not limited to, providing a frontend loader with an operator, loading the lime sludge material into vendor provided trucks, and hauling the loads from the plant to a site approved by the state to receive lime sludge. The undersigned proposes to deliver the service in accordance with the specifications for "LIME SLUDGE REMOVAL, HAULING, AND DISPOSAL". DESCRIPTION ESTIMATED ANNUAL QUANITY UNIT PRICE PER CUBIC YARD* VALUE Load, Hauling, and Disposal of Lime Sludge from the 10000 CUBIC YARDS $19.9800 $ 199,800.00 Boynton Beach Water Treatment Plant to an Approved Our experience of hauling and disposal expands 20 years, which has included multiple a Minority Owned business? municipalities in Palm Beach County. We are experienced in coordination of City's requirements Disposal Site. All Equipment, Labor, and Resources Input response in comments box to the right Palm Beach County Necessary for Loading, Hauling, and Disposal Opportunities Date of Issuance Subtotal: $ 199,800.00 Summary Table Bid Form Amount BID PROPOSAL- RE -BID FOR LIME SLUDGE REMOVAL, HAULING, AND DISPOSAL $ 199,800.00 Subtotal Contract Amount: $ 199,800.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? Yes Devland Site Paving and Utilities is a local, Palm Beach County, Florida Corporation with Please select the appropriate response Black extensive experience in hauling, site development, excavation, paving, and underground utilities. Do you possess a certification qualifying your business as Yes Our experience of hauling and disposal expands 20 years, which has included multiple a Minority Owned business? municipalities in Palm Beach County. We are experienced in coordination of City's requirements Issuing organization name Input response in comments box to the right Palm Beach County Office of Equal Business Opportunities Date of Issuance Input response in comments box to the right September 6, 2023 - September 5, 2026 Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Proposer's Devland Site Paving and Utilities is a local, Palm Beach County, Florida Corporation with primary qualifications and a firm commitment to provide the extensive experience in hauling, site development, excavation, paving, and underground utilities. proposed services. Our experience of hauling and disposal expands 20 years, which has included multiple municipalities in Palm Beach County. We are experienced in coordination of City's requirements with that of the Disposal Facility, and because we own all our own equipment, we can be ready when service is requested. Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1613 Local Business Status Certification am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business Disposal Site 1 * Disposal Site 2 * Disposal Site 3 Name Agency/Company located within the Does the business have a Is the business registered City, State, Zip Code 4700 Green Farms Lane City limits of business tax receipt issued in with the Florida Division of Number of years in business* Business license number* Boynton Beach, the current year? * Corporations? Florida? * Concrete, Tile, Lime Sludge, and Dirt N/A N/A • Yes r Yes r Yes • No r No r No ATTACHMENT A - Disposal Sites Lime Sludge will be loaded, removed, and hauled from the designated location to an approved disposal site(s). The Contractor is responsible for complying with Federal, State, and Local regulations for the disposal and hauling of the lime sludge material. The contractor shall be responsible for supplying equipment and the manpower necessary for the loading, transporting, and disposal of the lime sludge, unless otherwise specified. Attachment A Form shall require the contractor to identify the disposal site(s) name, address, type of facility, and provide a signed and certified or notarized letter(s) authorizing acceptance of dry lime sludge. The Contractor must submit to the City a signed certified/notarized acceptance letter from each disposal site listed on the Attachment A Form. The certified authorizing acceptance letter shall consist of: a.) Site name, address, and contact information. b.) Acceptance letter of the City's lime sludge at the disposal site. c.) Signed notarized signature of Authorized agent/personnel. Identify disposal site(s); name address, and type of facility, and upload/attach signed certified/notarized acceptance of dry lime sludge in Boynton - beach. bidsandtenders. net. Description Disposal Site 1 * Disposal Site 2 * Disposal Site 3 Name Agency/Company Creative Land Management N/A N/A City, State, Zip Code 4700 Green Farms Lane N/A N/A Palm City Florida Facility Type Concrete, Tile, Lime Sludge, and Dirt N/A N/A Disposal Facility Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1614 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms' or government agencies' experiences with your company; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. If there is no answer after the third attempt. the City will apply no points toward the evaluation criteria. "Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference t - Completed or In Progress ` Reference 2 - Completed or In Progress Reference 3 - Completed or In Progress Name of Firm: Village of Wellington 1100 Wellington Trace Wellington, Florida City of Riviera Beach City of West Palm Beach Scope of Work: Loading, Hauling and Disposal of Lime Sludge Excavation, Loading, Hauling and Disposal of Lime Sludge Loading, Hauling and Disposal of Lime Sludge Project Location: City of Wellington Water Plant 1100 Wellington Trace City of Riviera Beach Water Treatment Plant 600 West Blue Heron Blvd Riviera Beach, Florida City of West Palm Beach Water Treatment Plant 724 N. Australian Ave West Palm Beach Florida 33401 Project Lead/Manager: Jaboc Thompson Melvin Pinkney Sandra Feliciano Cost of Service: $150,000/ Annually $220,500/ Annually $500,000/ Annually Start Date of Service: 04-27-2020 01-10-2021 October 18, 2023 End Date of Service: 04-27-2023 Current Current Contact Person: Jaboc Thompson Melvin Pinkney Sandra Feliciano Title: Plant Manager Plant Manager WTP Operations Coordinator Email: kberroteran@wellingtonfl.gov mpinkney@rivierabeach.org SFeliciano@wpb.org Phone #: 561-317-6613 561-386-0644 Office: 561-822-2290 Cell: 561-350-1885 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. P By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1615 than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. r0101i/liWAIN •W.'rIFA MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form & Bid Bond Documents - BID FORM-BOND.zip - Thursday November 16, 2023 20:29:33 • Bidder's Qualification Statement - QUALIFICATION STATEMENT 11-16-23.pdf - Thursday November 16, 2023 20:29:59 • Anti -Kickback Affidavit - ANTI -KICK BACK 2023-11-16_153737.pdf - Thursday November 16, 2023 20:30:24 • Non -Collusion Affidavit of Proposer - NON -COLLUSION 11-16-23.pdf - Thursday November 16, 2023 20:30:42 • Certification Pursuant to Florida Statute § 287.135 - CERTIFICATION FLORIDA STATUTE 2023-11-16_154050.pdf - Thursday November 16, 2023 20:31:05 • E -Verify Form Under Section § 448.095 Florida Statutes - E -VERIFY Document _2023-11-16_190623.pdf - Thursday November 16, 2023 20:31:26 • List of Equipment for Hauling Lime Sludge - EQUIPMENT.zip - Thursday November 16, 2023 21:43:43 • Disposal Site(s) - Certified/Notarized Disposal Acceptance Letters from Each Site - ATTACHMENT A- 11-16-23.pdf - Thursday November 16, 2023 21:03:12 • Certificates. Licenses. and Business Permits - PROF AND BUSINESS LICENSES Receipt_2023-11-16_154456.pdf - Thursday November 16, 2023 20:34:23 • W-9 - W-9 11-16-23.pdf - Thursday November 16, 2023 20:34:59 • Additional Document - OTHER DOCUMENTATION.zip - Thursday November 16, 2023 21:12:06 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. . Bid Bond -BID BOND Document_2023-11-16_153346.pdf- Thursday November 16, 2023 20:35:42 Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1616 Addenda & Declarations SPECIAL CONDITIONS PURPOSE: The purpose of this bid is to seek bids from qualified Contractors for Lime Sludge Load, Hauling, and Disposal all of which are in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years effective upon a fully executed contract by all parties. The City of Boynton Beach Purchasing Manager or Designee in consultation with the Finance Director may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager or Designee and determination by the Purchasing Manager or Designee that the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. The City may at its sole discretion and without further City Commission action, extend automatically for a period not to exceed an additional one -hundred and eighty (180) calendar days in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. The awarded vendor will be reimbursed for these services at the rate in effect when this transitional period clause was invoked by the City. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1. the volatility is due to causes wholly beyond the successful BIDDER's control; 2. the volatility affects the marketplace or industry, not just the particular successful BIDER's source of supply 3. the effect on pricing or availability of supply is substantial; 4. the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 - year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. Once the sealed bids are opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 UtilitiesFinance&bbfl.us ; AP&bbfl.us All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1617 • Provide a sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution, and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub - consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1618 H In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. P I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Edmund Deveaux, President, Devland Site Paving and Utilities, Inc The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum No. 2: UTL24-002 Re -Bid for Lime Sludge Removal, Hauling, and Disposal Tue November 14 2023 04:41 PM Addendum No.1: UTL24-002 Re -Bid for Lime Sludge Removal, Hauling, and Disposal Fri November 3 2023 09:00 AM I have reviewed the below addendum and pages attachments (if applicable) 1 Bid Number: UTL24-002 Vendor Name: Devland Site Paving and Utilities, 1619 DESCRIPTION DISPOSAL SITE 1 DISPOSAL SITE 2 DISPOSAL SITE 3 Name Agency/Company Q24V� MT-- 6Avo City, State, Zi Code J�M� 6,1w4 ATTENTION: Attachment AForm shall require the contractor to identify the disposal site(s)name, address, type of facility, and provide a signed and certified or notarized letter(s) authorizing acceptance of dry lime sludge. The Contractor must submit to the City a signed certified/notarized acceptance letter from each disposal site listed on the Attachment A Form. The certified authorizing acceptance letter shall consist of: ajSite name, address, and contact information. b.)Acceptance letter ofthe City's lime sludge atthe disposal site. c.) Signed notarized signature of Authorized agent/personnel. xttau`memx-oisnosa|otes 620 Creatibe laub Aanaffement 4700 610 Green,farm lane Valm Citp Martin COU"tP, -11oriba 34990 November 15, 2023 To Whom It May Concern, This letter is confirmation that our company, Creative Land Management, has authorized acceptance of Devland Site/ Paving and Utilities' dry Lime Sludge at our dirt, rock and Lime sludge disposal facility. Respectfully, Robert Kleabir, Facility Manager Cell#: 772,528.3539 Sworn and subscribed before me this jj /46 , day of & &V,� e,,,, !�-W, 2023 nted InLftion: NAME c. I C TITLE 1 NOTARY PUBLIC, Stat'e o, , Iorida at Large COMPANY "MARGARITA CORREA Notary otary Public -State of -"iorica Commission 'on '" 247394 ommission # 4H MY Comm. Expires Apr, 52 0 26 ded through u 'latora, "tar�Assn. MY COmm. Expires Apr 15, 2026 3onded through Natiorai Notary Assn, "OFFICIAL NOTARY SEAL" STAMP 621 Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-030- Authorize the City Manager to sign a two (2) year agreement with Iron Container, LLC, of Miami, FL, as the result of Bid No. PWSW24-010 for Metal Containers and Roll -Offs, with a not exceeding $150,000 per year. Requested Action: Approve Proposed Resolution No. R24-030. Explanation of Request: Initial Agreement Term: February 6, 2024 - February 5, 2026 On November 15, 2023, the Bid for Metal Containers and Roll -Offs was advertised to invite Bidders to provide pricing for multiple sizes of metal containers, lids, and roll -offs. On December 7, 2023, Procurement Services received only one (1) bid in response to this Invitation to Bid. The response was reviewed by Purchasing Services to ensure the proposal met the Bid Requirements. Procurement Services placed notices of this solicitation on DemandStar, Bids & Tenders, and an ad was placed in the Palm Beach Post. This solicitation had seven plan takers, with only one (1) Bidder submitting a formal bid. Rank Vendor Bid Total 1 Iron Container LLC $80,020.00 Iron Container, LLC has been the vendor for these products for the City of Boynton Beach since October 17, 2018. The purpose of this Bid is to establish firm fixed prices for the purchase of metal containers, lids, and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi - residential accounts for the purpose of refuse collection. How will this affect city programs or services? Utilization of the Bid provides a consistent vendor to provide metal containers and roll -offs. Fiscal Impact: Budgeted in Solid Waste account. 623 Attachments: R24-030 Award_Bid_and_Contract_for_Metal_Containers_and_Rolloffs_Iron_Container_- _Reso.docx Bid - Metal Container Roll-off - SGL Final.pdf IronContainer-PWSW24-010.pdf Agreement with Exhibit.pdf 624 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. R24-030 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AWARD OF BID NO. PWSW24-010, "METAL CONTAINERS AND ROLL -OFFS" TO IRON CONTAINER, LLC, AND AUTHORIZE THE CITY MANAGER TO SIGN A TWO (2) YEAR AGREEMENT WITH IRON CONTAINER, LLC, OF MIAMI, FL, WITH A NOT TO EXCEED AMOUNT OF $150,000.00 PER YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2023, the Bid for Metal Containers and Roll -Offs was advertised to invite Bidders to provide pricing for multiple sizes of metal containers, lids, and 12 roll -offs; and 13 14 15 16 17 18 19 20 21 22 WHEREAS, on December 7, 2023, Procurement Services received only one (1) bid in response to this Invitation to Bid, which was reviewed by Purchasing Services to ensure the proposal met the Bid Requirements; and WHEREAS, the purpose of this Bid is to establish firm fixed prices for the purchase of metal containers, lids, and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi- residential accounts for the purpose of refuse collection; and WHEREAS, Iron Container, LLC, has been the vendor for these products for the City of Boynton Beach since October 17, 2018; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it in the best interest of the citizens of the City of Boynton Beach to approve 23 the award of Bid No. PWSW24-010, "Metal Containers and Roll -Offs" to Iron Container, LLC, 24 25 26 27 and authorize the City Manager to sign a two (2) year Agreement with Iron Container, LLC, of Miami, FL, with a not to exceed the amount of $150,000.00 per year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL TechnologiesAEasypdf 8\@BCL@OCOB6F6E\ c BCLGOCOB6F6E.Docx -1- 625 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves the award of Bid No. PWSW24-010, "Metal Containers and Roll -Offs" to Iron 33 Container, LLC, and authorizes the City Manager to sign a two (2) year Agreement with Iron 34 Container, LLC, of Miami, FL, with a not to exceed the amount of $150,000.00 per year. A copy 35 of the Agreement is attached hereto and incorporated herein as Exhibit "A." 36 Section 3. This Resolution shall become effective immediately. 37 PASSED AND ADOPTED this 6th day of February 2024. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 Mayor — Ty Penserga 42 43 Vice Mayor - Thomas Turkin 44 45 Commissioner—Angela Cruz 46 47 Commissioner —Woodrow L. Hay 48 49 Commissioner —Aimee Kelley 50 VOTE 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC Ty Penserga 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 Shawna G. Lamb 61 City Attorney C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL TechnologiesAEasypdf 8\@BCL@OCOB6F6E\ c BCLGOCOB6F6E.Docx -2- 626 A7 TABLE OF CONTENTS PAGE # Noticeto Bidders......................................................................................................1 - 2 Instructions to Bidders........................................................................................................... 3 - 4 Scopeof Work....................................................................................................................... 5 - 7 Standard Terms and General Conditions for Bidders.....................................................8-19 SpecialConditions....................................................................................................20-21 Bidders Submission Requirements.............................................................................22 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm..................................................................... BidBond..................................................................... Bidder's Qualifications Statement .............................. Anti -Kickback Affidavit ................................................ Non -Collusion Affidavit ............................................... Certification Pursuant to Florida Statute § 287.135... Warranties.................................................................. E -Verify Form............................................................. BidProposal............................................................... ...................................................... 24-25 ...................................................... 26-29 ...................................................... 30-33 ...................................................... 34 ...................................................... 35-36 ...................................................... 37-38 ...................................................... ...................................................... 39-40 ...................................................... 41 -42 DRAFT AGREEMENT: DraftAgreement.......................................................................................................43-53 Insurance Advisor Form............................................................................................54 When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. Bid No. PWSW24-010— Metal Containers and Roll -Offs TOC 0 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 FAX. (561) 742-6316 INVITATION TO BID METAL CONTAINERS AND ROLL -OFFS BID No. PWSW24-010 NOTICE TO BIDDERS Electronic bids shall be received by the bidding system until December 7. 2023, No Later Than 2:30 P.M. (Local Time). All BIDs received will be publicly opened and acknowledged receipt. Bids received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidders allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION. ALL INTERESTED RESPONDENTS: To obtain documents online, please visit Boynton- beach. bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is to establish firm prices for the purchase of metal containers, lids, and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi -residential accounts for the purpose of refuse collection. The scope of work is more clearly defined in the Contract Document, Standard Terms, and General Conditions, which are hereby not listed in any order of precedence. NO BID CONFERENCE or SITE INSPECTION is scheduled. At the time of the bid opening, each bidder shall be presumed to have read and be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation with respect to this bid. No bids may be withdrawn for a period of ninety (90) calendar days after the Bid opening. ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form, or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a Bid No. PWSW24-010— Metal Containers and Roll -Offs 9 guarantee that the CONTRACTOR, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, or any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to section 119.07, Florida Statutes, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) calendar days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No. PWSW24-010— Metal Containers and Roll -Offs AI INSTRUCTIONS TO BIDDERS 1. The City of Boynton Beach utilizes an electronic online bidding system service for notification and distribution of its solicitation documents; please visit Boynton -beach. bidsandtenders.net. 2. ELECTRONIC PROPOSAL SUBMISSIONS ONLY shall be received by the City's e -Procurement Bidding System. Hardcopy submissions are not permitted. 3. Electronic Request for Qualification/Request for Proposal/Invitation for Bid Proposals for this solicitation shall be received by the City's e -Procurement bidding system no later than December 7, 2023, No Later Than 2:30 PM (Local Time). 4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the proposer to have their Request for Qualification/Request for Proposal/Invitation for Bid submittal submitted online. 5. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 6. It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at Boynton -beach. bidsandtenders. net prior to submitting their Submittal and up until the Bid closing time and date in the event additional addenda are issued. 7. To obtain documents online, please visit Boynton-beach.bidsandtenders.net. You may preview the solicitation documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 8. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 9. For the above reasons, it is recommended that the Proposer allow sufficient time to complete your online proposal submission and to resolve any issues that may arise. 10. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support(cDbidsandtenders.net. 11. Late Submittal Responses are not permitted by the Bidding System. 12. To ensure receipt of the latest information and updates via email regarding this Request for Qualification/Request for Proposal/Invitation for Bid, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 13. All expenses for making Submittal responses to the City are to be borne by the Proposer. Bid No. PWSW24-010— Metal Containers and Roll -Offs AI 14. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification/Request for Proposal/Invitation for Bid for review. The City reserves the right to modify the contract language prior to execution. 15. Each Proposer, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a Request for Qualification/Request for Proposal/Invitation for Bid, damages, if any, shall be limited to the actual cost of the preparation of the PROPOSER. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. PWSW24-010— Metal Containers and Roll -Offs AI METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 SCOPE OF WORK The purpose of this bid is to establish a fixed price for a two-year term for the purchase of metal containers and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi -residential accounts for the purpose of refuse collection. The estimated annual expenditure for the contract is $150,000.00. The Bidder should also specify applicable warranty information. The City desires a minimum of one-year on components and workmanship. Warranty information should be submitted with the bid. The following are the minimum technical specifications for both the metal containers and roll -off containers. If you cannot comply with a specification, attach additional information indicating deviation to specification. All prices to be quoted FOB Destination to City of Boynton Beach Public Works Rolling Green Complex 502 NW 14th Avenue Boynton Beach, FL 33435 Delivery hours are from 7:00 a.m. to 3:00 p.m., Monday through Friday. Vendor is required to offload the containers upon delivery. The City desires delivery of specified containers within 30 calendar days after receipt of Purchase Order or Blanket Purchase Order release. TECHNICAL SPECIFICATIONS METAL CONTAINER DESIGN • Shall be of slope design to prevent damage when emptying • Shall be of steel box construction • Watertight with a minimum 1'/z" drain plug flush with the bottom of container • 10 -gauge bottoms • 12 -gauge minimum front, rear, and end walls • Containers with split lids to be of high-density polyethylene resin METAL CONTAINER PAINT • Shall be high-grade industrial enamel; same color • Prior to applying paint, all surfaces must be thoroughly cleaned to remove all grease, foreign Bid No. PWSW24-010— Metal Containers and Roll -Offs AI matter, and weld slag • Prior to applying paint, rust and rough edges shall be removed by grinding • Prime coat — 1.5 mils thickness when dry, on coat inside and outside. • Finish coat — High gloss environmentally approved enamel of the same film thickness applied to outside of container • Color — Dark Green METAL CONTAINER OVERALL LOADING HEIGHT • Shall not exceed 40" for a 2 -yard container • Shall not exceed 44" for a 3 -yard container • Shall not exceed 46" for a 4 -yard container • Shall not exceed 46" for a 6 -yard container • Shall not exceed 48" for an 8 -yard container ACCESSORIES • Each container shall include plastic lid, minimum of three (3) hinge points per lid section; black • The Container shall be constructed so that it automatically closes the top lids of containers when employing the lifting arms without necessitating the operator to leave the cab of the truck • Container shall be constructed with external deep "V" plates at pickup points ROLL -OFF METAL CONTAINERS • Shall be construction/demolition/solid waste collection transport Containers designed for outside rail and cable loading • Shall be constructed of high carbon H/R steel • Sides shall be constructed with min. 10 -gauge H/R steel • Floor plating shall be not less than 7 -gauge H/R steel with continuous on all horizontal seams • Outer rails shall be constructed of 2" x 6" x 2/16" H/R carbon rectangular tubing with the front corners of the body portion of the rails to be solid 1 '/2" plate inserted 9" into the tubing, each direction, for a total of 18", and a '/4" rub rail plate welded to the lower or bottom rail, the full length of the rail shall be continuously welded around the top perimeter • Floor Supports shall be at least 3" structural channel, located and welded at 16" center • Rear Door shall be constructed from 10 -gauge H/R steel, reinforced with 6" x 2 W x 10 -gauge formed channels framing the door and reinforced with two channels vertically and divided equally from center, with continuous welding on all horizontal welds at top of channels. Hinges shall connect to 8" x 7" gauge formed channel vertical side post, and latch side post shall be 6" x 7" gauge formed channel post on body sides. • A safety chain and a safety pin with spring key shall be installed at the bottom of the rear door • There shall be two large rollers 6" x 9" constructed with not less than 1/4" thick walls and sides, with Bid No. PWSW24-010— Metal Containers and Roll -Offs 6 4 1 '/4" removable axles, equipped with grease fittings located at both sides of the rear of the container • There shall be two large rollers located at each side of the front of the container; designed contact hoist rails equipped with removable axles and grease fittings. Axles shall be retained with cotter pins • Pick up hooks must be able to accommodate standard cable hook-up systems such as "Galbreath." Hooks shall be constructed of 1 '/4" plate steel • All containers shall be sandblasted, vapor blasted, or air -ground and cleaned to remove mill scale and weld splatter and slag prior to any painting or sealing. • The bottoms and insides of containers shall be undercoated with rust preventive; one (1) coat of industrial primer and two (2) full coats of "Dark Green" high gloss industrial grade enamel paint. NOTE: Any unpainted surfaces shall be considered reason to refect delivery and acceptance of any container • Door hinges shall be constructed and fabricated of '/2" thick plate steel and shall be 10" x 9" on container side and 10" x 7" at the door side with a 1 7/16" solid round hinge pin equipped with a grease fitting, and shall be welded to the body and door with continuous welds. WARRANTY Minimum of one-year (365 calendar days) on components and workmanship THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. PWSW24-010— Metal Containers and Roll -Offs AI METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 STANDARD TERMS AND GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the e -Procurement bidding system. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid," price, quantifiable factors, and other factors are considered. Such factors include, but are not limited to, specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performances in other contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; Bid No. PWSW24-010— Metal Containers and Roll -Offs AI G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.29, "Public Entity Crimes." d. Not completing the BID, RFQ, or RFP Submittal Forms as required. 10. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Vendor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 11. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful bidder shall sign and deliver the Contract with the required bonds and insurance as applicable to the City. After receipt and approval of such documents, the contract will be executed. Within thirty (30) calendar days thereafter, the City shall deliver a fully signed and executed Contract to the successful Vendor. At times, a purchase order will be issued in lieu of a contract agreement. The General Terms and Conditions of the City's purchase order shall apply and prevail over any conflicting terms or conditions. 12. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders mustfurnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 13. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) calendar days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 14. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 15. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors." The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in Bid No. PWSW24-010— Metal Containers and Roll -Offs AI the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton- beach. bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Boynton - beach. bidsandtenders.net prior to submitting their bid, and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Bidder's submission, and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 17. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY." 18. SAMPLES: Samples of items, when called for, must be furnished free of expense, and, if not used, tested, or destroyed upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) calendar days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 19. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 20. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 21. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s) of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS," and this sheet shall be attached to the bid. The use of the bidder's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 22. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected Bid No. PWSW24-010— Metal Containers and Roll -Offs 10 AI and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default, in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 24. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 25. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 26. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 27. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 28. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by section 287.012(11), Florida Statutes, requests for proposals as defined by section 287.012(16), Florida Statutes, and any contract document described by section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 29. SCRUTINIZED COMPANIES LISTS section 287.135. Florida Statutes: By submission of this BID, the bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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 Bidder of the City's determination concerning the false certification. Bidder shall have five (5) calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder 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. 30. NON -COLLUSION AFFIDAVIT: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act that may result in an unfair advantage for Bid No. PWSW24-010— Metal Containers and Roll -Offs 11 9 one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted, either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor list(s), and/ or debarment or suspension from doing business with the City Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidderto submit this document to be a major irregularity and may be cause for rejection of the Proposal. 31. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City's opinion, a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims are Trade Secret information and exempt from section 119.07, Florida Statutes (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under section 119.07, Florida Statutes. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 32. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. 34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS." 35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the City. 36. INSURANCE REQUIREMENTS: If a vendor is providing a service under this agreement/contract, then the vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach." The vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within two working days of request). Failure to maintain the required insurance shall be considered a default of agreement/contract. 37. INDEMNIFICATION: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida, its officers, agents, volunteers, and employees from liability of any kind in the performance of Bid No. PWSW24-010— Metal Containers and Roll -Offs 12 Rd this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provisions of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 39. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 40. AWARD OF CONTRACT: The low monetary bid will NOT, in all cases, be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based on the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 41. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified will be returned at no expense or penalty to the City of Boynton Beach. 42. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 43. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries are to be made during normal working hours of the City. Time is of the essence, and delivery dates must be met. Should the vendor fail to deliver on or before the stated dates, the City reserves the right to CANCEL the order or agreement/contract and make the purchase elsewhere. The vendor shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for the City of Boynton Beach has, by inspection or test of such items, determined that they appear to fully comply with specifications. The City may return, at the expense of the vendor and for full refund or credit at the discretion of the City, any item(s) received which fail to meet the City's specifications or performance standards. 44. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. Bid No. PWSW24-010— Metal Containers and Roll -Offs 13 Rd 45. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 calendar days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 46. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the bidder shall be withheld until a visual inspection is made by the CITY'S DESIGNEE and the merits of performance are evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) calendar days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs, and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder unless such loss or damages have been proven to be the result of negligence by the City. 47. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City, and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. 48. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed, and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 49. CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. It is the responsibility of the vendor to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. Failure to meet this requirement shall be considered a default of the agreement/contract. 50. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 51. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if Bid No. PWSW24-010— Metal Containers and Roll -Offs 14 Rd awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc., shall comply with all O.S.H.A. and State safety regulations and requirements. 52. PALM BEACH COUNTY INSPECTOR GENERAL: The vendor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower -tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower -tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. 53. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) calendar days after the opening of the Bid unless the City announces intent to award sooner, in accordance with section 119.07, Florida Statutes. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. 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 Statutes, or as otherwise provided by law; C. 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 contract 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 D. 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. E. 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: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CityClerk0ilobfLus Bid No. PWSW24-010— Metal Containers and Roll -Offs 15 Rd 54. E -VERIFY: Contractor is aware of and complies with the requirements of section 448.095, Florida Statutes, 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, Florida Statutes, "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 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. 55. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 56. SUCCESSORS AND ASSIGNS: The City and the vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the vendor shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of the other. 57. INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and incorporated in the award or resulting agreement/contract resulting here from. Any and all legal action necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the Bid No. PWSW24-010— Metal Containers and Roll -Offs 16 Rd State of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract shall be in a court of competent jurisdiction located in Palm Beach County. 58. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contractor from any other matter generated by or relating to the agreement/contract. 59. NO THIRD -PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall be construed to, create any third -party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or vendor. 60. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor's risk. 61. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and State Taxes. 62. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 business days, the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 63. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. 64. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the agreement/contract that lowers the price of the procured item, the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in effect for the duration of the agreement/contract. The vendor warrants that the price(s) shall not exceed the vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities or the current market price, whichever is lower. In the event the vendor offers more favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the then -current market price, whichever is lower. 65. REMEDIES: 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 now or hereafter existing at law, or in equity, 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. 66. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner, or form. 67. SEAL, LOG, and FLAGS: The vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without specific pre -approval. 68. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: Bid No. PWSW24-010— Metal Containers and Roll -Offs 17 Rd a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the dangers of drug abuse in the workplace, the Vendor's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number 1 above. d. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. e. Impose a sanction on, or require satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community for any employee who is so convicted or so pleads. f. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of section 287.087, Florida Statutes. 69. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach's Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager via hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualification, the protest shall be received prior to the bid submittal deadline date. B. If the protest relates to any other matter relating to the bid, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. 70. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. 71. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give five (5) business days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and on the date given Bid No. PWSW24-010— Metal Containers and Roll -Offs 18 Rd in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. 72. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 73. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. PWSW24-010— Metal Containers and Roll -Offs 19 Rd SPECIAL CONDITIONS PURPOSE: The City of Boynton Beach is requesting bids for the purchase and delivery of metal containers and roll -offs meeting the minimum specifications contained herein. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years, effective upon a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance as determined, and that the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1) the volatility is due to causes wholly beyond the successful BIDDER's control; 2) the volatility affects the marketplace or industry, not just the particular successful BIDER's source of supply 3) the effect on pricing or availability of supply is substantial; 4) the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination, the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. Bid No. PWSW24-010— Metal Containers and Roll -Offs 20 Rd AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. Once the sealed bids are opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids, and the City's decision shall be final. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Email: AP(a)bbfl.us All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt, including both manual signature and printed name of the designated City employee or authorized agent; The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents, are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. Bid No. PWSW24-010— Metal Containers and Roll -Offs 21 9 0 METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Online Acknowledgement ❑Proposer Acknowledgement ❑Addenda Acknowledgement ❑Confirmation of Drug -Free Workplace ❑Palm Beach Inspector General b) Online Forms ❑Letter of Interest ❑Confirmation of Minority -Owned Business ❑Local Business Certification ❑Schedule of Sub -Consultants ❑References C) Upload Online ❑Bid Form ❑Bid Bond Documents ❑Bidders Qualification Statement ❑Anti -Kickback Affidavit ❑Non -Collusion Affidavit of Proposer ❑Certification Pursuant to Florida Statute § 287.135 ❑Submit current Florida Professional License, including evidence of possession of required licenses or business permits FIE -Verify Form Pursuant to Florida Statute § 448.095 ❑ W-9 ❑Warranty information ❑Submit any Supplemental information relative to this BID Bid No. PWSW24-010— Metal Containers and Roll -Offs 22 F1; THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 23 LL4 BID FORM METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 'TO IBIE C 0 11W. IliII,,.IE,°'liIE.ID A..IN. ID t.UIliII 0AIDIEID. 0II4II,,.IINIE. The City of Boynton Beach is requesting bids for the purchase and delivery of METAL CONTAINERS AND ROLL -OFFS. The City of Boynton Beach is seeking a firm price for Metal Containers and Roll -Offs in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Submitted By: (BIDDER) Date: To furnish and deliver all materials in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Contract with the CITY to furnish and deliver all materials, as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) calendar days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) calendar days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents, and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. Communications concerning this Bid shall be as follows: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 24 LL4 91 Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of , 20 a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 25 BID BOND STATE OF FLORIDA COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated 120 , for: (METAL CONTAINERS AND ROLL -OFFS) NOW THEREFORE, A. If the principal shall not withdraw such Bid within ninety (90) calendar days after date of opening of the same and shall, within ten (10) calendar days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies if the latter amount is in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with section 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in section 255.05 (2), Florida Statutes. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 26 LL4 IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: SURETY: Corporate Surety WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State Attorney -in -Fact (affix seal) Business Address City and State Name of Local Insurance Agency THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 27 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the such Bid Bond on behalf of the Principal was then of such Corporation; that I know his signature, and his signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified, and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 28 TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: PWSW24-010 Bidder: Name: Address: City/ State: Phone: Bond Amount: SURETY BOND COMPANY Name: Address: City/ State: Phone: ZIP: ZIP: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266), the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under sections 9304 to 9308 of Title 31 of the United States Code. Date Agent and Attorney -in -Fact THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 29 BIDDER'S QUALIFICATION STATEMENT "rO IME C 0 11W. II II,,.IE,"'IilEll AIN ID. UII II 0A.II IEID OINII,,.IINIE. The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Telephone No. Email Address. 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address, and ownership units of all partners: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 30 Check One Submitted By: Corporation Name: Partnership Address: Individual City, State, Zip: Other Telephone No. Email Address. 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address, and ownership units of all partners: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 30 4. What is the last project of this nature that you have completed? C. State whether general or limited partnership: 5. If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: 6. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 7. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 5. Have you ever failed to complete work awarded to you? If so, when, where, and why? 6. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 7. Indicate registration, License Numbers, or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 8. Will you sublet any part of this WORK? If so, give details. 9. State the name and address of the Attorney, if any, for the business. 10. State the names and addresses of all businesses and/or individuals who own and have interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 31 11. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the bidder: 12. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 13. What will be your turnaround time for written responses to the City's inquiries? 14. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1 ? YES — NO Fi 15. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 16. List and describe all bankruptcy petitions (voluntary or involuntary) that have been filed by or against the Bidder, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description the disposition of each petition. 17. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 19. Bank References (include name, job title, address, and telephone number of contact person) — Minimum 1 20. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. I Government Related Work THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 32 RR b. Non -Governmental Related Work Total Work (a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 21. Provide a description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 22. Provide a description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract, and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BI DDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. Subscribed and sworn to before me This day of 2023 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 33 RR ANTI -KICKBACK AFFIDAVIT 'TC IME C 0 11W. IIPII,,.IE."'IiIED AlNllg U1P..A,,.OAII IEID ONII,,.IINIE. STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward, or gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE 12023 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 34 NON -COLLUSION AFFIDAVIT OF PROPOSER To BIES COIl iipII„JI;;;"til:::ID AND UIPII,,.OADIES;ID ON�I,JIINII;;�; State of ) County of ) being first duly sworn, deposes and says that: 1) He / She is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He / She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) BIDDER shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in section 112.3135(1)(c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 35 RR NAME RELATIONSHIP Witnesses: BIDDER: Signed: Typed name: Name: Title: Typed name: Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: (Signed) (Title) THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 36 FR CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES TO IBIE COII iIPII.JE"'r1EID AND UPI-OADIED OINII,,.IIINIE I, , on behalf of Print Name and Title that does not: Company Name 1. Participate in a boycott of Israel; and Company Name 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant 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. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to section 215.473, Florida Statutes, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 37 RR COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 38 FR CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES 'T O IME C O 11W.II II,,.IE,"'Ii IE ID AIN ID U EA 0 &D IE ID. O I.N.1,.II N IE, Project Name: Solicitation No 1. Definitions: METAL CONTAINERS AND ROLL -OFFS BID: PWSW24-010 "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. 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) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 39 7 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated section 448.09 (1), Florida Statutes, the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated section 448.095 (2), Florida Statutes, but the Contractor otherwise complied with section 448.095 (2), Florida Statutes, shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 40 0 METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA III"' 111: I : IEI 'TIEIYr�lIE:III) IIIINT IBIIII I IIIN G SITE I III,,,,,lIINII;;; The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows The undersigned proposes to deliver the service in accordance with the specifications for: "METAL CONTAINERS AND ROLL -OFFS". DESCRIPTION QTY UNIT UNIT TOTAL Manufacturer / Model No. RICE Metal Containers; 2 C.Y., green, with black 10 EACH $ $ plastic lids Metal Containers; 3 C.Y., green, with black 10 EACH $ $ plastic lids Metal Containers; 4 C.Y., green, with black 20 EACH $ $ plastic lids Metal Containers; 6 C.Y., green, with black 20 EACH $ $ plastic lids Metal Containers; 8 C.Y., green, with black 20 EACH $ $ plastic lids Lids, black plastic with rods for 2 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 3 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 4 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 6 C.Y 10 EACH $ $ containers THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 41 9 Lids, black plastic with rods for 8 C.Y 10 EACH $ $ containers Container, roll -off, 1 EACH $ $ open 10 C.Y., green Container, roll -off, 1 EACH $ $ open 20 C.Y., green Container, roll -off, 1 EACH $ $ open 30 C.Y., green Container, roll -off, 1 EACH $ $ open 40 C.Y., green Container, recycling roll -off, with plastic 1 EACH $ $ doors, 40 C.Y., green TOTAL COST THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 42 R7 DRAFT -SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and [INSERT ENTITY NAME] a [ INSERT type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of [INSERT ADDRESS], hereinafter referred to as the "VENDOR." In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work and all labor, parts, and materials related as described in the PWSW24-010 - Metal Containers and Roll -offs. 2. SCOPE OF SERVICES. VENDOR agrees to perform the Work required for the PWSW24-010 - Metal Containers and Roll -offs which is incorporated and attached as Exhibit A ("Work"). 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on [insert date] and shall remain in effect through [insert termination date] unless otherwise terminated in accordance with this Agreement ("Initial Term"). The CITY reserves the right to renew the agreement for three (3) additional one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the "Term." Price increase will be subject to the CITY's approval at optional year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 days prior to the respective term anniversary date. Price adjustment for any additional year term will be subject to City's Commission approval. The price increase percentage change shall not exceed the previous year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 43 R7 A. Payment for the Work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contracted price without express written modification of the Agreement signed by the CITY Manager or designee as approved by the City Commission as required. B. The VENDOR 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 VENDOR in the amount approved. C. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment and incidentals necessary to complete the Work. E. The VENDOR'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 five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR 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 VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 44 R7 C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 12, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 45 R7 days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work 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 VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. 12. DISCRIMINATION PROHIBITED. The VENDOR, 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for Work performed to the termination date, including Work reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 46 R7 shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 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. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy to: Shawna G. Lamb, City Attorney 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 47 675 A. Keep and maintain public records required by the CITY to perform the Work; B. 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, Fla. Stat. or as otherwise provided by law; C. 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 contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk(a_bbfl.us 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 VENDOR 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 VENDOR of the CITY's determination concerning the false certification. VENDOR 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, VENDOR 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 VENDOR 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. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 48 R7 21. E -VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. 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. ii. "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. iii. "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. B. 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: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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 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. 22. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING. VENDORS are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider a VENDOR's social, political, or ideological interests when determining if the VENDOR is a responsible VENDOR. VENDORS are further notified that the CITY's governing body may not give preference to a VENDOR based on the VENDOR's social, political, or ideological interests. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 49 R7 23. MISCELLANEOUS. A. 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. B. CITY and VENDOR 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. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 50 R7 default and breach of this Agreement by VENDOR: The abandonment of the project by VENDOR for a period of more than seven (7) business days. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) business days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own cost and expense. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the VENDOR had the VENDOR continued to perform the services under the Agreement. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR and/or the Surety together with the costs THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 51 9 incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of such notice from CITY. 25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. SIGNATURE PAGE FOLLOWS THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 52 680 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 Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12023. CITY OF BOYNTON BEACH COMPANY Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk Bid No. PWSW24-010— Metal Containers and Roll -Offs (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name 53 AR 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 contractor 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) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSU RANCEADVISORY FORM Revised 04/2021 Bid No. PWSW24-010— Metal Containers and Roll -Offs MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 -------------------------------------------- ---------------- Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost 54 682 PWSW24-010 - Metal Containers and Roll -Offs Opening Date: November 15, 2023 12:00 PM Closing Date: December 7, 2023 2:30 PM Vendor Details Company Name: Does your company conduct business under any other name? If yes, please state: Address Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Iron Container FL 8505 NW 74th St 8505 NW 74th St Miami, FL 33166-2327 JULIAN CHARLES jcharles@ironcontainer.com 305-726-2150 305-726-2150 Monday December 04, 2023 09:41:39 Thursday December 07, 2023 11:19:52 JULIAN CHARLES jcharles@ironcontainer.com 8c71b115-d4e4-4e51-827f-3378e5e857bb 173.9.169.189 Bid Number: PWSW24-010 Vendor Name: Iron Contai 683 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. "Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - METAL CONTAINTERS AND ROLL -OFFS BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. The undersigned proposes to deliver the product/service in accordance with the specifications for "METAL CONTAINERS AND ROLL -OFFS". DESCRIPTION EST. QTY UNIT UNIT PRICE" TOTAL Manufacturer/ Model No. Metal Containers; 2 C.Y., green, with black plastic lids 10 EA $455.0000 $ 4,550.00 FELS2 Metal Containers; 3 C.Y., green, with black plastic lids 10 EA $495.0000 $ 4,950.00 FELS3 Metal Containers; 4 C.Y., green, with black plastic lids 20 EA $615.0000 $ 12,300.00 FELS4 Metal Containers; 6 C.Y., green, with black plastic lids 20 EA $780.0000 $ 15,600.00 FELS6 Metal Containers; 8 C.Y., green, with black plastic lids 20 EA $925.0000 $ 18,500.00 FELS8 Lids, black plastic with rods for 2 C.Y containers 10 EA $44.0000 $ 440.00 Lid set: 2 Lids + 1 Lid Rod Lids, black plastic with rods for 3 C.Y containers 10 EA $48.0000 $ 480.00 Lid set: 2 Lids + 1 Lid Rod Lids, black plastic with rods for 4 C.Y containers 10 EA $50.0000 $ 500.00 Lid set: 2 Lids + 1 Lid Rod Lids, black plastic with rods for 6 C.Y containers 10 EA $50.0000 $ 500.00 Lid set: 2 Lids + 1 Lid Rod Lids, black plastic with rods for 8 C.Y containers 10 EA $50.0000 $ 500.00 Lid set: 2 Lids + 1 Lid Rod Container, roll -off, open 10 C.Y., green 1 EA $2,940.0000 $ 2,940.00 ROT10 Container, roll -off, open 20 C.Y., green 1 EA $3,690.0000 $ 3,690.00 ROT20 Container, roll -off, open 30 C.Y., green 1 EA $4,190.0000 $4,190.00 ROT30 Container, roll -off, open 40 C.Y., green 1 EA $4,790.0000 $ 4,790.00 ROT40 Container, recycling roll -off, with plastic doors, 40 C.Y., green 1 EA $6,090.0000 $ 6,090.00 RO/REC40 Subtotal: $ 80,020.00 Summary Table Bid Form Amount BID PROPOSAL - METAL CONTAINTERS AND ROLL -OFFS $ 80,020.00 Subtotal Contract Amount: $ 80,020.00 Bid Number: PWSW24-010 Vendor Name: Iron Contai 684 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No N/A Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Iron Container, LLC Proposer's primary qualifications and a firm 8505 NW 74th Street commitment to provide the proposed services. Miami, FL 33166 December 6, 2023 City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 RE: BID No. PWSW24-010 - Metal Containers and Roll -Offs am writing on behalf of Iron Container, LLC, a leading provider in the manufacturing and supply of metal containers and roll -offs. Having reviewed the Request for Proposal (RFP) for the procurement of these essential waste management assets by the City of Boynton Beach, we are enthusiastic about the opportunity to submit a proposal. At Iron Container, LLC, we pride ourselves on delivering high-quality, durable, and reliable metal containers and roll -offs that meet the specific needs of our clients. With a proven track record of successful collaborations with municipalities, we understand the unique requirements associated with waste management services. Our commitment to excellence extends beyond the products we offer. We recognize the importance of environmental sustainability, cost-effectiveness, and operational efficiency in municipal waste management. Our equipment solutions are designed to not only meet but exceed the expectations of our clients. We look forward to the opportunity to contribute to the success of the City's waste management initiatives and would welcome the chance to participate in any upcoming pre-bid meetings or site visits. Thank you for considering Iron Container, LLC for this crucial project. We look forward to the possibility of working with the City of Boynton Beach and contributing to the enhancement of your waste management infrastructure. Kind regards, Julian Charles Vice President Iron Container, LLC C: 561.843.4278 Bid Number: PWSW24-010 Vendor Name: Iron Contai 685 Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r" We will not be submitting for Local Business Status Certification Is the business Does the business have a Is the business Reference 3 - Completed or In Progress* Name of Firm: located within business tax receipt registered with the Scope of Work: Refuse Containers & Compactors, Commercial and Residential the City limits of issued in the current Florida Division of Number of years in business Business license number Boynton Beach, * year. * Corporations? Eleonel Lorenzo Cost of Service: Florida? $110,000.00 $115,000.00 Start Date of Service: 01/31/2023 * Yes t: Yes f: Yes 14 N/A t: No r No t" No Jeff Coleman Eleonel Lorenzo References In order to be considered for theses services, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the goods/services as stated herein. The City is interested in learning of other firms' or government agencies' experiences with your company; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. If there is no answer after the third attempt. the City will apply no points toward the evaluation criteria. `Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress * Reference 3 - Completed or In Progress* Name of Firm: City of St. Petersburg City of Stuart City of Deerfield Beach Scope of Work: Refuse Containers & Compactors, Commercial and Residential Metal Containers and Roll -Offs Metal Containers and Roll -Offs Project Location: 2001 28Th St N Saint, Petersburg, FL 33713-4222 121 SW Flagler Avenue, Stuart FL 34994 401 SW 4 St., Deerfield Beach FL 33441 Project Lead/Manager: Jennifer Anderson Jeff Coleman Eleonel Lorenzo Cost of Service: $1,000,000.00 $110,000.00 $115,000.00 Start Date of Service: 01/31/2023 01/31/2023 01/31/2023 End Date of Service: 12/23/2023 12/23/2023 12/23/2023 Contact Person: Jennifer Anderson Jeff Coleman Eleonel Lorenzo Title: Container Supervisor Sanitation Supervisor Operations Manager Email: jennifer.anderson@stpete.org jcoleman@ci.stuart.fl.us ELorenzo@deerfield-beach.com Phone #: (727) 893-7956 (772) 600-1210 (954) 702-4169 Bid Number: PWSW24-010 Vendor Name: Iron Contai 686 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. P By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Number: PWSW24-010 Vendor Name: Iron Contai 687 • Bid Form & Bid Bond Documents - Boynton Beach Bid Form Bond Documents.pdf - Thursday December 07, 2023 11:19:12 • Bidder's Qualification Statement - Boynton Beach - Bidders Qualification Statement.pdf - Wednesday December 06, 2023 13:41:52 • Anti -Kickback Affidavit - Boynton Beach - Anti -Kickback Affidavit.pdf - Wednesday December 06, 2023 13:42:01 • Non -Collusion Affidavit of Proposer - Boynton Beach - Non -Collusion Affidavit Proposer.pdf - Wednesday December 06, 2023 13:44:23 • Certification Pursuant to Florida Statute § 287.135 - Boynton Beach - Certification 287.135.pdf - Wednesday December 06, 2023 13:42:40 • Certificates. Licenses. and Business Permits - Certificates.zip - Wednesday December 06, 2023 13:46:39 • E -Verify Form Under Section § 448.095 Florida Statutes - Boynton Beach E -Verify 448.095.pdf - Wednesday December 06, 2023 13:42:48 • W-9 - Iron Container, LLC W9 - 2023.pdf - Wednesday December 06, 2023 13:43:02 • Warranty Information - _IC Warranty Appendix A.pdf - Wednesday December 06, 2023 14:33:12 • Supplemental Information relative to this BID (optional) Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - Boynton Beach IC Bid Bond.pdf - Thursday December 07, 2023 11:19:22 Bid Number: PWSW24-010 Vendor Name: Iron Contai 688 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. fv- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Julian Charles, Vice President, Iron Container, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r- Yes r No Bid Number: PWSW24-010 Vendor Name: Iron Contai 689 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) There have not been any addenda issued for this bid. Bid Number: PWSW24-010 Vendor Name: Iron Contai 690 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND IRON CONTAINER, LLC. THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Iron Container, LLC. a Foreign Limited Liability Company authorized to do business in the State of Florida, with a business address of 8505 NW 74th Street, Miami, FL 33166, hereinafter referred to as the "VENDOR." In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work and all labor, parts, and materials related as described in the PWSW24-010 — Metal Containers and Roll -offs. 2. SCOPE OF SERVICES. VENDOR agrees to provide metal containers and roll -offs as described in Bid No.: PWSW24-010 — Metal Containers and Roll -offs which is incorporated and attached as Exhibit A ("Bid"). 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on February 6, 2024, and shall remain in effect through February 5, 2026, unless otherwise terminated in accordance with this Agreement ("Initial Term"). The CITY reserves the right to renew the agreement for three (3) additional one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the "Term.,, Price increase will be subject to the CITY's approval at one (1) year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment for any additional one-year term will be subject to City's Commission approval. The price increase percentage change shall not exceed the previous one (1) -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: A. Payment for the Work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contracted price without express written modification of the Agreement signed by the CITY Manager or designee as approved by the City Commission as required. B. The VENDOR 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 VENDOR in the amount approved. C. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. Bid No. PWSW24-010— Metal Containers and Roll -Offs C-1 RQ D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment and incidentals necessary to complete the Work. E. The VENDOR'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 five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR 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 VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on Bid No. PWSW24-010— Metal Containers and Roll -Offs C-2 RQ an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 12, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work 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 VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, Bid No. PWSW24-010— Metal Containers and Roll -Offs C-3 RQ percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. 12. DISCRIMINATION PROHIBITED. The VENDOR, 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for Work performed to the termination date, including Work reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 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. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Copy to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Shawna G. Lamb, City Attorney 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Bid No. PWSW24-010— Metal Containers and Roll -Offs C-4 RQ Notices to VENDOR shall be sent to the following address: Iron Container, LLC. Julian Charles 8505 NW 7t" Street Miami, FL 33166 18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work; B. 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, Fla. Stat. or as otherwise provided by law; C. 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 contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 gity0leirlkffb1laflLus 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 Bid No. PWSW24-010— Metal Containers and Roll -Offs C -S 695 VENDOR 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 VENDOR of the CITY's determination concerning the false certification. VENDOR 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, VENDOR 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 VENDOR 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. 21. E -VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. 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. iii. "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. B. 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: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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 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. Bid No. PWSW24-010— Metal Containers and Roll -Offs C-6 RQ 22. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING. VENDORS are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider a VENDOR's social, political, or ideological interests when determining if the VENDOR is a responsible VENDOR. VENDORS are further notified that the CITY's governing body may not give preference to a VENDOR based on the VENDOR's social, political, or ideological interests. 23. MISCELLANEOUS. A. 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. B. CITY and VENDOR 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. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Bid No. PWSW24-010— Metal Containers and Roll -Offs C-7 RQ 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR: The abandonment of the project by VENDOR for a period of more than seven (7) business days. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) business days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own cost and expense. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by Bid No. PWSW24-010— Metal Containers and Roll -Offs C-8 RQ reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the VENDOR had the VENDOR continued to perform the services under the Agreement. ii. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR and/or the Surety together with the costs incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of such notice from CITY. 25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. SIGNATURE PAGE FOLLOWS Bid No. PWSW24-010— Metal Containers and Roll -Offs C-9 699 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 Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12024. CITY OF BOYNTON BEACH IRON CONTAINER, LLC. Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk Bid No. PWSW24-010— Metal Containers and Roll -Offs (Signature), Company Print Name of Authorized Official Title Attest/Authenticated: Witness Print Name C-10 7n EXHIBIT A BID No.: PWSW24-010 Invitation to Bid for Metal Containers and Roll -Offs C-11 Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n 7n TABLE OF CONTENTS PAGE # Noticeto Bidders......................................................................................................1 - 2 Instructions to Bidders........................................................................................................... 3 - 4 Scopeof Work....................................................................................................................... 5 - 7 Standard Terms and General Conditions for Bidders.....................................................8-19 SpecialConditions....................................................................................................20-21 Bidders Submission Requirements.............................................................................22 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm................................................................................................................................ 24-25 BidBond................................................................................................................................ 26-29 Bidder's Qualifications Statement......................................................................................... 30-33 Anti -Kickback Affidavit........................................................................................................... 34 Non -Collusion Affidavit.......................................................................................................... 35-36 Certification Pursuant to Florida Statute § 287.135.............................................................. 37-38 Warranties............................................................................................................................. E -Verify Form........................................................................................................................ 39-40 BidProposal.......................................................................................................................... 41-42 DRAFT AGREEMENT: DraftAgreement.......................................................................................................43-53 Insurance Advisor Form............................................................................................54 When completed and executed, these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. Bid No. PWSW24-010— Metal Containers and Roll -Offs TOC 3 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 FAX. (561) 742-6316 INVITATION TO BID METAL CONTAINERS AND ROLL -OFFS BID No. PWSW24-010 NOTICE TO BIDDERS Electronic bids shall be received by the bidding system until December 7. 2023, No Later Than 2:30 P.M. (Local Time). All BI Ds received will be publicly opened and acknowledged receipt. Bids received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidders allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION. ALL INTERESTED RESPONDENTS: To obtain documents online, please visit li3rynton beach„bidsandtendeirs„nei. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is to establish firm prices for the purchase of metal containers, lids, and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi -residential accounts for the purpose of refuse collection. The scope of work is more clearly defined in the Contract Document, Standard Terms, and General Conditions, which are hereby not listed in any order of precedence. NO BID CONFERENCE or SITE INSPECTION is scheduled. At the time of the bid opening, each bidder shall be presumed to have read and be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation with respect to this bid. No bids may be withdrawn for a period of ninety (90) calendar days after the Bid opening. ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form, or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n guarantee that the CONTRACTOR, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, or any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to section 119.07, Florida Statutes, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) calendar days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n INSTRUCTIONS TO BIDDERS 1. The City of Boynton Beach utilizes an electronic online bidding system service for notification and distribution of its solicitation documents; please visit I oylg_tLU-I�_q_gclr7„Ibidsarmdterrders..riet.. 2. ELECTRONIC PROPOSAL SUBMISSIONS ONLY shall be received by the City's e -Procurement Bidding System. Hardcopy submissions are not permitted. 3. Electronic Request for Qualification/Request for Proposal/Invitation for Bid Proposals for this solicitation shall be received by the City's e -Procurement bidding system no later than December 7, 2023, No Later Than 2:30 PM (Local Time). 4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the proposer to have their Request for Qualification/Request for Proposal/Invitation for Bid submittal submitted online. 5. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 6. It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at IBQylnton-Ibeach„bidsandtendeirs„riet prior to submitting their Submittal and up until the Bid closing time and date in the event additional addenda are issued. 7. To obtain documents online, please visit IEs?ynton beach„biidsaindteinders„Inst. You may preview the solicitation documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 8. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 9. For the above reasons, it is recommended that the Proposer allow sufficient time to complete your online proposal submission and to resolve any issues that may arise. 10. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at -s_iiup aair�Cg)Ibiidsaindteinders„inet. 11. Late Submittal Responses are not permitted by the Bidding System. 12. To ensure receipt of the latest information and updates via email regarding this Request for Qualification/Request for Proposal/Invitation for Bid, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 13. All expenses for making Submittal responses to the City are to be borne by the Proposer. Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n 14. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification/Request for Proposal/Invitation for Bid for review. The City reserves the right to modify the contract language prior to execution. 15. Each Proposer, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a Request for Qualification/Request for Proposal/Invitation for Bid, damages, if any, shall be limited to the actual cost of the preparation of the PROPOSER. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 SCOPE OF WORK The purpose of this bid is to establish a fixed price for a two-year term for the purchase of metal containers and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi -residential accounts for the purpose of refuse collection. The estimated annual expenditure for the contract is $150,000.00. The Bidder should also specify applicable warranty information. The City desires a minimum of one-year on components and workmanship. Warranty information should be submitted with the bid. The following are the minimum technical specifications for both the metal containers and roll -off containers. If you cannot comply with a specification, attach additional information indicating deviation to specification. All prices to be quoted FOB Destination to City of Boynton Beach Public Works Rolling Green Complex 502 NW 14th Avenue Boynton Beach, FL 33435 Delivery hours are from 7:00 a.m. to 3:00 p.m., Monday through Friday. Vendor is required to offload the containers upon delivery. The City desires delivery of specified containers within 30 calendar days after receipt of Purchase Order or Blanket Purchase Order release. TECHNICAL SPECIFICATIONS METAL CONTAINER DESIGN • Shall be of slope design to prevent damage when emptying • Shall be of steel box construction • Watertight with a minimum 1'/z" drain plug flush with the bottom of container • 10 -gauge bottoms • 12 -gauge minimum front, rear, and end walls • Containers with split lids to be of high-density polyethylene resin METAL CONTAINER PAINT • Shall be high-grade industrial enamel; same color • Prior to applying paint, all surfaces must be thoroughly cleaned to remove all grease, foreign Bid No. PWSW24-010— Metal Containers and Roll -Offs 7n matter, and weld slag • Prior to applying paint, rust and rough edges shall be removed by grinding • Prime coat — 1.5 mils thickness when dry, on coat inside and outside. • Finish coat — High gloss environmentally approved enamel of the same film thickness applied to outside of container • Color — Dark Green METAL CONTAINER OVERALL LOADING HEIGHT • Shall not exceed 40" for a 2 -yard container • Shall not exceed 44" for a 3 -yard container • Shall not exceed 46" for a 4 -yard container • Shall not exceed 46" for a 6 -yard container • Shall not exceed 48" for an 8 -yard container ACCESSORIES • Each container shall include plastic lid, minimum of three (3) hinge points per lid section; black • The Container shall be constructed so that it automatically closes the top lids of containers when employing the lifting arms without necessitating the operator to leave the cab of the truck • Container shall be constructed with external deep "V" plates at pickup points ROLL -OFF METAL CONTAINERS • Shall be construction/demolition/solid waste collection transport Containers designed for outside rail and cable loading • Shall be constructed of high carbon H/R steel • Sides shall be constructed with min. 10 -gauge H/R steel • Floor plating shall be not less than 7 -gauge H/R steel with continuous on all horizontal seams • Outer rails shall be constructed of 2" x 6" x 2/16" H/R carbon rectangular tubing with the front corners of the body portion of the rails to be solid 1 '/" plate inserted 9" into the tubing, each direction, for a total of 18", and a'/4" rub rail plate welded to the lower or bottom rail, the full length of the rail shall be continuously welded around the top perimeter • Floor Supports shall be at least 3" structural channel, located and welded at 16" center • Rear Door shall be constructed from 10 -gauge H/R steel, reinforced with 6" x 2 3/4" x 10 -gauge formed channels framing the door and reinforced with two channels vertically and divided equally from center, with continuous welding on all horizontal welds at top of channels. Hinges shall connect to 8" x 7" gauge formed channel vertical side post, and latch side post shall be 6" x 7" gauge formed channel post on body sides. • A safety chain and a safety pin with spring key shall be installed at the bottom of the rear door • There shall be two large rollers 6" x 9" constructed with not less than 1/4" thick walls and sides, with Bid No. PWSW24-010— Metal Containers and Roll -Offs 6 9 1 '/4" removable axles, equipped with grease fittings located at both sides of the rear of the container • There shall be two large rollers located at each side of the front of the container; designed contact hoist rails equipped with removable axles and grease fittings. Axles shall be retained with cotter pins • Pick up hooks must be able to accommodate standard cable hook-up systems such as "Galbreath." Hooks shall be constructed of 1 '/4" plate steel • All containers shall be sandblasted, vapor blasted, or air -ground and cleaned to remove mill scale and weld splatter and slag prior to any painting or sealing. • The bottoms and insides of containers shall be undercoated with rust preventive; one (1) coat of industrial primer and two (2) full coats of "Dark Green" high gloss industrial grade enamel paint. NOTE: Any unpainted surfaces shall be considered reason to refect delivery and acceptance of any container • Door hinges shall be constructed and fabricated of '/2" thick plate steel and shall be 10" x 9" on container side and 10" x 7" at the door side with a 1 7/16" solid round hinge pin equipped with a grease fitting, and shall be welded to the body and door with continuous welds. WARRANTY Minimum of one-year (365 calendar days) on components and workmanship THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No. PWSW24-010— Metal Containers and Roll -Offs 71 METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 STANDARD TERMS AND GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the e -Procurement bidding system. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid," price, quantifiable factors, and other factors are considered. Such factors include, but are not limited to, specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performances in other contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; Bid No. PWSW24-010— Metal Containers and Roll -Offs 74 G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.29, "Public Entity Crimes." d. Not completing the BID, RFQ, or RFP Submittal Forms as required. 10. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Vendor's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 11. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful bidder shall sign and deliver the Contract with the required bonds and insurance as applicable to the City. After receipt and approval of such documents, the contract will be executed. Within thirty (30) calendar days thereafter, the City shall deliver a fully signed and executed Contract to the successful Vendor. At times, a purchase order will be issued in lieu of a contract agreement. The General Terms and Conditions of the City's purchase order shall apply and prevail over any conflicting terms or conditions. 12. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders mustfurnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 13. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) calendar days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 14. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 15. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors." The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in Bid No. PWSW24-010— Metal Containers and Roll -Offs 712 the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system IBJylntoln beaclh„biidsalndtelndeirs„net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Igyirnr�rp- beach.,_bidsand.tendgrs,,net prior to submitting their bid, and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Bidder's submission, and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS” section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 17. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY.” 18. SAMPLES: Samples of items, when called for, must be furnished free of expense, and, if not used, tested, or destroyed upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) calendar days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 19. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 20. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 21. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s) of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS," and this sheet shall be attached to the bid. The use of the bidder's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 22. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected Bid No. PWSW24-010— Metal Containers and Roll -Offs 10 71 and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default, in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 24. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 25. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 26. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 27. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 28. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by section 287.012(11), Florida Statutes, requests for proposals as defined by section 287.012(16), Florida Statutes, and any contract document described by section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 29. SCRUTINIZED COMPANIES LISTS section 287.135, Florida Statutes: By submission of this BID, the bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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 Bidder of the City's determination concerning the false certification. Bidder shall have five (5) calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder 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. 30. NON -COLLUSION AFFIDAVIT: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act or any act that may result in an unfair advantage for Bid No. PWSW24-010— Metal Containers and Roll -Offs 11 74 one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted, either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor list(s), and/ or debarment or suspension from doing business with the City Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidderto submit this document to be a major irregularity and may be cause for rejection of the Proposal. 31. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City's opinion, a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims are Trade Secret information and exempt from section 119.07, Florida Statutes (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under section 119.07, Florida Statutes. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 32. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. 34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS." 35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the City. 36. INSURANCE REQUIREMENTS: If a vendor is providing a service under this agreement/contract, then the vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach." The vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within two working days of request). Failure to maintain the required insurance shall be considered a default of agreement/contract. 37. INDEMNIFICATION: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida, its officers, agents, volunteers, and employees from liability of any kind in the performance of Bid No. PWSW24-010— Metal Containers and Roll -Offs 12 71 this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provisions of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 39. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 40. AWARD OF CONTRACT: The low monetary bid will NOT, in all cases, be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based on the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 41. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified will be returned at no expense or penalty to the City of Boynton Beach. 42. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 43. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries are to be made during normal working hours of the City. Time is of the essence, and delivery dates must be met. Should the vendor fail to deliver on or before the stated dates, the City reserves the right to CANCEL the order or agreement/contract and make the purchase elsewhere. The vendor shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for the City of Boynton Beach has, by inspection or test of such items, determined that they appear to fully comply with specifications. The City may return, at the expense of the vendor and for full refund or credit at the discretion of the City, any item(s) received which fail to meet the City's specifications or performance standards. 44. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. Bid No. PWSW24-010— Metal Containers and Roll -Offs 13 71 45. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 calendar days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 46. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the bidder shall be withheld until a visual inspection is made by the CITY'S DESIGNEE and the merits of performance are evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) calendar days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs, and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder unless such loss or damages have been proven to be the result of negligence by the City. 47. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City, and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. 48. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed, and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 49. CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. It is the responsibility of the vendor to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. Failure to meet this requirement shall be considered a default of the agreement/contract. 50. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 51. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if Bid No. PWSW24-010— Metal Containers and Roll -Offs 14 717 awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc., shall comply with all O.S.H.A. and State safety regulations and requirements. 52. PALM BEACH COUNTY INSPECTOR GENERAL: The vendor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower -tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower -tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. 53. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) calendar days after the opening of the Bid unless the City announces intent to award sooner, in accordance with section 119.07, Florida Statutes. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. 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 Statutes, or as otherwise provided by law; C. 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 contract 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 D. 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. E. 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: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 iit Cllelrlk ®Ik�lk�f s, Bid No. PWSW24-010— Metal Containers and Roll -Offs 1s 71 54. E -VERIFY: Contractor is aware of and complies with the requirements of section 448.095, Florida Statutes, 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, Florida Statutes, "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 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. 55. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 56. SUCCESSORS AND ASSIGNS: The City and the vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the vendor shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of the other. 57. INCORPORATION PRECEDENCE AND JURISDICTION: This solicitation shall be included and incorporated in the award or resulting agreement/contract resulting here from. Any and all legal action necessary to enforce the award or resulting agreement/contract shall be governed by the laws of the Bid No. PWSW24-010— Metal Containers and Roll -Offs 16 9 State of Florida. Any legal action necessary to enforce the award or the resulting agreement/contract shall be in a court of competent jurisdiction located in Palm Beach County. 58. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contractor from any other matter generated by or relating to the agreement/contract. 59. NO THIRD -PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall be construed to, create any third -party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or vendor. 60. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor's risk. 61. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and State Taxes. 62. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 business days, the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 63. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. 64. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the agreement/contract that lowers the price of the procured item, the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in effect for the duration of the agreement/contract. The vendor warrants that the price(s) shall not exceed the vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities or the current market price, whichever is lower. In the event the vendor offers more favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the then -current market price, whichever is lower. 65. REMEDIES: 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 now or hereafter existing at law, or in equity, 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. 66. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner, or form. 67. SEAL, LOG, and FLAGS: The vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without specific pre -approval. 68. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: Bid No. PWSW24-010— Metal Containers and Roll -Offs 17 71 a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the dangers of drug abuse in the workplace, the Vendor's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number 1 above. d. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. e. Impose a sanction on, or require satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community for any employee who is so convicted or so pleads. f. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of section 287.087, Florida Statutes. 69. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach's Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager via hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualification, the protest shall be received prior to the bid submittal deadline date. B. If the protest relates to any other matter relating to the bid, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach's Purchasing Policy shall constitute a waiver of proceedings. 70. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. 71. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give five (5) business days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and on the date given Bid No. PWSW24-010— Metal Containers and Roll -Offs 18 721 in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. 72. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 73. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. PWSW24-010— Metal Containers and Roll -Offs 19 722 SPECIAL CONDITIONS PURPOSE: The City of Boynton Beach is requesting bids for the purchase and delivery of metal containers and roll -offs meeting the minimum specifications contained herein. TERM OF CONTRACT: The initial term of the awarded contract shall be for two (2) years, effective upon a fully executed contract by all parties. The City of Boynton Beach may extend the Agreement at the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance as determined, and that the renewal will be in the best interest of the City. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1) the volatility is due to causes wholly beyond the successful BIDDER's control; 2) the volatility affects the marketplace or industry, not just the particular successful BIDER's source of supply 3) the effect on pricing or availability of supply is substantial; 4) the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City's approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City's Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination, the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. Bid No. PWSW24-010— Metal Containers and Roll -Offs 20 71 AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. Once the sealed bids are opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids, and the City's decision shall be final. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Email: AIF» b0 us All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt, including both manual signature and printed name of the designated City employee or authorized agent; The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents, are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. Bid No. PWSW24-010— Metal Containers and Roll -Offs 21 724 0 METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Online Acknowledgement ❑Proposer Acknowledgement ❑Addenda Acknowledgement ❑Confirmation of Drug -Free Workplace ❑Palm Beach Inspector General b) Online Forms ❑Letter of Interest ❑Confirmation of Minority -Owned Business ❑Local Business Certification ❑Schedule of Sub -Consultants ❑References C) Upload Online ❑Bid Form ❑Bid Bond Documents ❑Bidders Qualification Statement ❑Anti -Kickback Affidavit ❑Non -Collusion Affidavit of Proposer ❑Certification Pursuant to Florida Statute § 287.135 ❑Submit current Florida Professional License, including evidence of possession of required licenses or business permits ❑E -Verify Form Pursuant to Florida Statute § 448.095 ❑ W-9 ❑Warranty information ❑Submit any Supplemental information relative to this BID Bid No. PWSW24-010— Metal Containers and Roll -Offs 22 79 THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 23 77 BID FORM METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 1"o1131= C t; UNiU 11� lll,,,, Viii! "'III" Ilf iii! IIIA II4 III) UI„I IIf:1 III,,,.O Alf 1 llliiii! I1 � O 11 Ill,,,,111 IN lI:iii! The City of Boynton Beach is requesting bids for the purchase and delivery of METAL CONTAINERS AND ROLL -OFFS. The City of Boynton Beach is seeking a firm price for Metal Containers and Roll -Offs in accordance with the terms, conditions, and specifications contained in this Invitation to Bid. Submitted By: (BIDDER) Date: To furnish and deliver all materials in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a Contract with the CITY to furnish and deliver all materials, as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) calendar days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) calendar days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents, and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. Communications concerning this Bid shall be as follows: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 24 Q Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of , 20 a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 25 BID BOND STATE OF FLORIDA COUNTY OF PALM BEACH KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated 120 , for: (METAL CONTAINERS AND ROLL -OFFS) NOW THEREFORE, A. If the principal shall not withdraw such Bid within ninety (90) calendar days after date of opening of the same and shall, within ten (10) calendar days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies if the latter amount is in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with section 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in section 255.05 (2), Florida Statutes. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 26 IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: SURETY: Corporate Surety WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State Attorney -in -Fact (affix seal) Business Address City and State Name of Local Insurance Agency THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 27 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the such Bid Bond on behalf of the Principal was then of such Corporation; that I know his signature, and his signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified, and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 28 TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: PWSW24-010 Bidder: Name: Address: City/ State: Phone: Bond Amount: SURETY BOND COMPANY Name: Address: City/ State: Phone: ZIP: ZIP: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266), the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under sections 9304 to 9308 of Title 31 of the United States Code. Date Agent and Attorney -in -Fact THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 29 BIDDER'S QUALIFICATION STATEMENT 1" O B Illiiii! COM 11) IIL....III.iii!"'III" IIl.iii! Ilf; t ANI) U 11) III,,,.O J1;) Illiiii! 1) O III* 111....111 IN Viii! The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Telephone No. Email Address. 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address, and ownership units of all partners: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 30 Check One Submitted By: Corporation Name: Partnership Address: Individual City, State, Zip: Other Telephone No. Email Address. 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. 3. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address, and ownership units of all partners: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 30 4. What is the last project of this nature that you have completed? C. State whether general or limited partnership: 5. If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: 6. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 7. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 5. Have you ever failed to complete work awarded to you? If so, when, where, and why? 6. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 7. Indicate registration, License Numbers, or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 8. Will you sublet any part of this WORK? If so, give details. 9. State the name and address of the Attorney, if any, for the business. 10. State the names and addresses of all businesses and/or individuals who own and have interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 31 71 11. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the bidder: 12. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 13. What will be your turnaround time for written responses to the City's inquiries? 14. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1 ? YES NO 15. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 16. List and describe all bankruptcy petitions (voluntary or involuntary) that have been filed by or against the Bidder, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description the disposition of each petition. 17. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 19. Bank References (include name, job title, address, and telephone number of contact person) — Minimum 1 20. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. I Government Related Work THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 32 71 b. Non -Governmental Related Work Total Work (a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 21. Provide a description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 22. Provide a description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract, and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BI DDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. Subscribed and sworn to before me This day of 2023 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 33 71 ANTI-KICKBACK AFFIDAVIT 1" O B Illiiii! C O u1� 11) IIL....III.iii!"'III" IIl.iii! Ilf; t ANI) U 11) III,,,.O J1;) Illiiii! 1) O III* 111....111 IN Viii! STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward, or gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE 12023 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 34 NON -COLLUSION AFFIDAVIT OF PROPOSER 1"o 11;:111=COM 113 lll,,,,11;;;!"'III" Ilf;;;! Ilf AlI 1I) U1::11 ,,,.0 JIf 1 111=1) O 111 lll,,,,111 State of ) County of ) being first duly sworn, deposes and says that: 1) He / She is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He / She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) BIDDER shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in section 112.3135(1)(c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. 7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 35 71 NAME RELATIONSHIP Witnesses: BIDDER: Signed: Typed name: Name: Title: Typed name: Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: (Signed) (Title) THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 36 739 CERTIFICATION PURSUANT TO SECTION 287.135, FLORIDA STATUTES 1"o1131= C O uN� 11) lll,,,, Viii! "'III" Ilf iii! Ilf; t AlIN 1I) U 111111,,,.0 Jlf 1 llliiii! 11�u O III* III,,,, III I14 Viii! I, , on behalf of Print Name and Title that does not: Company Name 1. Participate in a boycott of Israel; and Company Name 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant 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. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to section 215.473, Florida Statutes, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 37 7d COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 38 7A CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES 1" OIll3 llliiii! C O M llf) lll,,,, lI iii! "'III" Ilf iii! Ilf; t A141)U WPI 0 llf 3 llliiii! 11;t 0111 111,,,, III 114 Viii! Project Name: Solicitation No 1. Definitions: METAL CONTAINERS AND ROLL -OFFS BID: PWSW24-010 "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. 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) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 39 742 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated section 448.09 (1), Florida Statutes, the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated section 448.095 (2), Florida Statutes, but the Contractor otherwise complied with section 448.095 (2), Florida Statutes, shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. PWSW24-010— Metal Containers and Roll -Offs 40 3 METAL CONTAINERS AND ROLL -OFFS BID No.: PWSW24-010 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA IIFO II IIEIlf,II IIEIlf; IIIIIS"'T Ilf; lllII)Ilf; III III"'f"Il::::;, III III,,,.IIIIISIE; The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of products/services called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows The undersigned proposes to deliver the service in accordance with the specifications for: "METAL CONTAINERS AND ROLL -OFFS". DESCRIPTION QTY UNIT UNIT TOTAL Manufacturer / Model No. RICE Metal Containers; 2 C.Y., green, with black 10 EACH $ $ plastic lids Metal Containers; 3 C.Y., green, with black 10 EACH $ $ plastic lids Metal Containers; 4 C.Y., green, with black 20 EACH $ $ plastic lids Metal Containers; 6 C.Y., green, with black 20 EACH $ $ plastic lids Metal Containers; 8 C.Y., green, with black 20 EACH $ $ plastic lids Lids, black plastic with rods for 2 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 3 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 4 C.Y 10 EACH $ $ containers Lids, black plastic with rods for 6 C.Y 10 EACH $ $ containers THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 41 744 Lids, black plastic with rods for 8 C.Y 10 EACH $ $ containers Container, roll -off, 1 EACH $ $ open 10 C.Y., green Container, roll -off, 1 EACH $ $ open 20 C.Y., green Container, roll -off, 1 EACH $ $ open 30 C.Y., green Container, roll -off, 1 EACH $ $ open 40 C.Y., green Container, recycling roll -off, with plastic 1 EACH $ $ doors, 40 C.Y., green TOTAL COST THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 42 7d DRAFT -SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and [INSERT ENTITY NAME] a [ INSERT type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of [INSERT ADDRESS], hereinafter referred to as the "VENDOR." In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work and all labor, parts, and materials related as described in the PWSW24-010 - Metal Containers and Roll -offs. 2. SCOPE OF SERVICES. VENDOR agrees to perform the Work required for the PWSW24-010 - Metal Containers and Roll -offs which is incorporated and attached as Exhibit A ("Work"). 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on [insert date] and shall remain in effect through [insert termination date] unless otherwise terminated in accordance with this Agreement ("Initial Term"). The CITY reserves the right to renew the agreement for three (3) additional one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY ("Renewal"). Such Renewals are only effective and valid if in writing and executed by each parties' authorized representative. Both the Initial Term and all Renewals shall be collectively referred to as the "Term." Price increase will be subject to the CITY's approval at optional year renewals. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 days prior to the respective term anniversary date. Price adjustment for any additional year term will be subject to City's Commission approval. The price increase percentage change shall not exceed the previous year's percentage change of the Consumer Price Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 43 7d A. Payment for the Work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contracted price without express written modification of the Agreement signed by the CITY Manager or designee as approved by the City Commission as required. B. The VENDOR 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 VENDOR in the amount approved. C. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment and incidentals necessary to complete the Work. E. The VENDOR'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 five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR 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 VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 44 747 C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 12, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 45 7d days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work 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 VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. 12. DISCRIMINATION PROHIBITED. The VENDOR, 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. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for Work performed to the termination date, including Work reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 46 9 shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 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. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy to: Shawna G. Lamb, City Attorney 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 18. INTEGRATED AGREEMENT. This Agreement, together with attachments, exhibits or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 19. PUBLIC RECORDS. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 47 750 A. Keep and maintain public records required by the CITY to perform the Work; B. 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, Fla. Stat. or as otherwise provided by law; C. 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 contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 Ciit Ileirlk IblbfL u 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 VENDOR 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 VENDOR of the CITY's determination concerning the false certification. VENDOR 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, VENDOR 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 VENDOR 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. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 48 79; 21. E -VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. 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. ii. "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. iii. "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. B. 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: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 iii. 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 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. 22. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING. VENDORS are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider a VENDOR's social, political, or ideological interests when determining if the VENDOR is a responsible VENDOR. VENDORS are further notified that the CITY's governing body may not give preference to a VENDOR based on the VENDOR's social, political, or ideological interests. THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 49 79; 23. MISCELLANEOUS. A. 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. B. CITY and VENDOR 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. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs s0 79; default and breach of this Agreement by VENDOR : The abandonment of the project by VENDOR for a period of more than seven (7) business days. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. III. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. IV. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. V. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) business days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own cost and expense. i. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the VENDOR had the VENDOR continued to perform the services under the Agreement. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR and/or the Surety together with the costs THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 51 79; incident thereto to such default. iii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of such notice from CITY. 25. Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. SIGNATURE PAGE FOLLOWS THIS PAGE TO BE ENTERED INTO BIDDING SITE ONLY Bid No. PWSW24-010— Metal Containers and Roll -Offs 52 755 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 Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12023. CITY OF BOYNTON BEACH COMPANY Daniel Dugger, City Manager Approved as to Form: Shawna G. Lamb, City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk Bid No. PWSW24-010— Metal Containers and Roll -Offs (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name 53 79; 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) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 Bid No. PWSW24-010— Metal Containers and Roll -Offs MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 -------------------------------------------- ---------------- Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost 54 757 7.E Meeting Date: 02/ 6/2024 Proposed Resolution No. R24-031- Approve utilizing the City of Plantation, Florida, Bid No. 072-22, and Authorize the City Manager to sign an agreement with Pavement Technology, Inc. of Westlake, Ohio, for Asphalt Rejuvenation Services with an estimated annual cost of $150,000. Requested Action: Approve Proposed Resolution No. R24-031. Explanation of Request: Agreement Term: February 7, 2024 - April 16, 2024, with four optional 1 -year renewals. Pavement Technology, Inc., has been awarded the Asphalt Rejuvenation Services from the City of Plantation, Florida, under a continuing services contract. The City of Plantation's procurement process satisfies the City's competitive bid requirements. The Contractor shall provide all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surfaces. The Construction Services Division is seeking consent to piggyback this contract and establish an agreement with Pavement Technology, Inc. to provide Asphalt Rejuvenation Services at designated streets within the City of Boynton Beach at the level of service that users expect. How will this affect city programs or services? The newly proposed and adequately budgeted program will maintain and prolong the life of the roadways within the City. Fiscal Impact: $150,000 per year to maintain and prolong the life of the roadways within the City. Attachments: R24-031 Piggy -back _-_City_of _Plantation_Asphalt_Rejuvenation_-_Reso.docx Pavement Technologies Inc. (1.20.24) Signed Agreement.pdf Award Information - Plantation.pdf BID TABULATION SHEET - Plantation.pdf ITB No. 072-22.PDF.pdf 758 1 RESOLUTION NO. R24-031 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE PIGGYBACK UTILIZING THE CITY OF PLANTATION, FL. 6 BID NO. 072-22 AND AUTHORIZE THE CITY MANAGER TO SIGN AN 7 AGREEMENT WITH PAVEMENT TECHNOLOGY, INC., OF WESTLAKE, 8 OHIO, FOR ASPHALT REJUVENATION SERVICES WITH AN ESTIMATED 9 ANNUAL COST OF $150,000.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Construction Services Division is seeking consent to piggyback this 13 contract and establish an agreement with Pavement Technology, Inc. to provide Asphalt 14 Rejuvenation Services at designated streets within the City of Boynton Beach at the level of 15 service that users expect; and 16 WHEREAS, the Department would like to piggyback the City of Plantation, FL. Bid No. 17 072-22, which meets the City of Boynton Beach procurement requirements; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 19 the best interests of the citizens and residents of the City of Boynton to approve the piggyback 20 utilizing the City of Plantation, FL. Bid No. 072-22 and Authorize the City Manager to sign an 21 agreement with Pavement Technology, Inc. of Westlake, Ohio, for Asphalt Rejuvenation Services 22 with an estimated annual cost of $150,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves the piggyback utilizing the City of 30 Plantation, Florida, Bid No. 072-22, and authorizes the City Manager to sign an Agreement with 31 Pavement Technology, Inc., of Westlake, Ohio, for Asphalt Rejuvenation Services with an 32 estimated annual cost of $150,000.00. A copy of the Agreement is attached hereto and 33 incorporated herein by reference as Exhibit "A." C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr 740BB2E4\@BCL@740BB2E4.Docx 759 34 35 901 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of February 2024. CITY OF BOYNTON BEACH, FLORIDA rd: :Eel Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney C:AUsers\EASYPD—l\Appdata\Local\Temp\BCL Technologies\Easypdf 8\aBCL cr 740BB2E4\@BCL@740BB2E4.Docx 760 RE PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAVEMENT TECHNOLOGY, INC. This Piggyback Agreement is made as of this _ day of February, 2024 by and between PAVEMENT TECHNOLOGY, INC., with a principal address of 24144 Detroit Road, Westlake, Ohio 44145, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on April 17, 2023, the City of Plantation, a Florida Municipal Corporation, issued an "Invitation to Bid" (ITB) to solicit responses from qualified firms with expertise in the provision all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surfaces for which it received a total of one (1) response; and WHEREAS, the City of Plantation found Pavement Technology, Inc. ("Vendor"), to be the lowest responsive, responsible bidder, and awarded it a one (1) year agreement, Agreement No. 072-22 (the "Master Agreement"), commencing April 17, 2023, with four (4) additional one- year renewal options; and WHEREAS, the City desires to obtain similar asphalt rejuvenation services; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and prolong the life the roadways within the City, the City's Construction Services Division is requesting the City enter into a Piggyback Agreement with Vendor to provide asphalt rejuvenation services ("Services"); and WHEREAS, the Vendor has provided the City with a proposal for Services, attached as Exhibit "A;" and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit `B." Piggyback Contract— Pavement Technology, Inc. 1 761 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on February 7, 2024, and will remain in effect until April 16, 2024, with four (4) one-year renewal options ("Term"). The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to complete the Services, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "City of Plantation" are hereby replaced with the "City of Boynton Beach." The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the Services in an annual amount not to exceed $150,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Piggyback Contract— Pavement Technology, Inc. 2 762 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: 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 Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. 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, Fla. Stat. or as otherwise provided by law; C. 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 contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and Piggyback Contract— Pavement Technology, Inc. 3 763 D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor 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. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 ,,,,iii„t III ii�ll� 111111 , 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor 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 Vendor 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 the Vendor of the City's determination concerning the false certification. The Vendor 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, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor 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. 11. E -VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility,” including the registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. 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 Piggyback Contract— Pavement Technology, Inc. 4 764 court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: 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. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum 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 Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for Piggyback Contract— Pavement Technology, Inc. 5 765 punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow Piggyback Contract— Pavement Technology, Inc. 6 766 IN WITNESS OF THE FOREGOING, the pat -ties have set their hands arid seals the day and year First written above. CITY OF BOYNTON BEACH, FLORIDA Daniel Dugger, City Manager Approved as to Form: Shawna G. 1,amb, City Attorney Attested/Authenticated: Maylee DeJesus, City Clerk Susan Durante Print Marne of Authorized Official Secretary/Treasurer Title Attest/Authenticated: < Go I f I P 00 4) (Signature), Witness Debbie Cancelliere Print Name Piggyback Contract — Pavement Technology, hic, 7 767 EXHIBIT A VENDOR'S PROPOSAL Piggyback Contract— Pavement Technology, Inc. 8 768 Technology, Inc. Phone: 800-333-6309 440 -8924895 -- Fax: 440-892-0953 January 3, 2024 Mr, Carl Frumenti Project Manager City of Boynton Beach 100E Ocean Avenue Boynton Beach, FL 33435 RE: Asphalt Rejuvenation Project -Term Contract Agreement No. 072-22 Dear Mr. Frumenti: We are pleased to offer our proposal to apply R.eclarniteO Asphalt Rqjuvenator to streets located in The City of Boynton Beach, FL. Attached find verification of our contract with the City of Plantation, Florida for the application of ReclarriitO�'Asphalt Rejuvenating Agent, Pavement Technology, Inc. can offer to T'he City ofBoynton Beach, the contract price of S 1.21 per square yard, from April 17, 2023 to April 16, 2024, per said contract, We took forward to the opportunity to be of service to you and The City of Boynton Beach. 3� Colin Durante President cduna a ..... ..... .... cc: Chris Evers, John J. Schlegel 769 Technology, Inc. yZE Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 — Mr. Carl Frumenti Project Manager City of Boynton Beach 100 E Ocean Avenue Boynton Beach, FL 33435 10MMUNAITRIEM We are pleased to offer our proposal to apply ReclaniiteV asphalt reiuvenator to the streets listed below. 770 Estimated Square Street ... ..... .............. From ... . ....... ....... To Yards Amount Plaza Ln . ...................... Be iton Lakes Blvd m ss Ave 2240 $2,710A0 SWNW 6th St, SW I st AveNWFi.rstAve_,_( 3,831�28 SW 4th Ave End near SW 7th St_) ..... ...... ..... . ...... ....... . . . NE 4thAve . -- N Federal 14 ... :n- ......... . . NE 4th St . 11-111 --- .... ...... . ....... 302 $365.42 SW 22nd St ..... . ......... 00 i 'ht I . ..... SW 23rd Ave .......... . . .... ..............«,,,............__.......... 2,1:33 .. ..... -,-3 $258093 . ...... _=� _.. , �__ NW Ist Ave .. ........ -------- --------- .... ....... . Ave,.....- NW 41h Ave S Seaerest Blvd 5 584 $675-----64 --1111111111= - - - W Ocean Ave ............... Start . S Seacrest Blvd . ................... . ..... . . . --------- 4.58 SW I st Ave ...... . ..... . . ............ SW 4th St S Seacrest Blvd ....... . SW 2nd Ave SW 4th St ................... S Seacrest Blvd . . ................ - 1-11--1— .1 . ..... 5 2_ —Z-qQ-- _�0,77�..42 ______.._..w.... SW 3rd Ave SW 4th StS ........ . ...... Seacrest Blvd .................... -- ........... 55547 __5 ),711 NW 4th St NW I st Ave _.«_«.«,«,---....______...w............ W Ocean Ave .. -- . . . . . . .......... ...... ..... . . . ...... 632 . . $76432 . .......... ---- SW 4th St W Ocean Ave SW 2nd Ave 1,369_51,656.49 SW 4th St SW 2nd Ave....... ....... SW 4th Ave 1462, 775.07 SW 4th Ave SW 4th St . . . . ........ SW Ist St . . . . . . ........................ . . 4,400 $5,324v00 SW 3rd Cwt W Ocean Ave .............. - . . ........ SW 2nd Ave,380 ---------- $1,669�80 NW 3rd St W Boynton BeacbBlvd. . . . . . ......... . . . ........... . W Ocean Ave 1,329 . .. . . 51,60 09 ..... 11— 1 -- - SW mrd St W Ocean Ave SW 4th Axle ««,«««__..... ................. 2,807 _$3 396 47 . I --:-- NW 2nd St W Beach Blvd W Ocean Ave 1,320 . ..... $1 59720 SW 2nd St .. . ....... �B�ton W-29ean Ave ............... I. SW 2nd Ave 1 324 $1,60104 SW 2nd St SW 2nd Ave SW 4th Ave ..... . .... 770 ................. .. 1st Si ........... W BoLrjw gn Beq�4,pjyq_ _W Ocean Ave 1 320 $1,597.20 SW I st St W Ocean AveSW 2nd Ave .............. ...... . ... 1320 ............ . ........ $1,597.20 st SW 2nd'.A.y.e,.,,_ _........._......._w... 4.thA,ve ... . .. . . ............ $.....1.....,656A9 .. I st Ct ' End En.............. �L1SW l5. 4th Ave SW 1st Ct S Seacrest Blvd796 $963.16 NE Ist Ct . ..... .......... . E Gateway NE 26th . .......... 86M4 1-1-111 . . ............... am 72,122 $87,267.62 The above pricing includes traffic control, notification of residents and all labor and n-m-terial necessary to complete the work in accordance with the City ol'Plantation contract specifications. Actual field ineasurenients will determine final quantities, Thank you for your interest in pavement preservation with Reclamitel. Sincerely, Chris Evers 771 EXHIBIT B AGREEMENT BETWEEN CITY OF PLANTATION, FLORIDA AND PAVEMENT TECHNOLOGY, INC. Piggyback Contract— Pavement Technology, Inc. 9 772 CITY OF PLANTATION Plantation AGREEMENT Between THE CITY OF PLANTATION And PAVEMENT TECHNOLOGY, INC For ASPHALT REJUVENATION PROJECT- TERM CONTRACT AGREEMENT NO. 072-22 77 f ii/%% ////!i --i Agreement By and Between City of Plantation Pavement Technology, Inc. for Asphalt Rejuvenation Project — Term Contract Agreement No. 072-22 1. PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this Pa Corporation of 2023 b and between the CITY OF PLANTATION a Florida Municipal ............. g ( g ) orporation with its principal place of business at 400 NW 73 AVENUE PLANTATION, FL 33317, ("City") and PAVEMENT TECHNOLOGY, INC, a Ohio Corporation with its principal place of business at 24144 Detroit Road, Westlake, OH 44145 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. The Contractor shall timely complete the required services to the City as set forth in the terms and conditions in this Agreement. The Contractor represents that it is experienced in providing and furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surface courses to public clients, is licensed and authorized to do business in the State of Florida, and is familiar with the requirements of the City. 2.2 Service The City desires to engage the Contractor to provide and furnish all labor, material, and equipment necessary to perform all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surface courses. The Contractor represents and warrants that it is able to satisfactorily provide the service according to the Scope of Services, which are incorporated herein by reference as Exhibit "A". The following Exhibits referenced herein are hereby incorporated into this Agreement- Exhibit "A" Scope of Services, Exhibit "B" documentation required by the City submitted by the Contractor during the solicitation period prior to Notice of Award, Exhibit "C" Front -End Documents, Exhibit "D" Insurance Requirements, Exhibit "E" Rates, Exhibit "F" General Terms and Conditions, Exhibit "G" Addenda. 2.3 Procurement The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Asphalt Rejuvenation Project — Term Contract The City of Plantation received one (1) bid response from Contractors stating they can perform/provide the aforementioned service. The City of Plantation found Pavement Technology, Inc., to be the lowest responsive, responsible bidder and presented the recommendation of approval to the City Council for execution of an agreement. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 774 The City of Plantation City Council approved the execution of an agreement Asphalt Rejuvenation Project — Term Contract on Consent Agenda Item No. 8 on March 29, 2023. 3. TERMS. 3.1 Term. _.........,�A Theinitial agreement period ,shall ....befor .o..ne O1.....,._year, commencing 2023and expiring 2024. In addition, the City reserves the right to extend this Agreement for four (4) additional one (1) year renewal periods, provided the Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. Prices shall remain firm and fixed for the initial term of the Agreement. 3.2 Res lonsibilitiesof Contractor,, A. Payment., Payment for work shall be authorized upon completion of all work specified in "Scope of Services" of this specification. Invoices will be subject to verification and approval by the department requesting the service. Each invoice shall be submitted in increments not greater than thirty (30) days. All invoices are required to be submitted within three (3) months, if invoices are not submitted within three (3) months, the City reserves the right not to pay due to delinquency. B. Contractor's Compensatiori. At the completion of Services, the Contractor shall receive a compensation of the prices listed below and further specified in Exhibit C. Rates: Description Standard S recitication — Reclamite Description Bid Alternate #1 A.R.A: 1 Ti Pollution- RemediatinMaltene As )halt Rejuvenator' Per SQ YD Cost $1.21/per square yard Per SQ YD Cost $2.49/per square yard C. Control andmwPayment —of MSubordinates;—Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the Term. Any additional personnel performing the Services on behalf of Contractor shall also not be employees of City and shall at all times be under the Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 775 AGREEMENT D. Control and Payment of Subcontractors. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of this Agreement for the benefit of the City. The Contractor shall be responsible for the payments to any Subcontractors, including any professional fees, or Suppliers and additional costs within 14 calendar days of City's payment to Contractor. The City shall not be responsible for any payments to Subcontractors or Suppliers. The City shall not be billed directly or indirectly for any professional fees or additional costs of the Subcontractors for the Project. E. Schedule of Services. Contractor shall perform the Services expeditiously, within the Term, and in accordance with the Scope of Services set forth in Exhibit "A". Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate the Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Scope of Services. F. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. G. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. H Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times. I Standard of Care; Performance of Employees. Contractor shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Florida. Contractor represents and warrants that it is skilled in the professional calling necessary to perform the Services. Contractor represents and warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents and warrants that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the Term. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its Subcontractor who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 776 AGREEMENT Contractor and shall not be re-employed to perform any of the Services or to work on the Project. J Excusable Delays. Neither Party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. Notwithstanding the foregoing, the City shall have no obligation to compensate Contractor for any Service that Contractor fails to perform, or otherwise has not performed. K Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Contractor warrants that it shall perform the Services in compliance with all applicable Federal and Florida employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. i. Equal Opportunity Employment. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any Subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. L Insurance. i. Time for Compliance. Contractor shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit "D". In addition, Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit "D". M. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 777 AGREEMENT procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. X Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 3.3 Termination of Agreement. A For Convenience. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if Contractor avails itself of the Dispute Resolution process set forth below in subsection 3.6C. B. For Cause. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may, but is not obligated to, provide Contractor with an opportunity to cure any breach prior to the effective date of any termination for cause. The Contractor may not terminate this Agreement except upon a breach by the City, which is not cured upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the Contractor shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining unperformed parts of this Agreement, and for that portion (if any) of the Contractor's performance which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable compensation for the Contractors' performance of Services rendered to the satisfaction of the City). Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection 3.6C, then the City may not terminate this Agreement for Cause until the conclusion of the Dispute Resolution process. C. Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services. Contractor shall be required to provide such documents and other information within 21 calendar days of the request. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 778 AGREEMENT E. Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated. 3.4 Ownership of Materials and Confidentiality. A Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data in any form, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). All Documents & Data shall be and remains the property of City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within 21 calendar days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of 15 years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Contractor shall notify City and provide City with the opportunity to obtain the Documents & Data. B. SubContractors. Contractor shall require all SubContractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the SubContractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its SubContractors, or those provided to Contractor by the City. C. Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor's seal from the Documents & Data. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a parry for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor. D. Indemnification. Contractor shall defend, indemnify and hold the City, its, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 779 AGREEMENT indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City the Documents & Data, including any method, process, product, or concept specified or depicted. This subparagraph shall survive termination or expiration of this Agreement. E Confidentiality. To the maximum extent permitted by law, all Documents & Data, either created by or provided to Contractor in connection with the performance of this Agreement, shall be held confidential by Contractor. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Contractor for any purposes other than the performance of the Services. To the maximum extent permitted by law, Contractor shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor that is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5 General Provisions. A Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address (physical or electronic) as the respective Parties may provide in writing for this purpose: Contractor: City: Pavement Technology, Inc Colin M. Durante, President 24144 Detroit Road Westgate, OH 44145 Mayor Nick Sortal 400 NW 73rd Avenue Plantation, FL 33317 With copies to: Jason Nunemaker Chief Administrative Officer 400 NW 73rd Avenue Plantation, FL 33317 Kerry L. Ezrol, City Attorney Goren Cherof, Doody & Ezrol, P.A. 3099 E Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 780 AGREEMENT Such notice shall be deemed made when personally delivered, or, if mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. i. Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, contractors, or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due, be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notices from the City, fails to make any payment due hereunder to the City, Contractor shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from Contractor. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. Agreement. iv. This paragraph shall survive termination or expiration of this C Dispute Resolution ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 781 AGREEMENT i. In the event that any dispute between the City and the Contractor concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by the Contractor to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of the Contractor) request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial determination in accordance with the provisions set forth below in subsection 3.61). ii. No later than 10 calendar Days after the Contractor's receipt of the City's determination, the Contractor shall respond to the City in writing, either accepting the determination or stating the Contractor's factual or legal objection to the determination. If the Contractor's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, the Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends to seek judicial determination of a matter decided by the City, the Contractor shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, the Contractor shall continue to perform the Services required under this Agreement during this resolution period, including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If the Contractor complies with the City's written determination, the City shall continue to perform under this Agreement and make all payments due (other than those or the portions of payments in dispute, if any) during the resolution period. This payment provision shall not apply in the event that the Contractor fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute, or a waiver of its rights under this Agreement or at Law. D. Governing Law; Judicial Review; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Broward County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward or the Federal District Court with subject matter jurisdiction and encompassing the County of Broward, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. E. Time of Essence. Time is of the essence for each and every provision of this Agreement. E City's Right to Employ Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. G Successors and Assigns, This Agreement shall be binding on the successors and assigns of the Parties. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 782 AGREEMENT H Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. I Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and SubContractors of Contractor, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. J Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. K Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. L. No Third -Party Beneficiaries. Except to the extent expressly provided for in this subsection, there are no intended third -party beneficiaries of any right or obligation assumed by the Parties. The City has three dependent districts (Plantation Midtown Development District, Plantation Gateway, and the City of Plantation Community Redevelopment Agency) hereinafter "Districts", all of which have the power to execute contracts, and all of which are served by City personnel for the purpose of Administration. Such Districts shall be intended third Party beneficiaries and shall be able to enforce the terms hereof for any Serves provided on behalf of the Districts. M. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. N Prohibited Interests. The Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest directly or indirectly in this Agreement or the compensation to be paid under it, and further, that no City employee who acts in the City as a "purchasing agent" as defined by § 112.312(20), Florida Statutes, as amended, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer, director, or proprietor of the Contractors, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractors. Material interest means direct or indirect ownership of more than Five Percent (5%) of the total assets or capital stock of the Contractors. O. Conflicts of Interest. Contractor covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with City. Contractor further covenants that, in ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 783 AGREEMENT the performance of this Agreement, no person having such conflicting interest shall be employed, any such interests, on the part of Contractor or its employees, must be disclosed in writing to City. Contractor is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues, as amended, and agrees that it will fully comply in all respects with the terms of said laws. Contractor warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by City any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. P. Convicted Vendor List. Contractor represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. Contractor acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a Contractor, supplier, SubContractor or Contractor under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Q. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. R Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. S. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original,_and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. T. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract 784 AGREEMENT IN WITNESS WHEREOF, CITY OF PLANTATION AND PAVEMENT TECHNOLOGY, INC have signed this Agreement in duplicate. One counterpart each has been delivered to the City and Contractor. ...._.,. Attest: Ari �r` fitness: Icurk, 'a06 f l III cmc . -l .i Typed name mof Witness Witness: Ty/,dnZrn e f Witness STATE OF FLORIDA COUNTY OF BROWARD CITY OF PLANTATION 1�3 As to legal form: As to Procuremei nowledged before me by means of ysical presence or ❑ online notarization, this �'" day of 2023 b Nick Sortal as Mayor of the Cit THE � TRi.JMENT was ac _w ........W ............. Y Y Y of Plantation, a Florida municipal corpora ion, on behalf of the municipal corporation. She is pers wJJy- m&wmto me or has produced u u w ...uu as identification. My commission expires: 01H pHPs'QN 4V* . 00 ? �u ''r' o We• :* * #!GG 0331TI Off, •.'6�yeoede8'K` c�• Off: ITB No. 072-22; Asphalt Rejuvenation Project -'Germ Contract T . w v �. NO ARY PUBLIC t, I 785 Signed, Sealed in the presence of. W", i "I t I I Susan Durante y–F-n—am–o"f Wi'n'ess" Teie Witness: Debbie Cancelliere Typed name. .... .. .....' —o FW ' i _n 1 ess STATE OF Ohio COUNTY OF__Cuy#h92a._ .. ............ . . PAVEMI, T TECHNOLOGY, INC an Ohi 1, Jrp ration By: Colin The foregoing instrument was acknowledged before me by means of ephysical presence or o online notarization, this 1,1 Z-L"",� -2qn y� Jdate) by Colin M. Durante, as President, an Ohio Corporation, on behalf of the Corporation. They are,"'pers or who has , no�vp toJ p produced_. w�..,,,,_„„.._.........m.,,,._.__.. (type of identification) as identification. My commission expires: . ..... Eftobeth Wwk3” ” Notoy PubUo, State of ONO 0 NOTARY PUBLIC 1� Ithr Caeni.�ioe Eiq*m Pa maq 27.20Z ITB No. 072-22; Asphalt Rejuvenation Project —Term Contract WR OFFICE OF THE MAYOR Nick Sortal Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director March 30, 2023 Colin Durante Pavement Technology, Inc 24144 Detroit Toad Westlake, OH 44145 Email: dcancelliere@pavetechinc.com "mm'1 CITY COUNCIL Jennifer Andreu, President 1 Timothy J. Fadgen, President Pro Tem Erik Anderson Plantation Denise Horland tGwG o [ k,ue°u o�ap" Louis Relnstlen RE: ITB No. 072-22; Asphalt Rejuvenation Project- Term Contract Dear Colin Durante: This letter is to inform you that the City of Plantation- City Council- authorized and approved the following on Consent Agenda Item No. 8 during their March 29, 2023 meeting. Approval to execute a term agreement between the City of Plantation and Pavement Technology, Inc., for "Asphalt Rejuvenation- Term Contract" in accordance with ITB No. 072-22. The contract/agreement initial term shall be for one (1) year with an option to renew/extend for four (4) additional one (1) year periods, provided Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. After the required protest period has passed (April 3, 2023 @4:30pm), a representative from the Procurement Department will be contacting you to execute a formal agreement. Pricing Information: Description Per SQ YD Cost Standard Specification — Reclamite $1.21/per square yard Description Per SQ YD Cost Bid Alternate #1 (A.R.A: 1 Ti Pollution -Remediating $2.49/per square yard Maltene Asphalt Rejuvenator) Please take this opportunity to obtain the required Certificate of Insurance (naming the City as additionally insured). In addition, if you have not already done so, please register as a City of Plantation vendor by visiting our website (www.plantation.org) and completing the proper application Note: The City shall not be obligated to any Bidder to enter into a contract or issue a purchase order with the Bidder despite the City governing body prospectively awarding the Project to a successful Bidder. The City shall be obligated to any Bidder for the project if and only if the CITY enters into a contract or issues a purchase order for the Project with the Bidder, and further, no action will lie against the City to compel the City to execute any such contract or purchase order, or to recover from the City any damages, costs, lost profits, expenses, etc., that Bidder may incur if the City chooses not to sign such contract or issue a purchase order. If you have any questions, please do not hesitate to contact me. Respectfully, rles Spencer, NIGP-CPP Procurement Director ESpencer@Plantation.org 787 Pavement Technology, Inc, 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. EXHIBIT "A" (SCOPE OF SERVICES/WORK) 789 TECHNICAL SPECFICATIONS I. Scope: This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. We are bidding for a two-year initial contract term with renewal options for an additional three one-year terms providing both parties agree and that all terms and conditions remain the same. Rates shall remain firm and fixed for the initial contract term. II. Material Specifications: The asphalt -rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt -rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, % W1 D-244(Mod.) T-59(Mod) 60 65 Miscibility Test D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, %W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, °C D-92 T-48 196 - Viscosity @ 60°C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC _± Al 5 S+A2 PGS Rati05 D-2006-70 - 0.5 - Saturated Hydrocarbons, S5 D-2006-70 - 21 28 ------------------------------------------------------------------- 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 -gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 114 790 TECHNICAL SPECFICATIONS 5 Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, Ai = First Acidaffins Az — Second Acidaffins, S — Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt -rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and till to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir, or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 115 791 TECHNICAL SPECFICATIONS 10) Place diluted emulsion sample tube in spectrophotometer, cover, and read %LT to nearest tenth. 11) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. III. Material Performance: The asphalt -rejuvenating agent shall have the capability to penetrate the asphalt pavement surface and performing as follows. The asphalt -rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt -rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be reduced by petroleum maltene fraction replacement method to the following extent. For pavements receiving the first or original application of rejuvenating agent, the viscosity shall be reduced by a minimum of thirty-five, (35%) percent as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. For retreated pavements after an initial treatment with the asphalt rejuvenator, the viscosity shall be reduced by petroleum maltene replacement method a minimum of twenty percent (20%) as determined by dynamic shear rheometer (DSR) method for testing in accord with AASHTO T315-05. In addition, the phase angle shall be increased. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper three eights inch (3/8") of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as a petroleum maltene based emulsion asphalt -rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by petroleum maltene fraction replacement method, increase the phase angle, and provide an in-depth seal. Reclamite", a Tricor Refiners, LLC product manufactured by D & D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid, previous use documentation and test data conclusively demonstrating the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc. and that the asphalt - rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity and phase angle. Prior testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, prior testing data shall be submitted to indicate said product performance as heretofore described over a minimum testing period of three years to insure reasonable life expectancy. RECLAMITER, a Tricor Refiners, LLC product manufactured by D & D Emulsion Inc., Mansfield Ohio, is a product of known quality and accepted performance. IV. Applicator Experience: The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 116 792 TECHNICAL SPECFICATIONS number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt -rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. V. PRODUCT STANDARDS AND ALTERNATES: The product "Reclamite"R for the asphalt -rejuvenating agent, a Tricor Refiners, LLC product manufactured by D & D emulsions,Inc. Mansfield, Ohio is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as heretofore required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. VI. APPLICATION TEMPERATURE/WEATHER LIMITATIONS: The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40°F. VII. HANDLING OF ASPHALT REJUVENATING AGENT: Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt -rejuvenating agent concentrate shall be ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 117 793 TECHNICAL SPECFICATIONS loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. VIII. RESIDENT NOTIFICATION: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. IX. APPLICATING EQUIPMENT: The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt -rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.08 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume -measuring device, and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying rock dust, or other aggregate when required and approved by the Engineer, shall be equipped with a spreader that allows the rock dust to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of rock dust or other aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the rock dust or other aggregate onto driveways or tree lawns. The rock dust or other aggregate to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet rock dust shall be rejected from the job site. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 118 794 TECHNICAL SPECFICATIONS Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. X. APPLICATION OF REJUVENATING AGENT: The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to insure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt -rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event, the centerline construction joint area of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt -rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt -rejuvenating agent and water shall be spread at the rate of 0.04 to 0.08 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated and when surface conditions require a light coating of dry rock dust, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The rock dust or other approved aggregate shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt -rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. XI. STREET SWEEPING: The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient, than a self-propelled street sweeper shall be used. All rock dust or other approved material used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt -rejuvenating agent. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 119 795 TECHNICAL SPECFICATIONS If, in the opinion of the Engineer, additional rock dust is required, said material shall be applied by the contractor. Said rock dust shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of rock dust. XII. TRAFFIC CONTROL: The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall be kept closed and free from traffic until penetration, in the opinion of the Engineer, has become complete and the area is suitable for traffic. When, in the opinion of the Engineer, traffic must be maintained at all times on a particular street, then the Contractor shall apply asphalt -rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until the traffic may be switched to the completed lane. The Contractor shall be responsible for all traffic control and signing required to permit safe travel. The contractor shall notify the police and fire departments as to the streets that are to be treated each day. If, in the opinion of the Engineer, proper signing is not being used, the Contractor shall stop all operations until safe signing and barricading is achieved. XIII. METHOD OF MEASUREMENT: Asphalt -rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. XIV. BASIS FOR PAYMENT: The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt -rejuvenating agent. Asphalt -rejuvenating agent shall be paid for PER SQUARE YARD, which shall be full compensation for furnishing all materials, equipment, labor and incidentals to complete the work as specified and required. END OF SECTION ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 120 796 EXHIBIT "B" (Documentation required by the City and submitted by Contractor prior to Notice of Award) 797 111110 NON -COLLUSION CERTIFICATION TO BE RETURNED WITH BID By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion. BIDDER shall disclose below, to their best knowledge, any City of Plantation officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Plantation officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. NAME typed name: I Debbie Cancelliere RELATIONSHIP N/A BIDDER, Name: Colin Durante Title: President ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 12 798 NON -COLLUSION CERTIFICATION NOTARY B -L-0. - C.- - i K.- -F-0. R- AN INDIVIDUAL —--........ STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this (date) by . ............... (name of personal acknowledging), who is personally known to me or who has produced __(type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of Vphysical presence or o online notarization, this 119123 bolin Durante, ........... (date) by (name of q1ficer or agent, title of Pav6nient officer or agent), of,,Teqhn2tqqy ('name of corporation acknowle4ging), an Ohio (,vtate or place of incorporation') corporation, on behalf of the corporation. . -)she is 6iisoud'uyLkwmi fiD or who has produced ication) as identification. (type of'identif My commission expires: NOTARY PUBLIC ENZowh MWCUWW N"y PUbk, State of Ohio W OW"WW E*W. FOWU" 27,20.25' ITB No. 072-22; Asphalt Rejuvenation Project — Tenn Contract Page 1: 799 QUALIFICATION STATEMENT Fill71f,-0-111t;; The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (Attach additional sheets with appropriate reference, if necessary). You must respond to all questions. FAILURE TO DISCLOSE OR PROVIDE THE REQUESTED INFORMATION BELOW MAY RESULT IN THE BIDDER'S BID BEING DEEMED NON- RESPONSIVE AND THE BIDDER AS NOT QUALIFIED FOR AWARD. SUBMITTED TO: City of Plantation ADDRESS: 400 NW 73rd Avenue Plantation, FL 33317 SUBMITTED BY: Pavement Technology, Inca NAME: Colin Durante ADDRESS: 24144 Detroit Road, Westlake, OH 44145 TELEPHONE NO.: 440-892-1895 FAX NO.: 440-892-0953 EMAIL ADDRESS: dcancelliere@pavetechinc.com State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the BIDDER is: Pavement Technology, Inc. The address of the principal place of business is: x24144 Detroit Road, Westlake, OH 44145mm w The business is a (Sole Proprietorship) (Partnership) (Corporation) V 2. If BIDDER is a corporation, answer the following: a. Date of Incorporation: 5/30/1972 111.1....... ....... b. State of Incorporation: Ohio .............. ._.mmmmm..__...w....................................... .. c. President's Name: Colin Durante _1111 d. Vice President's Name: John_Schlege... ry u urnte e. Secreta 's Name: Susan Da .�.�.�.., .. ........... f. Treasurer's Name: Susan Dura_nte g. Name and address of Resident Agent: Business Filings Incorporated_ 1200 S. Pine Island Rd., Plantation, FL 33324 3. If BIDDER is an individual or a partnership, answer the following: a. Date of organization: . ............._ : b. Name address and ownership units of all partners:. c. State whether general or limited partnership: ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page : 800 7 QUALIFICATION STATEMENT`//'"' 111 " 4. If BIDDER is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: „Bidder is a corporation. 5. If BIDDER is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name: 50 a. Under what other former names has your organization operated? None. 7. Indicate registration, license numbers or certificate numbers for the business or professions that are the subject of this Proposal. Please attached certificate of competency and/or state registration. Please include the foregoing information for all parties to be assigned to the project. State of Florida - Certificate P12308 & Have you personally inspected the site(s) of the proposed work? (y) Yes (N) Do you have a complete set of documents, including agenda? (y) Yes (N) 10. Have you ever failed to complete any work awarded to you? If so, state when, where and why? No. IL Within the five (5) years, has any officer of partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, explain fully. No. 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed or goods you have provided, and to which you refer (government owners are preferred as references). Please see page 29. 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Please see attached Key Individuals' Experience Records. 14. Provide a list of similar projects, which have been completed within the past five (5) years, including project description, owner's names, addresses and phone numbers. Please see attached Project Experience List. 15. Provide a list of work currently under contract. Please see attached Current Contracts List. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1'801 QUALIFICATION STATEMENT Felt iA°8 16. On Exhibit A, list all disputes, claims, mediations and litigation in which the bidding entity, a parent entity, an affiliate entity, a predecessor entity or other entities with which you were then associated or affiliated were involved in any contract disputes over the last five (5) years as of the solicitation response due date. If BIDDER is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. For said claim, identify with particularity the nature of such dispute, the names and addresses of the other parties to such disputes, and whether or how such disputes were resolved, including any mediation, arbitration or litigation involved and dollar awards. [Do not include disputes, claims, mediations and litigation that involve only garnishment, auto negligence, personal injury, or a proof of claim filed by BIDDER] N/A IT List all disputes, claims, mediations and litigation between the Owner and any of the responding entity's subcontractors/subconsultants over the last five (5) years as of the solicitation response due date. N/A 18. Has any governmental entity within the last five (5) years commenced proceedings to discipline any of the officers, partners, or principals of the BIDDER, or sought to revoke a license held by the BIDDER (or its qualifying agent)? If so, please describe in detail the proceedings and how the matter was resolved. No. 19. Will you sublet any part of this work? If so, give details. (sub -contractor's name, address, phone number and contact) No. 20. Provide a list of equipment available to be committed to perform the work contemplated under this contract. Please see attached Equipment List 21. Please list any objections to the text of the Contract Documents in the area below or on separate sheets of paper attached hereto, if necessary. N/A 22. Please attach a copy of your latest financial statement. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I : 802 QUALIFICATION STATEMENT NOTARY BLOCK FOR AN INDIVIDUAL � �� STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this ....... (date) by ____wµµµµµ ... (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of Vphysical presence Colin Durante or ❑ online notarization, this 1/9/23 (date) by pmgItm (name of officer or agent, title of �� agent), Pavement h Ahr..i�� _._._._.( p acknowledging), .. st to or officer or ent of name o corporation acknowled in an Ohio a place of incorporation) corporation, on behalf of the corporation 1 sonatll � kno c or who has produced e o 'identi icatio s ident fi:ai n y ... wn toy p_..M.M.M.._.M.M.M.M.M........_M.M........................................ (typ f ) catio . _. _ .._ .. My commission expires:Skabet h Mitate of ON y 4, >A aaoNOTARY PUBLIC, STATE OF W tea ry 27,20Z C7Ga ; 0 ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1 803 BIDDER'S CERTIFICATION WHEN BIDDER IS A CORPORATION t"/ilrra /*°cI IN WITNESS WHEREOF, the BIDDER hereto has executed this Form this 9th day of Janus 2023... STATE OF Ohio COUNTY OF Cuyahoga Pavement Technpjq2y, Inc._ Printed Name of Corporation Ohio Signature of President or other authorized officer Colin Durante President Printed Name of President or other authorized officer 24144 Detroit Road Address of Corporation Westlake, OH 44145 City/State/Zip 440-892-1895 Business Phone Number The foregoing instrument was acknowledged before me by means of Vphysical presence aSm Durr nte, or ❑ online notarization, this 1/9/23 (date) by President (name of officer or agent, title of Pavement ��dgin '), an Ohio (State Or lace o incorporation) corporation, on behalf of the corporation,n aa ul -� - officer �r agent), o ��r,�o�y, ��. .....(name of ec.rala�aa�~a:ata<6�l"she is ersoa��lly kt�c°aat t� �.. ,.�..� �tor who has produced .. _m _.___._............... (type of identij�cation) as dentificKtton. My commission expires: EkthMie No" PubkONO ........... ....... ......... �.,. . r, NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I - 804 DRUG-FREE WORKPLACE STATEMENT UNDER SECTION 287.087 FLORIDA STATUES TO BE RETURNED WITH FIRM Fill o7inf, /// Preference must be given to FIRMS submitting certification with their bid or proposal, certifying they have a drug- free workplace in accordance with the Florida Statutes, Section 287.087. This requirement affects all public entities of the State and became effective January 1, 1991. Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any convictions of, or plea of guilty or nolo contendere to, any violations of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above measures. Asth la son thor° to sign this statcm , I certify that this company complies with the above requirements. �� m�, Colin Durante, President _._. ............. Signature Printed Name Pavement Technology, Inc. 1/9/2023 .... _ .,- ............... _.......-............................. ..... T Name Date ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 139 805 PUBLIC RECORDS COMPLIANCE UNDER SECTION 119.0701 FLORIDA STATUTES TO BE RETURNED WITH BID to: The CONTRACTOR hereby certifies that it shall comply with public records laws, specifically (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 AT 954-797-2237, sslatterykplantation.org, 400 NW 73rd Avenue Plantation, FL 33317 As the person authorized to sign this statement, I certify that this FIRM agrees to comply with the above requirements. CON"1.RAC ? . vo- int Technol y, Inc. By (sign): Colin Durante, President 1/9/23 ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page I z 806 i PUBLIC RECORDS F'tit Print Name: NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by vwvwv w (name of personal acknowledging), who is personally known to me or who has produced www ............w (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of t/physical presence or ❑ online notarization, this 1/9/23 date b Colin Yurante" name o o icer oragent, title of (date) y t�� ( f ff Pavement officer or agent), of rt�ha�„(name of corporation acknowledging), an Ohio (state or place of incorporation) corporation, on behalf of the corporationQ&she l personally known to to or who has produced type of identif cation) as ident�ctica1'......� p ( �� w My commission expires: NOTARY PUBLIC`-�` ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract807 Page1, SCRUTINIZED COMPANY CERTIFICATION TO BE RETURNED WITH BID CONTRACTOR Name: Pavement Technology, Inc. CONTRACTOR FEIN: 34-1108308 CONTRACTOR Authorized Representative Name and Title: Colin Durante, President Address: 24144 Detroit Road City: Westlake State: OH Zip. 44145 Phone Number: 440-892-1895 Email Address: dcancelliere@pavetechinc.com Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, FIRM is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Cuba or Syria. The boycott Israel list is created pursuant to 215.4725 and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the undersigned company is not participating in a boycott of Israel, on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY. In addition, FIRM may be subject to civil penalties, attorney's fees, and/or costs. The scrutinized company list is maintained by the State Board of Administration and available at http//www. sbafl a. com/. Certified Rv: 1,'—'0 < ..... who is authorized to sign on behalf of the above referenced company, Authorized Signature Print Name and Title: Colin Durante President Date: January 9 2023 *This form is being provided to comply with Florida Statute 287.135. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 808 i% E -VERIFY FORM Fill CITY OF PLANTATION E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE RETURNED WITH BID Project Name: Asphalt Rejuvenation Project Project No,: w ITBM No. 072-22 1. Definitions: "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. 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 subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 809 Page I z. _ w E -VERIFY FORM Fill7inf:)11. Security's E -Verify System during the term of the contract is a condition of the contract with the City of Plantation; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, 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 unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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 1 year after the date of termination. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 810 Page I4. E -VERIFY FORM CONTRACTOR' e rter�� o_ e By (sign):--C sign): C�9�e ��.. Print Name: Colin ,Durante�, ,President NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF >"9. // Fill ir, I 0;`117 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by .........mm __ (name of personal acknowledging), who is personally known to me or who has produced _ wwwwwwwwwww... ............(type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of physical presence Colin Durante„ or ❑online notarization, this 1/9/23 (date) by tial m _ (name of officer or agent, title of Pavement � lgili r", an Ohio (Mate Or officer or agent), of _.._"I.1.1x Mlit ....... (name of corporation cry l�ricr.° w ��tll place of incorporation) corporation, on behalf of the corporation. 11.0 she , l(nt6 tt icor who has produced (type of identification) as identification. My commission expires: ERW*h MWWM NOTARY PUBLIC l�cs, I� Of ONO 7, ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract page 1811 Form!" OFFICE OF INSPECTOR GENERAL Fill in Form '� COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL TO BE RETURNED WITH BID The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how BIDDERS and vendors (herein, "BIDDERS") are paid. To this end, BIDDER agrees to cooperate with the OIG in the event the BIDDER is contacted by the OIG. Such cooperation shall include, answering any questions that may be posed by the OIG, and allowing the OIG to review and copy any of BIDDER's written material, contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The BIDDER acknowledges and agrees that whatever work or effort is expended by BIDDER in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by the BIDDER to the CITY, and shall never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order. The BIDDER's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the City claiming the BIDDER is in default, and may, if not timely cured, allow the City to terminate this Contract for cause. Unless the BIDDER is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General, BIDDER shall advise CITY, in writing and in the same manner as BIDDER gives the City formal notice under this Contract, each instance, if ever, that the BIDDER is contacted by the OIG, and shall supply the City with information necessary to allow the City to ensure that the BIDDER is fully p5rfor4,n,ing the requirements of this Paragraph. BIDDER: .:....._............. _._� .... �...............w I : Susa' Durante NAME: Colin Durante TITLE: President NAME: Debbie Cancelliere ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I f 812 OFFICE OF INSPECTOR GENERAL NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by w ..._,.,w___._..-_...._ _.v,v ' (name of personal acknowledging), who is personally known to me or who has produced (type of identification) ......--...................---------_ as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of Vphysical presence Odin Duranteu N averrp �...�..!? ._.w._ name o cor oration acknowled in officer a� onto g title of or ❑ online notarization this 9/23 date b President(nam c r e o o a state or officer or agent), ofehnM { f' p g g), place of incorporation) corporation, on behalf of the corporation. - /sh�s�I zit... �. ze . r who has produced „ _. (type of identification) as identification. My commission expires: NOTARY PUBLIC L. 07 ITB No. 072-22; Asphalt Rejuvenation Project - Term Contract Page 1 -'813 G." ITB No. 072-22; Asphalt Rejuvenation Project - Term Contract Page 1 -'813 Bid Checklist and Summary Form To comply with the City of Plantation's solicitation guidelines, this Bid Checklist Summary Form is required for all solicitations exceeding $25,000.00 or more. This form must be signed and included with the bid submittal in addition to the required bid documents of this solicitation. Failure to do so may result in your bid submittal being considered non-responsive. Bidder's Name: Pavement Technology, Inc. Date: 1/9/23 Base Bid A - $744„150.00 Base Bid Total: Baseµ Bid B...- $1,531,,350.00 Plantation Local Business pursuant to Section 2-227 of City's Code: Yes ❑ or Novi Disadvantaged Business Enterprise: Yes ❑ or No V Submitted Forms: VNon-Collusion Certification Form VGeneral Terms and Conditions Form Insurance Requirements V Bid Form VReferences ❑ Federal Funding Requirements - N/A 'Z Drug Free Workplace VAddendums When bidding on an Alternative Product "or equal,” bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. Are you submitting an equivalent product: Yes V or No ❑ If Yes, please list the equivalent product(s) below: A.R.A.-1 Ti® Pollution -Remediating Maltene Asphalt Rejuvenator Signature: Printed Name: Colin Durante, President ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I f 814 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bear® Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECLAMINO IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGNATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D & D EMULSIONS, INC., AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date: March 28, 2022 Approved by�04 T"*.w President TfifC,0 REFINING, LLC . w .GOLDEN.aO 1134 Merton SL - % 0A QMW I P.O OO " " " • std. CA 93388 ."x"1W — F*x fStAG&J60t li, � ,M==—,=";- 01 .n; 7 � �: �; rr ,,, #17,1,7777717 : JL Caw oII r Iy ® 2500 SFS D-244 T-59 40 *M D-2" (molt) T-59 Cmodj 60 6S AGsdbft Testa► D-244 (moi T-59 (mod) No C amubdm &ava Test, % way D-2" (MbQ T-59 Cmc d* — 0.1 Test D-244 T-59 PositivV T (7B GB 30 D` t on .P" Pout, COC. °C D-92 T49 196 r.. Viscosity a 600C, CSt D-445 100 2W ter'. Ms D-2006-70 0.7S D Ratio D-2006-70 0.3 0.6 X10) S + Az . PCS RadoM D-2006-70 -- OS S8 sm D-2006-70 -- 21 29 Not- For vOun con-mron eae 242 puma. Nota Dem 9mcamd Ate typical, SUOt tau may occur $vm lot m lot. 817 a ^� 1483 trot a « AMW P AZ SMW « « t M N" �Mi1�¢ �««�MAWMM«MMYM LI « 8 11 819 11 M r w m CL m w e A ri h 0 820 T•bk I 1 2 3 4 s 6 7 a Avevw chanst (%) r6i 4 2+43.13.7 ft W° 23 +55.134.9 ft W 34+34.. 5.1 It E 52+07.319 Ir w 64+36.$fa E 80+67,14.4 ft W 9'6+86. 121.4 ft E 99+17.17 ft E s. 11.00 11.00 13.00 9.00 4.00 9.00 6.00 6.00 9".63 Penetnufm 20.00 23.00- 31.00 27.00 17.00 W 00 25.39 I94 ..a 401,351 010 00 ' S7,0 '01 Oil 293 32. SW 1,132,342 43.497 2.774.367 177.941 00,971 Q� 736 1.263.180 23.444 1.3I8.687 410392 1.143.04 From Center Vie runway out 50 ft 90.03;7 tri A11 outer � yd0.0" VJjsq yd Phase III From center fte runway out SO ft 0438 VJ/sq yd All fther 0 4 X*I/lq rd j4ck 8. pt M*ftf P*l vq%*kM . C'400"h t"I t baft afy 821 5 Care ,.,--_-'.,v --, Depth VAM w 32 48 40 P 7 0 . p 104400baff4=3 S; AW cat" Depth smog. 30am. wf =::—iC— r3 Mpth Is AnCHL 36 m" Top w 82 40 OP Arr 23 1.7 822 w Charleston County, South Carolina Reciamlte Application 2015 Change in Viscosity Results rmw..r .Ivftmlmcf.w Charleston County, South: Carolina lieclamite Application 2015 Viscosity Test Results Control vs. Treated Now dam aaww a 00 wo Ir XO,O'I,:OmO/ w C"ftwMWNwwft T&v �wrwywwN,wyp r..rrn�rvr,�wr 823 Semple Identification Viscosity 60' C, Poiates Ori inaal 3 Year 5 Year South Anderson Avenue Untreated 86177 109950 118490 Treated 38220 66424 90198 Percentage Decrease 56% 40% 24% Original 2 Year 4 Year Smith Road Untreated 64993 107220 81289 Treated 32426 50643 53746 Percentage Decrease 50% 53% 34%' Ori insl 2 Year 4 Year Battalion Drive Untreated 94533 128750 136340 Treated 33743 69437 98896 Percentage Decrease 64% 46% 28% Charleston County, SC Viscosity Test Results Control Vs. Treated 3 year Comparison wlrh Projections 160000 �. 140000 120000 100000 80000 60000 40000 s 20000 'OdOtoal 7Year SYeer 0d8led 2yeer 4Yeer Odgiaal 2Ywr 4Year eeulh Andwim Ave Smith Road BaNeOoa Ddre nUMMaled nTreeled Charleston County, SC Decrease in Viscosity (by Percentage) 5 Year Comparisons with Projections 70% 64Ye o �e 56Ye 53% "r%M11°e SOY. 4616 40% 40eh 34% 30% 20% 24% 20% ., 10%0%1,11 oriO4md 3 Year 5 Year Original 2 year 4 Year Original 2 Year 4 Year South Anderson Ave Smith Road Battalion Drive 824 TRICOR SAFETY DATA SHEET 1. Identification Product identifier RECLAMITEO EMULSION Other means of identification None. Recommended use Asphalt Rejuvenator Recommended restrictions Must be diluted with water following manufacturer's recommendations. Manufacturer/Importer/Supplier/Distributor information Manufacturer: Tricor Refining, LLC. Address: P.O. Box 5877 Bakersfield, CA 93388 24-hour Telephone (661) 393-7110 Number: CHEMTREC: 1-800-424-9300 (North America) 1-703-527-3887 (International) 2. Hazard(s) identification Physical hazards Not classified. Health hazards Not classified. Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements NAPHTHENIC Hazard symbol None. Signal word None. Hazard statement Not available. Precautionary statement Prevention Not available. Response Not available. Storage Not available. Disposal Not available. Hazard(s) not otherwise None known. classified (HNOC) Supplemental information Not applicable. 3. Composition/ information on ingredients Mixtures _ Chemical name Common name andsynonyms CAS number % DISTILLATES (PETROLEUM), 64742-52-5 <=40 HYDROTREATED HEAVY NAPHTHENIC Extracts (petroleum), Heavy 64742-11-6 <=40 Na hthenic Distillate Solvent WATER 7732-18-5 <=40 PROPRIETARY INGREDIENTS 4. First-aid measures Inhalation Skin contact Eye contact N/A <5 Move to fresh air. Call a physician if symptoms develop or persist. Wash off with soap and water. Get medical attention if irritation develops and persists. Rinse with water. Get medical attention if irritation develops and persists. Material name: RECLAMITE® EMULSION 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 Ingestion Rinse mouth. Do not induce vomiting without advice from poison control center. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Direct contact with eyes may cause temporary irritation. symptoms/ effects, acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. S. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Dry chemicals. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Cool containers exposed to heat with water spray and remove container, if no risk is involved. Move equipment/ instructions containers from fire area if you can do so without risk. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Keep upwind, protective equipment and Keep out of low areas. Do not touch damaged containers or spilled material unless wearing emergency procedures appropriate protective clothing. For personal protection, see section 8 of the SDS. Methods and materials for Extinguish all flames in the vicinity. containment and cleaning up Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is possible. Cover with plastic sheet to prevent spreading. Use a non-combustible material like vermiculite, sand or earth to soak up the product and place into a container for later disposal. Absorb in vermiculite, dry sand or earth and place into containers. Prevent entry into waterways, sewer, basements or confined areas. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re -use. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Prevent further leakage or spillage if safe to do so. Do not contaminate water. Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Avoid prolonged or repeated contact with skin. Avoid prolonged exposure. Use only in well -ventilated areas. Conditions for safe storage, Keep away from heat and sources of ignition. Store in original tightly closed container, including any incompatibilities 8. Exposure controls/ personal protection Occupational exposure limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type Value Form DISTILLATES PEL 5 mg/m3 Mist. (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) Material name: RECLAMTTE® EMULSION 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 sas Us 2/7 827 US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type Value Form Extracts (petroleum), Heavy PEL 5 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) US. ACGIH Threshold Limit Values Components Type Value Form DISTILLATES TWA 5 mg/m3 Inhalable fraction. (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value Form DISTILLATES Ceiling 1800 mg/m3 (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) STEL 10 mg/m3 Mist. TWA 350 mg/m3 Extracts (petroleum), Heavy STEL 10 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Provide adequate ventilation, including appropriate local extraction, to ensure that the defined controls occupational exposure limit is not exceeded. Individual protection measures, such as personal protective equipment Eye/face protection Wear safety glasses with side shields (or goggles). Skin protection Hand protection Chemical resistant gloves are recommended. If contact with forearms is likely wear gauntlet style gloves. Other Wear appropriate chemical resistant clothing. Respiratory protection When workers are facing concentrations above the exposure limit they must use appropriate certified respirators. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Keep away from food and drink. Always observe good personal hygiene measures, such as washing considerations after handling the material and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color Not available. Odor Not available. Odor threshold Not available. pH Not available. Melting point/freezing point Not available. Initial boiling point and > 212 OF (> 100 °C) IBP boiling range Material name: RECLAMITE® EMULSION SDS Us 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 3/7 828 Flash point > 413.6 OF (> 212.0 °C) Evaporation rate Not available. Flammability (solid, gas) Not available. Upper/lower flammability or explosive limits Flammability limit - lower Not available. (%) Flammability limit - Not available. upper (%) Explosive limit - lower Not available. (%) Explosive limit - upper Not available. (%) Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Readily Dispersible Partition coefficient Not available. (n-octanol/water) Skin corrosion/ irritation Auto -ignition temperature 500 OF (260 °C) Decomposition temperature Not available. Viscosity Not available. Other information Specific gravity 0.92-1.04 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport Chemical stability Material is stable under normal conditions. Possibility of hazardous No dangerous reaction known under conditions of normal use. reactions Conditions to avoid Avoid temperatures exceeding the flash point. Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. Skin contact Frequent or prolonged contact may defat and dry the skin, leading to discomfort and dermatitis Eye contact Direct contact with eyes may cause temporary irritation. Ingestion Expected to be a low ingestion hazard. Symptoms related to the Not available. physical, chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not classified. Skin corrosion/ irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye Not classified. irritation Respiratory or skin sensitization Respiratory sensitization Not classified. Skin sensitization Not classified. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1% are mutagenic or genotoxic. Material name: RECLAMITEO EMULSION 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 sas Us 4/7 829 Carcinogenicity IARC Monographs. Overall Evaluation of Carcinogenicity DISTILLATES (PETROLEUM), HYDROTREATED HEAVY 3 Not classifiable as to carcinogenicity to humans. NAPHTHENIC(CAS 64742-52-5) OSHA Specifically Regulated Substances (29 CFR 1910.1001-1052) Not regulated. US. National Toxicology Program (NTP) Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects Specific target organ toxicity Not classified. - single exposure Specific target organ toxicity Not classified. - repeated exposure Aspiration hazard Not classified. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Contract with a disposal operator licensed by the Law on Disposal and Cleaning. Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Do not discharge into drains, water courses or onto the ground. Dispose in accordance with all applicable regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the wast( disposal company. Waste from residues / Dispose of in accordance with local regulations. Empty containers or liners may retain some product unused products residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied. 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available. Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory List. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) Not listed. Material name: RECLAMITE® EMULSION sos Us 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 5/7 830 SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1052) Not regulated. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 311/312 No Hazardous chemical SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAAs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations WARNING: This product contains a chemical known to the State of California to cause cancer. International Inventories Country(s) or region Inventory name On inventory (yes/no)* Australia Australian Inventory of Chemical Substances (AICS) Yes Canada Domestic Substances List (DSL) Yes Canada Non -Domestic Substances List (HDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Substances Yes (EINECS) Europe European List of Notified Chemical Substances (ELINCS) No Japan Inventory of Existing and New Chemical Substances (ENCS) No Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory (TCSI) Yes United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 08-19-2021 Revision date Version # NFPA ratings 10-27-2021 02 Health: 2 Flammability: 1 Instability: 0 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. Material name: RECLAMITE® EMULSION sos us 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 6/7 831 Revision information Hazard(s) identification: Response Hazard(s) identification: Prevention Hazard(s) identification: Disposal Hazard(s) identification: Storage Hazard(s) identification: Hazard statement Hazard(s) identification: GHS Symbols Hazard(s) identification: GHS Signal Words Composition/ information on ingredients: Composition comments Composition/information on ingredients: Component information Physical & Chemical Properties: Multiple Properties Toxicological information: Carcinogenicity HazReg Data: North America GHS: Classification Material name: RECLAMITE® EMULSION sos us 5586 Version #: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 7/7 832 A/pj .R.A.-I %,rill@ Pollutillon-F Maltene Asphalt I NW, Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 A.R.A.-1 Ti® Pollution -Remediating Maltene Asphalt Rejuvenator Following five years of successful laboratory and field testing, Pavement Technology, Inc. (PTI) is delighted to announce the commercialization of our suite of state-of-the-art pollution -reducing, super -hydrophilic, and UV protective photocatalytic pavement solutions. The product stock represents PTI's next evolution of premium pavement preservation materials enhanced with photo -reactive titanium dioxide (Ti02). A.R.A.-I TV' is our celebrated maltene asphalt rejuvenator', with five decades of proven pavement preservation accomplishment, strengthened with the environmental and ecological properties of Ti02. As a natural decomposition accelerant, Ti02 is a multifaceted photo -responsive material rapidly gaining increased scientific and commercial interest for near -roadway microenvironments (MEs) as it advances a host of positive environmental benefits, including: • Depolluting near -pavement air (or water) cleaning applications, where Ti02 reacted surfaces oxidize a variety of pollutants and contaminants such as those emitted by vehicles, especially NOx and VOCs, reducing ozone pollution and mitigating acid rain formation • "Cool Pavements" where Ti02 treated surfaces provide a solar -reflective top boundary, which lessens pavement heat absorption and related radiative forcing (RF) by materially reducing the convective re-release of UV radiation that leads to the undesired heat island effects in our cities while extending the life -cycle assessment of pavements by slowing -down pavement oxidation' Super -Hydrophilic surfaces, which provide a rapid water-desorbing pavement to reduce saturation and prevent water intrusion damage. Super -hydrophilic pavements are also self-cleaning to remove 1 See Maltene Replacement Technology (MRT) discussion Section 3.7, Page 32. 2 / TM ® / �..._ .. . . _ ..o n &"C"N . Polymers, Light and the Science of Ti02 DuPont Ti -Pure Titanium Dioxide DowDuPont, wr�!!w;,y�;µ��tai M,ra,,,,,,,,�,,.,_ fir,,,,,,, 3 Gopalakrishnan K, et al. 835 contaminants (e.g., mold) and staining and are indicated for inclement wcather-related safety (rain displacing; ice inhibiting) improvements for roads Lead by A. .A. -I Tip', our suite of pollution -remediating solutions creates a perpetual air -purifying roadway microenvironment (ME) that can mitigate the effects of Urban Heat islands and contribute to an agency's compliance with the Clean Air Act (CAA) and the U.S. EPA's stringent National Ambient Air Quality Standard (NAAQS). The Texas A&M Transportation Institute (TTI) is PTI's research partner for our Ti02 enhanced products and all applications include standard verification testing perfected by TTI for pollution -reduction efficiency, Urban Heat Island (UHI) mitigation and water displacement effectiveness. TTI standard photocatalytic property testing includes: • Titanium Dioxide Penetration and Load: XRF (fluorescent X-ray) analysis • Nitrogen Oxide Removal: Japanese Industrial Standard (JIS) TR Z 0018 Photocatalytic Materials — Air Purification Test Procedure (as adapted to ASTM) • UHI Mitigation: U.S. Green Building Council USGBC), LEED V4 Heat Island Reduction (HIR) via Solar Reflectance Index (SRI) - ASTM E1980 - 11 Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces • Hydrophilic Properties: ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Coatings, Substrates and Pigments by Advancing Contact Angle Measurement The verification testing results can be used for preparation for environmental grants and programs, including the Federal Highway Administration's Congestion Mitigation and Air Quality Improvement Program (CMAQ) as provided under the CAA and administered by the Federal Highway Administration (FHWA) with matching funds of 80% to 100%; 5 and the Federal Transit Administration's Urbanized Area Formula Program Grants (UAFPG), which match fund up to 80% for "technical transportation -related studies" and up to 90% for capital investment in "associated transit improvements" attributable to compliance with the CAA.6 Other eligible sources include the Voluntary Airport Low Emissions Program (VALE) through the Federal Aviation Administration (FAA) and the FAA's Aviation Research Grants Program (FAA -12-01). Contact: Michael Durante Vice President r11d Urante@li r t c Li jg ..cogi (972) 974-6037 4 Arainpour F and Farzaneh M, On Hydrophobic and Icephobic Properties of Ti02-Doped Silicon Rubber Coatings, Department of Applied Sciences, Universite du Quebec, International Journal of Theoretical and Applied Nanotechnology, 2012. s U.S. Department of Transportation, Federal Highway Administration: Congestion Mitigation and Air Quality Improvement Program (CMAQ) (U.S.C. 149 / FAST Act Section 1114), rnarnr ar � wad 1ptw,gg_y. 6 U.S. Department of Transportation, Federal Transit Administration: Urbanized Area Formula Program Grants (49 U.S.C. Chapter 53, Sections 5307 and 5340 / FAST Act Sections 3004, 3016), www,t,ransl;w,t,.;1d"P111py. A.R.A.-1 Ti° Pollution -Remediating I'1Jlaltene Asphalt Rejuvenator • Maltene Asphalt Rejuvenating Agent • Enhanced with Photocatalytic Grade Titanium Dioxide (TiO2) • Captures and Removes up to 60% of Toxic Airborne Vehicular Emissions • Replenishes Exact Molecular Components Lost to Manufacturing and In - Service Oxidation • Restores and Improves Pavement Density and Durability • Creates a UV Protected Pavement that meets USGBC LEED for Urban Heat Island Mitigation • Presents a `Quick Drying' Super -Hydrophilic Surface • Reduces Water Intrusion Damage • Extends Pavement Life Cycle by as much as Twofold • Self -Cleaning; Anti Mold; and Anti -Microbial • Promotes Safer Inclement Weather Pavements 837 Urban Scalfirig for the Benefitsf Pollution Remediatioirl, Heat IslandReduction and Pavement Preservation ate gu n Durable Photocatalyfic Pavements 838 Research Support Dr. Dan Zollinger, Ph.D., P.E. Dr. Dallas Little, Ph.D., P.E. Texas A&M Transportation Institute Texas A&M University System 400 Harvey Mitchell Parkway South, Suite 300 College Station, Texas 77845-4375 (979) 862-6777 awards (Cry tatnw.edu IMuMM M M w, 4 II, ;[A T' -f P—T r �. 839 Table of Contents 1 SUMMARY AND TESTING...................................................................................................................1 1.2 Field Testing — Vehicular Pollution Removal .............................. „„.,...,,„...„.,,......... ,........ .,„..... „...„,.„,.2 1.3 Acid Rain Mitigation with Ti02 Treated Roads.......,....„..........................„....,..,.„„.................,.„.......„.5 1.4 Field Testing — Cool Pavements with Ti02....................„.,„„................,.„...„,..,,,.,...,................,.....„....6 1.5 Field Testing — Super -Hydrophilic Pavements................„..„.„......,...„.,...,..............„,,..„.....„,..........,„„,„6 2 SPECIFICATION — Pollution -Remediating Polymerized Maltene Asphalt Rejuvenator ............11 2.1 Description: Ti02 Enhanced Asphalt Rejuvenating Agent..............................................................11 2.2 Materials and Performance: Ti02 Enhanced Asphalt Rejuvenating Agent......................................12 2.3 Maltene Replacement ("Rejuvenation") Test........„.................„.....,....,...„.,,,.„.„„.,.„.,...,.,,,....,........,,,...13 2.4 Photocatalytic Properties Testing........................................„..„..........,.,..,.„.....„.............„.„„......,.........14 2.4.1 Ti02 Penetration Test: ......... ..... ....... -- ........ ............. ........ 14 2.4.2 NO2 Reduction Effectiveness: ....................... ....... — ...... - ...... ...... ........ ............. . - — „ - 14 2.4.3 NO2 Reduction Test: .................................. ..... ............ ....... ......... . 14 2.4.4 Solar Reflectance Effectiveness: .................. ....... ...... ....... -- ......... - ... - ... 15 2.4.5 Solar Reflectance Test(s): ....................... .......... ...... --- .......... ....... — 15 2.4.6 Hydrophilic Improvement: .. - . — . ........ ............................ ....... --- ...... .......... --- 16 2.4.7 Wettability Test: .................. — ....... ....... ... --- ...... ............... ................. -- .......... , 16 2.5 Equipment ............... ......... ......... --- ...... ........... ............ .„.................... ...,.....„........... ....... ,„...... ......... ,.16 2.5.1 Distributor:....„,.......„................„..„................,.........,..........„..„„.....,...,.,,,......,..,..,..„...,„„„......,.......„..16 2.5.2 Aggregate Cover Truck: ........ - .......... ......... ........ ...... ........ ... 17 2.5.3 Calibration: ............................ -- ....... -- ......... ...... ...... ...... ......... ... -- ... 17 2.6 Construction...........„...„..„...........................„.........„,.........,..............„.............,,.,,.„..„..............,......,,.....17 2.6.1 Layout:,.....,„.,.,.....,.„......................................„..................„.....,,..,......,........„„.......„„.....„,.M,„..„,......17 2.6.2 Weather and Seasonal Limitations: ......... ... — ..... .... -- ...... ................. -- ...... ..................... 17 2.6.3 Preparation of Surface:...........................................................................„„,...„..........,..,....,,..,....„ 17 2.6.4 Application of Ti02 Enhanced Asphalt Rejuvenating Agent: .......... — .. — ....... 17 2.6.5 Material Placement: Ti02 Enhanced Asphalt Rejuvenating Agent:.,.„ ....................................„ 17 2.6.6 Test Strip for Application Rate: .......... ...... -- ....... -- ......... ........ ........ -- ..... ... 18 2.6.7 Cover Aggregate Application:.......„...............„„,.....,......,.............,,...............„..„..„...... ........18 2.6.8 Handling of Ti02 Enhanced Asphalt Rejuvenating Agent: ....... 19 2.6.9 Street Sweeping: ............................... ............... ..... ........ 19 2.6. 10 Resident Notification: ........ ..... ........ ............... ........ - —'.. 19 840 Table of Contents (continued) 2.2.11 Traffic Control :.................... 2.2.12 Method of Measurement: ...................... ...... .......... .... 19 2.2.13 Basis of Payment: ...................... ____ .............. .... __ ......... ...... ...... ......... ... ____ ... 20 ADDENDUM 3 BACKGROUND.....................................................................................................................................22 3.1 Mobile Source Pollution and Tropospheric Ozone.........................................................................22 3.2 Air Quality and Resident Health.....................................................................................................23 3.3 On -Road Vehicular Emissions........................................................................................................25 3.4 Surface Chemistries and Catalytic Pollution Removal Systems.....................................................26 3.5 Solar Reflective Properties of Ti02...............................................................................................27 3.6 Pavement Preservation and GHG Mitigation..................................................................................31 3.7 Deterioration of Asphalt Pavements Due to Manufacturing and Environmental Factors ..............32 3.8 Road -Level Air Quality Reference Testing....................................................................................34 3.9 The Road of the Future Is Ready ........................... ........... ............... __................. ............ ......,....... 36 841 List of Drawings and Figures Figure 1.1 Ti02 Penetration — Orlando International Airport .............................................................4 Drawing 1.2 Super -Hydrophilic Surfaces Can Rapidly Displace Water...............................................7 Drawing 1.3 Hydrophilic vs. Hydrophobic Contact Angles..................................................................7 Figure 2.1 A.R.A.-1 Ti° Application...............................................................................................11 Figure 3.1 Greenhouse Gas & Smog Forming Emissions................................................................22 Figure 3.2 Major City Sources of NOX.............................................................................................23 Figure 3.3 Ozone Nonattainment at 60 ppb— ....... ............ ........ ......... __ ......... ...... 24 Figure 3.4 Vehicle MPG vs CO2e................... .........w. ... __.......... ....... ....... ...............,............,,........ 26 Drawing 3.5 Ti02 Based Photocatalysis — Band Gap Excitation.........................................................27 Drawing 3.6 How the Heat Island Effect Occurs.................................................................................28 Drawing 3.7 Pavement Reflectivity and Time....................................................................................29 Figure 3.8 Heat Shortens Pavement Life..........................................................................................29 Figure 3.9 Solar Reflectance (%) - Treated.....................................................................................30 Figure 3.10 Solar Reflectance (%) - Untreated..................................................................................30 Figure 3.11 Heat -Build vs Pigment Color.........................................................................................30 Figure 3.12 CO2e Emissions by Asphalt Pavement Input.................................................................32 Figure 3.13 Pavement Preservation Impact on CO2e Reduction.......................................................32 Figure 3.14 Maltene Rejuvenator Study: Seven Year Oxidation Rate Curves..................................33 Drawing 3.15 Photocatalytic Disproportionation of Nitrite Gas (NO2) into Nitrate (NO3) ..................35 842 List of Tables Table 1.1 Multi-year NO,, Reduction Testing — Orlando (FL) and Greenville (SC) ........................3 Table 1.2 NO,, Reduction — Charlotte County (FL) and Orlando International Airport...................3 Table 1.3 NO, Reduction — Greater Raleigh [Cary] (NC) ............................................................. _3 Table 1.4 NO, Reduction — TTI Test at the Center for Infrastructure Renewal (CIR) .....................4 Table 1.5 Solar Reflectance — Charlotte County (FL) and Orlando International Airport ...............5 Table 1.6 Water Contact Angle — FDOT OGFC Test Bartow (FL) ..................................................8 Table 1.7 Ti02 Impact on Skid Resistance and Hydrophilic Implications.......................................9 Table 2.1 Test of Emulsion and on Residue ............ ..... __ ........ - ... ... ........ ...... ___ .......... 12 Table 2.2 Test of Solar Reflectance ..................................... ....... — ... ... — ............ __ ............ 15 Table 2.3 Test of Water Contact Angle ..................................... ................. — ......... __ ......... . __. 16 3 843 List of Acronyms AADT Average Annual Daily Traffic AASHTO American Association of State Highway and NEI Transportation Officials ABD Atmospheric Boundary Layer AMTIC Ambient Monitoring Technology Information NVFEL Center APEX Air Pollutants Exposure Model APWA American Public Works Association ARA Asphalt Rejuvenating Agent ASR Alkali -Silica Reaction ASTM American Society for Testing and Materials BTU British Thermal Units °C Celsius CAA Clean Air Act 1990 (amended) CAFE Corporate Average Fuel Economy CAP Criteria Air Pollutant CIR Center for Infrastructure Renewal CMAQ Congestion Mitigation and Air Quality P Improvement Program CO2e Carbon Dioxide Equivalent CsT Centistokes D&D D&D Emulsions, Inc. ECF Electrochemical Energy Field EPA U.S. Environmental Protection Agency ENV Envision Framework for Sustainable and PTI Resilient Infrastructure EV Electric Vehicle OF Fahrenheit FAST Fixing America's Surface Transportation Act FHWA Federal Highway Administration FIRM Federal Reference Method GSY Gallons Per Square Yard GHG Greenhouse Gas GWP Global Warming Potential H2O Water HAP Hazardous Air Pollutant HIR Heat Island Reduction HIRP Heat Island Reduction Program HNO3 Nitrate Salt HUD U.S. Department of Housing and Urban Ti02 Development ICV Internal Combustion Vehicle IRI International Roughness Index ISI Institute for Sustainable Infrastructure AS Japanese Industrial Standard LCA Life Cycle Assessment LEED Leadership in Energy and Environmental VALE Design LF Lineal Feet M2 Meters Squared ME Microenvironment MJ Megajoule MM Millimeter MOT Maintenance of Traffic MPG Miles Per Gallon MPO Metropolitan Planning Organization MRT Maltene Replacement Technology MSRP Manufacturer's Suggested Retail Price NAAQS National Ambient Air Quality Standards NEI National Emissions Inventory NREL National Renewable Energy Laboratory NAWQA National Water -Quality Assessment Program NVFEL National Vehicle and Fuel Emissions Laboratory NEV New Energy Vehicle NM Nanometers NNE Nitrite -Nitrate Exchange Indexing NO Nitric Oxide NO2 Nitrogen Dioxide NO3 Nitrate NO„ Nitrogen Oxides 03 Ozone OGFC Open Graded Friction Course OTIC Ohio Turnpike and Infrastructure Commission P Poise PCC Portland Cement Concrete PM2.5 Particulate Matter <2.5 µm (micron) PPB Parts Per Billion PPM Parts Per Million PPMC PPM Consultants, Inc. PSH Photoinduced Superhydrophilicity State PTI Pavement Technology, Inc. PCO Photocatalytic Oxidation Redox Oxidation -Reduction RF Radiative Forcing ROI Return on Investment SCAQMD South Coast Air Quality Management District SCM State, County, and Municipal SCR Selective Catalytic Reduction SCRIP Sustainable Communities Regional Planning Grant So„ Sulfur Oxides Sq/Yd Square Yard(s) SR Solar Reflectivity SRI Solar Reflectance Index TTI Texas A&M Transportation Institute Ti02 Titanium Dioxide IUC University of Illinois Urbana -Champaign UAFPG Urbanized Area Formula Program Grant UHI Urban Heat Island effect USD U.S. Dollars USGBC U.S. Green Building Council UV Ultraviolet Light VALE Voluntary Airport Low Emissions Program VOC Volatile Organic Compound W Weight of Residue WCA Water Contact Angle WHO World Health Organization XRF X-ray Fluorescence 844 1 SUMMARY AND TESTING The background, methods, application and testing for PTI's photocatalytic pavement solutions for pollution removal, pavement lifecycle extension and urban heat management are described herein. PTI is into its fifth decade serving government agencies and was an early advocate for asphalt rejuvenation nanoscience using Maltene Replacement Technology (MRT) 7 to extend the life cycle assessment (LCA) of asphalt pavements. Thousands of agencies (SCMs) have employed MRT for many decades as part of their roadway planning and maintenance protocols to reduce costs and lower their community's carbon footprint. Pavement preservation solutions enhanced with the trifecta of photocatalytic properties, from depollution to heat -reducing and life cycle extending, are a natural advancement in environmental and sustainability solutions from PTI. These next generation products are proving valuable to SCMs and other transportation infrastructure authorities, such as airports, seeking to manage compliance with the Clean Air Act (CAA), the National Ambient Air Quality Standards (NAAQS) for airborne pollution inventory minimums, and Urban Heat Island effect (UHI). The near -road microenvironment (ME) is a significant area of policy and practice concern for modern urban planners, regulators, and sustainability managers. Emissions from cars and trucks are a major source of greenhouse gases (GHGs) and the primary source for anthropogenic airborne toxins, such as nitrogen oxides (NO,) and volatile organic compounds (VOCs), that form the nucleus of unhealthy photochemical smog. Pavement Technology, Inc., wvw,,pvtktdn;.om,tm„„ maltenes . 8 Swamy G, et al., Urban Heat Island (UHI) Influence on Secondary Pollutant Formation in a Tropical Humid Environment, wWvw.P!ubMed.a2;. The combined action of urbanization (change in land use) and sharp increase in vehicular emissions intensifies both the build-up of GHGs in the air we breathe and the impact of heat sinks. The circular impacts from air pollution and UHI amplify related economic stresses on communities. In turn, GHG inventories accumulate, exaggerating linked atopic and other human disease.8 National Emissions Inventory (NEI) Data 9 indicate motor vehicles operating on roadways emit on average 60% of ozone pollution (03), principally NO., in the United States. In more densely populated areas, vehicle -based emissions inventory trend closer to 75%, while total vehicle emissions in rapidly growing metropolitan areas have skyrocketed over 80% since 1.910.10 In addition to poorer air quality and the escalating health burden, mobile -sourced pollution is contributing to the "western impacts", including rising sea levels and warmer climates. For example, intensified El Nino effects are resulting in exaggerated precipitation and incidence of flooding in the Southeastern United States and droughts in the West. NOX is the primary component of Os or "urban smog". It is a class of gaseous pollutants generated during high temperature processes of internal combustion engines and consists of nitric oxide (NO) and nitrogen dioxide (NO2). NO2 is considered among the niost dat�g,erows air pollut,a.nts impacting human health and the environment and is one of six Criteria Air Pollutants (CAPS) as defined under the NAAQS. Photocatalytic oxidation (PCO) of NO, using topical spray materials containing titanium dioxide (Ti02) for roadway applications is a novel, yet proven technology for mitigating urban smog. It has been researched and tested broadly, 9 U.S. Environmental Protection Agency (EPA): National Emissions Inventory (NEI), y,sww.ep.p.oy1att.. missions- inventoriesenational-e„m„is,s„i„ons, inventory-nei. 10 Boston University: Database of Road Transportation Emissions and The New York Times, October 2019. 1 845 especially in Europe. While the success rate for PCO efficiency of Ti02 solutions has been consistently encouraging," 12 prevailing techniques for both the development and application of Ti02 compounds have proven not durable or economical. That now has changed. In 2017 (and 2018), PTI applied the first field tests for durable Ti02 solutions in Greenville (SC) and Orlando (FL). The technological breakthrough combined proven surface penetrating pavement preservation compounds, long utilized by conservation minded SCMs, fortified with photocatalyst grade Ti02, to impregnate pavements with the natural pollution -reducing and heat reflecting material. The PTI technique provides both a method for sustainable Ti02 delivery into pavement wearing -course depth and at cost-effective "retrofit" economics. The practice promotes an efficient and scalable application for solar -based, direct capture technology for 03 precursors in the near -road environment. Titanium is an amazing material. It is as strong as steel, yet a fraction of its weight and much more durable. Ti02 is a natural mineral whose atypical chemical properties have led to a diverse range of commercial and industrial uses from whitening additives in paints to food coloring, candy coatings, toothpaste, and reflective sunscreens, etc. Or as surface `wetting' (i.e., hydrophilic) and anti - fogging agents and as photo -reactive chemical catalysts. 11 11 Dios J, et al., Decontamination through Photocotalytic T102 Additions — Past, Present and Future, International Conference on Emerging Trends in Engineering and Technology (ICETET), London 2014. 12 Gopalakrishnan K, et al., Climate Change, Energy, Sustainability, and Pavements, Springer, 2014. 13 Gopalakrishnan K, et al., Climate Change, Energy, Sustainability, and Pavements, Springer, 2014. With a half century of experience introducing nanotechnologies to pavements, PTI's photocatalytic solutions are designed to deeply penetrate pavement surfaces to deliver nanoparticle, photocatalyst Ti02 into depth at optimal load for sustained PCO and UHI mitigation. The product stock can be applied to almost any asphalt or concrete substrate using PTI's advanced application apparatus and at a fraction of the costs to more archival means to clean air, reduce heat build and extend infrastructure life cycle. Based on the Greenville and Orlando successes (Table 1.1),14 more refined applications of these new solutions have been deployed in the field as pilot projects in Austin (TX), Charlotte County (FL), Greater (Cary) Raleigh (NC), Bartow (FL) [FDOT test], Akron (Summit County) (OH) and at Orlando International Airport (MCO). Recently, Cincinnati (OH) and Raleigh (NC) placed the first ever public bid and RFP for these materials. They will be used on the first photocatalytic pavement related project to receive LEED in St. Petersburgh (FL) and piloted at the Kennedy Space Center by NASA later in summer 2020. 1.2 Field Testing -- Vehicular Pollution Removal The Texas A&M Transportation Institute (TTI) has tested field cores from the pilot sites using standardized photocatalytic materials testing protocols for PCO. 15 TTI testing indicates consistently strong NO., reduction at all sites tested and over multiple years on the oldest sites (Tables 1.1-1.4). 14 Zollinger DG and Joshaghani A, Laboratory Investigation of the Effect of Ti02 Topical Treatments on Concrete and Asphalt Samples, Texas A&M Transportation Institute, September 2018. 15 Japanese Industrial Standard (JIS) TR Z 0018 Photocatalytic Materials —Air Purification Test Procedure. 4 Table 1.1 Multi-year NO, Reduction Testing— Orlando (FL) and Greenville (SC) A.R.A.-1 Ti @) 0.04 — 0.06 gay i!% � � �/ice%'% ° , %///!,,,� j o r / /i//i / %%/i/`i i f%� Light ro 2 '„ ,i/'//// /ii% i�/ /,ii ri/ • NEGL 2$% 33% 34% 30% Greenville 'sc, 1/0 Source: Texas A&M Transportation Institute (TTI) Table 1.2 NOx Reduction — Orlando International Airport and Charlotte County (FL) 0.08 gay > Ti02 Source: Texas A&M Transportation Institute (TTI) Table 1.3 NO, Reduction — Greater Raleigh [Cary] (NC) A.R.A.-i Ti® ///rr �40 0/5 i io/�� 0 O NEGL 46% Source: Texas A&M Transportation Institute (TTI) / ;, 0.07 gay M07 gay Sample A Sample 8 45% 42% 44% 3 847 Table 1.4 NOx Reduction — TTI Test at the Center for Infrastructure Renewal (CIR) Source: Texas A&M Transportation Institute (TTI) Texas A&M also has tested the pilot sites for Ti02 penetration (durability) and load optimization (PCO efficiency) through `wearing -course' depth (0 to 6 rum) 16 using x-ray fluorescence analysis (Figure 1.1).17 is Due, in large part, to previously proven penetrant technology, PTI test sites consistently indicate deep penetration of the photocatalyst material at efficient PCO concentrations (> 2000 ppm) as deep as 50 mm (2 inches) or 8x AASHTO wearing -course depth. The high Ti02 presence at wearing -course depth is why the NO, reduction figures are consistently strong. Penetration and reliable load optimization of the Ti02 is the key to the significant technological advancement with Pavement Technology's photocatalytic pavement solutions. This was achieved by combining two proven nanotechnologies — known pavement preservation penetrating agents (e.g., MRT) and photocatalysis using photoreactive grade nanoparticle titanium dioxide. 16 The American Association of State Highway and Transportation Officials (AASHTO) sets pavement wearing course depth at 0.25 inches. Road -level NOx capture and sequestration or 0 Cd J) t U orf,," has been the principal advantage of PTI's photocatalytic pavement solutions, with a product stock including A.R.A.-1 �'i�"' for asphalt surface courses, ,ithtA000'"' for concrete surface courses, JOIN r I'BIND'I'"" (longitudinal joints) and Ti-intro(:'NIE09 (all substrates), which cover most or all transportation infrastructures and needs. Figure 1.1 Ti02 Penetration — Orlando International Airport 5000 A.R.A.-1 Ti° 000 _,... �.." a 3000 o ",r;�.i7rivs a 2000 Z��i�=� y 5 1000 c U 0 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 --- Core #1 (0.05) Dept&�MutYore #2 (0.05) -Core #12 (0.10) Core #13 (0.10) Source: Texas A&M Transportation Institute (TTI) 17 Zollinger DG and Joshaghani A, September 2018. 18 Zollinger DG and Joshaghani A, Follow-up, May 2019. FAI 848 1.3 Acid Rain Mitigation with Ti02 Treated Roads Atmospheric deposition of nitrogen is a major source of nitrate found in watersheds and is addressed by various water -quality legislation. Specifically, because almost all of the sources of nitrogen contaminations are point sources, this form of pollution is best controlled by directly reducing nitrogen oxide emissions. Commonly, these point sources are located outside of the political boundaries of watersheds that inherit this atmospheric deposited nitrogen and, therefore, may not be controlled through SCM regulations nor governance. Recent amendments to the CAA have mandated reductions to NO,, including from mobile sources, as they are a critical factor in managing nitrogen levels impacting lakes, reservoirs, rivers, and other estuarial expanses. Vehicular emissions are the second largest source of nitrogen builds in watersheds, after agricultural sources, and can contribute as much as 40% 19 of nitrate levels in dense urban settings. The U.S. Geological Survey (USGS) recommends direct reduction strategies for mobile -sourced NO, be employed to reduce such water contaminations. So, photocatalytic pavements provide a preferred strategy for acid rain mitigation and direct reduction of watershed nitrogen builds. Table 1.5 Solar Reflectance — (a) Orlando International Airport and (b) Charlotte County (FL) Source: Texas A&M Transportation Institute (TTI) 19 U.S. Geological Survey's National Water -Quality Assessment Program (NAWQA), www.usgs.com. 1 849 1.4 Field Testing - Cool Pavements with Ti02 In 2019, TTI added testing for solar reflectance (UHI mitigation effectiveness), showing PTI test sites consistently exceed the threshold for 20 Zollinger DG and Joshaghani A, Solar Reflectance Analysis of Ti02 Penetrant Treatments on Concrete and Asphalt Samples, Texas A&M Transportation Institute, August 2019. 21 U.S. Green Building Council USGBC), LEED V4 Heat Island Reduction (HIR) via Solar Reflectance Index (SRI) > 50% 29, www. usgbc. o rg. 22 EPA, Reducing Urban Heat Islands: Compendium of Strategies, Urban Heat Island Basics, www.epa.or. U.S. Ggreen Building (,, o moil ]LEiG D for heat island reduction (Table 1.5).21 21 At Orlando International Airport, PTI solutions turned an almost perfectly absorptive asphalt parking ramp (FedEx terminal) with a Solar Reflectance Index (SRI) of 9 (out of 100) into a 39-40 or 40% more reflective than LEED requirements and > 4x as heat energy displacing as original, untreated asphalt. As a heat mitigator, photocatalytic grade Ti02 simultaneously absorbs solar radiation away from the pavement substrate and efficiently redirects the energy back into the atmosphere, thereby protecting the pavement from oxidative deterioration (LCA extension) and eliminating excess pavement emissivity (especially in asphalts), creating a so-called — "cool pavement" which greatly helps reduce UHI.22 1.5 Field Testing — Super -Hydrophilic Pavements Ti02-bearing pavements exhibit a Photoinduced Superhydrophilicity State (PSH) when exposed to UV radiation, which enables water to disperse and desorb across a Ti02-treated surface much more efficiently. 23 24 This greatly reduces water intrusion risk to pavements and critical for longitudinal joints. PSH pavements also promote significant highway safety improvement implications including reduced hydroplaning, less windshield visibility impairment, and possibly ice formation mitigation. It also is why Ti02 treated surfaces are mechanically "self-cleaning" and both anti - mold and antimicrobial. zs 21 Mechanism of Photoinduced Superhydrophilicity on the Photocatalyst Surface, The Journal of Physical Chemistry, American Chemistry Society, 2005, Masato T, et al. 24 Vassilia Z, Hydrophilic Ti02 Surface Without Photocatalytic Activation, Lawrence Berkeley National Laboratory, University of California at Berkeley. 25 Kubacka A, Suarez Diez M, et al., Understanding the Antimicrobial Mechanism of Ti02- based Nanocomposite Films in a Pathogenic Bacterium, Nature Journal, 2014. 0 850 For example, the PTI test site at Orlando International exhibited significant mold removal within the first few months on the previously mentioned FedEx ramp treated with A. .A.-1 Ti@. Light energized Ti02 strongly attracts water, which is naturally polarized, where the water molecules are split by the activated surface, resulting in vastly improved disposal of H2O as it is transformed into thin films across the surface, not allowing droplets (and ponding) to form (Drawing 1.2). Drawing 1.2 Super -Hydrophilic Surfaces Can Rapidly Displace Water 0) 6) Fig 1Schematic representation W watw droplets beha 4o r o (a) uncoated glaaa substrates and (b) TIO: -coated plea substrates exhibiting the photoinduced superhydrophllicity stato Source: Universidade do Porto (Portugal) This PSH or "quick drying" transition of a photocatalytic pavement surface can be observed by measuring water a,onl aolar ]fie ( CA) before and after UV illumination, 26 where a Ti02-bearing surface presents a contact angle considerably lower when irradiated. This accelerates the dispersion of water across the surface by as much 26 ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Coatings, Substrates and Pigments by Advancing Contact Angle Measurement. 27 Research Institute of Toto Ltd., Tokyo, Japan, 1995. 28 Banerjee S, et al., Self -Cleaning Applications of T102 by Photo -Induced Hydrophilicity and Photocatalysis, 2015. 29 Hydroxylation is a chemical process that introduces a hydroxyl group (-OH) into an organic compound and is the first step in oxidative degradation. as 5x a non Ti02-bearing or "inactive" surface. 27 28 As with NOX reduction, the "fully hydroxylated" Ti02-bearing pavement 29 during photocatalysis causes powerful oxidants to combine with the adsorbed water molecules (e.g., rain) to form new hydrogen bonding with the H2O clusters. This forces the distribution of these bonds within the water droplets to decrease, resulting in a reduction of surface tension between the water and the photoreactive Ti02 surface. 3031 A WCA of less than 90 degrees is considered "hydrophilic" and will increasingly (with lower contact angle) speed-up the displacement of water (Drawing 1.3). Drawing 1.3 Hydrophilic vs Hydrophobic Contact Angles Source: London South Bank University For example, in highway design, an open graded friction course (OGFC) is designed specifically to physically reduce water contact angle as surface roughness has a strong effect on wettability. 30 Transparent Superhydrophobic/Superhydrophilic Ti02- based Coatings for Self -Cleaning and Anti -fogging, Journal of Materials Chemistry, Royal Society of Chemistry, 2012. 31 Masato T, Sakamoto K, et al., Mechanism of Photoinduced Superhydrophilicity on the Ti02 for Photocatalytic Surface, Department of Chemistry, Graduate School of Engineering, Osaka Prefecture University, February 2005. 7 851 A photocatalytic pavement will be even more efficient at producing a hydrophilic outcome through its high electro -chemical energy transformation of water molecules as described, providing a measurable upgrade to the water desorbing efficiency of any pavement substrate. PTI tested A. .A. -i Til' on an OGFC in Bartow (FL) for the Florida Department of Transportation (FDOT) in 2019. As indicated in (Table 1.6), the Ti02 enhanced test section observed a material decline in WCA from 81-82 degrees to 50-51 degrees for a nearly 400Nu improvement in water displacement capability. Table 1.6 Water Contact Angle — FDOT OGFC Test Bartow (FL) A.R.A: i Ti® Source: Texas A&M Transportation Institute (TTI) In the Charlotte County (FL) trials, PTI tested both Lit o1000T" and Ti-introCME@ across test sections for skid resistance (friction) under the standard testing protocol 32 which was executed by International Cybernetics (Table 1.7). The primary purpose for which was to determine skid resistance safety when applying Ti02 enhanced 32 ASTM E247 / E274M-15 Standard Test Method for Skid Resistance of Paved Surfaces Using a Full -Scale Tire. 5`o 81 e Twax W 004 Soo products to high speed thoroughfares. But what also was observed was clear indications of the instantaneous hydrophilic effect the Ti02 imparted to the surface of the pavement. 8 852 Table 1.7 Ti02 Impact on Skid Resistance and Hydrophilic Implications Litho1000 Ti' Location / Rate gsy Pre -Application. � Post 20 Minutes . ......... Post 24 Hours FA FA N Ti-introCME* Location Rate gsy Pre -Application Post 20 Minutes Post 24 Hours Source: International Cybernetics, Charlotte County (FL) March 2019 As exhibited, the surfaces treated with both Lithol 00OTi' and Ti-introCMEO" showed that friction was not adversely impacted in any of the tests and that in all six tests, skid resistance improved meaningfully. That friction results improved immediately (tested after just 20 minutes following application) and continued was insightful as it indicates the clear presence of the Ti02 and a PSH. To some, this may appear to be a startling outcome, especially considering the rather small amount of water used in the standardized friction test. But it is direct evidence of improved hydrophilic tendency of a road impregnated with photocatalyst grade Ti02. While more expanded research is concurrent, under actual inclement weather conditions, one should expect the improved (relative) skid resistance for a Ti02- bearing pavement to be even greater, hence the safety improvements realizable. PTI's photocatalytic pavement solutions provide the Public Works profession the first method for sustainable Ti02 delivery into pavement wearing -course depth and at cost-effective "retrofit" economics. The technique promotes an efficient, durable, and scalable application for solar -based, "NOx Capture" technology for the systematic removal Of 03 precursors, UH1 mitigation, pavement infrastructure LCA tn 0 extension, and improved roadway safety in the critical. near -road environment. 9 853 PERFORMANCE SPECIFICATION irl 854 2 Pollution -Remediating Polymerized Maltene Asphalt Rejuvenator 2.1 Description: TiO2 Enhanced Asphalt Rejuvenating Agent The work specified in this section shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of a penetrating polymerized asphalt rejuvenating agent to asphaltic concrete surface courses. The asphalt binder rejuvenation shall be affected through the petroleum Maltene Replacement Technology method. In addition, and with the same penetrating carrier liquid, apply photocatalytic-grade titanium dioxide (TiO2) to create a pollution reducing pavement microenvironment. The rejuvenation of surface courses shall be by spray application of a polymerized maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water and containing photocatalytic titanium dioxide in a minimum parts per million at a minimum depth as hereafter specified. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Figure 2.1 A.R.A.-1 Ti® Application Source: Pavement Technology, Inc.; Cary, NC 2019 11 855 2.2 Materials and Performance: Ti02 Enhanced Asphalt Rejuvenating Agent The Ti02 Enhanced Asphalt Rejuvenating Agent shall be a cationic emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit a bid with a certified statement from the Ti02 enhanced asphalt rejuvenating agent manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. Table 2.1 Test of Emulsion and on Residue Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, %W" D=244(Mod.) T-59(Mod) 60 65 Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, % W3 D-244(Mod.) T=59(Mod) 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4; 80 Flash Point, COC, °C D-92 T-48 196 Viscosity @ 60°C, cSt D-445 100 200 Asphaltenes, %w D-2006-70 - 1.00 Maltene Dist. Ratios D-2006-70 W 0.3 0.6 PC/S Ratios D-2006-70 - 0.5 Saturated Hydrocarbons, Ss D-2006-70 2] . 28 12 ' ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 -gram sample to 149°C (300°F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedure identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Procedure for Determining Percent Light Transmittance on Asphalt Rejuvenating Agent: a. Scope: This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. b. Apparatus: 1. Container may be glass, plastic or metal having a capacity of 6,000 ml. 2. Graduated cylinder, 1,000 ml, or greater 3. Light transmittance measuring apparatus, such as Bausch and Lomb or Lumberton spectrophotometer 4. Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5. Suction bulb for use with pipette 6. Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) Calibration of spectrophotometer: 1. Calibrate spectrophotometer as follows: a. Set wavelength at 580 mu, s b. Allow spectrophotometer to warm-up thirty minutes, c. Zero percent light transmittance (%LT) scale, d. Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, e. Place tube in spectrophotometer and set %LT scale at 100, and, f. Repeat steps (c) (e) two times or until no further adjustments necessary. d. Procedure: 1. Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2. Place 2,000 ml tap water in container. 3. Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4. Using suction bulb, blow emulsion into container. 5. Rinse pipette by sucking in diluted emulsion solution and blowing out. 6. Clean pipette with soap or solvent and water. Rinse with acetone. 7. Stir diluted emulsion thoroughly. 8. Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9. Calibrate spectrophotometer. 10. Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 11. Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12. The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. 13 5 Chemical Composition by ASTM Method D-2006-70 -- (Free) Maltene Distribution Ratio (MDR) can be defined as: PC+Ai .Swv+.,.A'... Where: PC = Polar Compounds Ai = First Acidaffins A2 = Second Acidaffins S = Saturated Hydrocarbons 2.3 Maltene Replacement ("Rejuvenation') Test The TiO2 Enhanced Asphalt Rejuvenating Agent shall have the capability to penetrate the asphalt pavement surface and shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the TiO2 Enhanced Asphalt Rejuvenating Agent into the asphalt binder has been effected shall be by the petroleum maltene fraction replacement method and analysis of the chemical properties of said asphalt binder therein i.e., viscosity shall be reduced by said method. For pavements less than two -years old and receiving the original application of TiO2 Enhanced Asphalt Rejuvenating Agent, the viscosity shall be reduced by a minimum of twenty (20%) percent as determined by the dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. For treatments of pavements older than two -years and/or after an initial treatment with a petroleum maltene asphalt rejuvenator, the viscosity shall be reduced by petroleum maltene replacement method a minimum of thirty percent (30%) in accord with same. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. The treated areas shall be densified or resistant in depth to the intrusion of air and water. 857 The Ti02 Enhanced Asphalt Rejuvenating Agent shall have a record of at least two years of satisfactory service as a Ti02 enhanced petroleum maltene based emulsion asphalt rejuvenating agent and in-depth densifier. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by the petroleum maltene replacement method and provide an in-depth seal. A.R.A.-1 Ti a Pavement Technology, Inc. product manufactured by D&D Emulsions, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the Ti02 Enhanced Asphalt Rejuvenating Agent has been used successfully for a period of two years by government agencies such as state, county and municipal governments or "SCMs", etc.; and that the enhanced rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder rheology and photocatalytic properties as hereinafter detailed. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, field testing data shall be submitted to indicate said product performance over a minimum testing period of two years to insure reasonable sustainability. The Engineer may require that untreated and treated core samples, a minimum of four inches in diameter, be removed by the Contractor at locations indicated by the Engineer. The treated core sample shall be taken in the same lane in close proximity to each untreated sample. A minimum of one untreated and treated core sample shall be taken for each pavement group or one per 50,000 square yards of treated pavement in each pavement group. 2.4 Photocatalytic Properties Testing 2.4.1 Ti02 Penetration Test: The Ti02 Enhanced Asphalt Rejuvenating Agent shall have a non-destructive analytical procedure applied to determine the percent of Titanium Dioxide nanoparticles present in each two -millimeter (2mm) layer of the field core sample matrix for a minimum depth of six millimeters (6mm) from the top of the treated sample core. The method of measurement shall be by fluorescent X-ray emitted from the surface when excited by a principal X-ray source that is exceptional for the given element. A hand- held XRF analyzer is acceptable for this testing. The minimum required concentration of Titanium Dioxide nanoparticles per each two -millimeter (2mm) section up to the minimum depth of 6mm shall average 2000 parts per million (ppm). 2.4.2 NO2 Reduction Effectiveness: The Ti02 Enhanced Asphalt Rejuvenating Agent shall be verified for the effectiveness of the air pollution remediation of the Titanium Dioxide nanoparticle portion by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.3 NO2 Reduction Test: A photo reactor test chamber shall be employed that allow for the evaluation of the efficient photocatalytic reduction of introduced NO,, gas of a known and controlled concentration within the chambers volume. The chamber light source shall be a UV lamp having a wavelength of 375 nanometers. The interior chamber environment shall be at 77°F with a constant humidity of 55% ±5%. The test total duration shall be five hours. The analysis test system shall be based on a Japanese Industrial Standard (JIS) TR Z0018 "Photocatalytic Materials -Air purification test procedure". NO removal 14 858 efficiency shall be measured using a Model 42i Chemiluminescence NO-NOZ-NOX Analyzer (Thermo Fisher Scientific Inc.). The minimum NO reduction following the heretofore outlined test procedure evaluating field core samples shall average 25% for all cores tested. 2.4.4 Solar Reflectance Effectiveness: Verification of the effectiveness of the solar reflectivity the Titanium Dioxide nano -particle portion of the Ti02 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.5 Solar Reflectance Test(s): Solar reflectivity shall be determined by measuring the treated core samples for a Solar Reflectance Index (SRI) value. SRI is a measure of the constructed surface's ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black surface (reflectance 0.05, emittance 0.90) is 0 and a standard white surface (reflectance 0.80, emittance 0.90) is 100. The relevant standards for measuring solar reflectance are: Table 2.2 Test of Solar Reflectance Based on these standards, the SRI is a measure of the relative steady-state temperature of a surface with respect to a standard white surface (SRI=100) and a standard black surface (SRI=O) under standard solar and ambient conditions. Under normal ambient conditions, the steady-state temperature for the black and white reference surfaces is 355.61 kelvin (K) or 180°F and 317.76 K (110°F), respectively. A Solar Reflectance Index (SRI) can be defined as: 'x, _.. T, Where: Steady-state Surface Temperature (Ts)—the temperature of the surface, in K, under the standard solar conditions. The surface temperature Ts (°C)=Ts (K)-273 + Reference Black Surface Temperature (Tb)—the steady-state temperature of a black surface with a solar reflectance of 0.05 and infrared emittance of 0.9, under the standard solar and ambient conditions « Reference White Surface Temperature (Tw)—the steady-state temperature of a white surface with a solar reflectance of 0.80 and infrared emittance of 0.9, under the standard solar and ambient conditions Sky Temperature (Tsky)—the temperature of a black body that would radiate the same power in the thermal infrared spectrum (5 to 40 nm) toward the earth as does the sky 15 859 The minimum SRI value following the heretofore outlined test procedure(s) evaluating field core samples shall average 29 (or 0.29) for all cores tested, which meet the minimum standard (>50% 29 SRI) for the U.S. Green Building Council (USGBC) hardscape threshold for Leadership in Energy and Environmental Design (LEED) credit or the minimum standard for the American Public Works Association (APWA) / Institute for Sustainable Infrastructure (ISI) Envision Superior (>60% 29 SRI) level of achievement credit. 2.4.6 Hydrophilic Improvement: Verification of the improvement in hydrophilic property of the Titanium Dioxide nano -particle portion of the TiO2 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.7 Wettability Test: Hydrophilic improvement shall be determined by measuring the treated core samples for Water Contact Angle (WCA). WCA is a common measurement of a constructed surface's ability to improve wettability or the ability of water to develop a stronger boundary (less resistance) with the surface as shown by a decline in water contact angle. A WCA of > 900 is considered hydrophobic or high resistance while a WCA <900 is considered hydrophilic or low resistance. The relevant standard for measuring WCA is: Table 2.3 Test of Water Contact Angle Water ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Contact Coatings, Substrates and Pigments by Advancing Contact Angle 16 Angle Measurement The minimum WCA reduction following the heretofore outlined test procedure evaluating field core samples shall average 20% for all cores tested. 2.5 Equipment 2.5.1 Distributor: The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.10 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5% of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The rate of application shall be controlled by an onboard computer control system designed to control the selected application rate uniformly and consistently in gallons per square yard regardless of the forward speed of the distributor truck. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. 860 2.5.2 Aggregate Cover Truck: The truck used for cover aggregate application shall be equipped with a spreader that allows the aggregate to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of cover aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast cover aggregate onto driveways or to lawns. The cover aggregate to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet aggregate shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired, or replaced at the direction of the Engineer. 2.5.3 Calibration: Distributor- prior to construction, calibrate the distributor in accordance with ASTM D2995-99 in the presence of the Engineer. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. 2.6 Construction 2.6.1 Layout: The Contractor will be responsible for the lay out of the roadway and project planning and sequencing to meet traffic control requirements prior to paving. 2.6.2 Weather and Seasonal Limitations: The Ti02 Enhanced Asphalt Rejuvenating Agent shall not be applied to a wet surface or when rain is occurring, or the threat of rain is present immediately before placement. The surface treatment shall not be applied when the temperature is less than 40" in the shade. When applying emulsions, the temperature of the surface shall be a minimum of 45°F, and no more than 17 150°F. If unexpected rain occurs prior to material penetration and cover aggregate application, the agent shall be reapplied at no cost to the agency. Further, the contractor's traffic control and project monitoring shall continue until the application has penetrated, area has been sanded and the resultant surface is acceptable to the Engineer for vehicular travel. 2.6.3 Preparation of Surface: The contractor will be responsible for blowing or sweeping the road immediately ahead of the application operation to make sure the road is free of standing water, dirt, loose aggregate, and other debris. The surface shall be clean and dry prior to the application. 2.6.4 Application of Ti02 Enhanced Asphalt Rejuvenating Agent: The Ti02 Enhanced Asphalt Rejuvenating Agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. 2.6.5 Material Placement of Ti02 Enhanced Asphalt Rejuvenating Agent: Application of Ti02 Enhanced Asphalt Rejuvenating Agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. 861 Before spreading, the Ti02 Enhanced Asphalt Rejuvenating Agent shall be blended with water at the rate of two parts rejuvenating agent to one -part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.04 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of Ti02 Enhanced Asphalt Rejuvenating Agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. 2.6.6 Test Strip for Application Rate: Prior to start of the project, the contractor shall perform test strip applications as directed by the engineer. Test strips shall be performed for each pavement group of similar age and type within the project area. The test strips shall be applied at a minimum width of 6 feet and for a length of 50 feet. A total of three test strips shall be applied at application rates of 0.04, 0.08 and 0.10 gallons per square yard, respectively. The time, in minutes, for essentially complete absorption of the asphalt rejuvenating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 20 minutes. In the event that all three of the standard test rates are absorbed completely within the 20 -minute timeframe, 18 then the Contractor and the Engineer shall agree on a fourth test strip application rate. _.m-.. Upon completion of the test strips for each pavement group, the Engineer will determine the final application rate to be applied to each pavement group. 2.6.7 Cover Aggregate Application: After the Ti02 Enhanced Asphalt Rejuvenating Agent emulsion has penetrated, and when recommended by the Contractor and approved by the Engineer, a coating of dry cover aggregate shall be applied to the surface in sufficient amount to protect the traveling public as required. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of a roadway. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul- de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating emulsion. If, after the cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of materials. 2.6.8 Handling of Ti02 Enhanced Asphalt Rejuvenating Agent: Contents in tank cars or storage tanks shall be circulated at least 45 minutes before withdrawing any material for application. The distributor truck will be cleaned of all of its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval of the Engineer. 2.6.9 Street Sweeping: The Contractor shall be responsible for sweeping and cleaning the streets after treatment. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. If, after cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of cover aggregate. 2.6.10 Resident Notification: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type, which secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. 2.6.11 Traffic Control: The Contractor shall furnish all necessary traffic control, barricades, signs, and flagmen, to ensure the safety of the traveling public and to all working personnel. Traffic shall not travel on fresh TiO2 Enhanced Asphalt Rejuvenating Agent until penetration, in the opinion of the Engineer, has become complete and the area is suitable for traffic. The Contractor shall submit an M.O.T plan indicating all facets of traffic control for the project area. The M.O.T. plan must be approved in writing by the Engineer prior to commencing any work. All traffic control shall be in accordance with the DOT Roadway Design Standards (most current edition). Traffic control devices shall be checked daily and periodically throughout the project for compliance; and where adjustments or corrections are needed, prompt revisions shall be 19 made. 2.6.12 Method of Measurement: The TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be paid at the Contract bid unit prices for the actual square yards of pavement treated as field measured. Said payment is compensation in full for all costs of furnishing and applying the material as specified, including cleaning the existing pavement, purchase of cover aggregate, delivery of cover aggregate, all labor, equipment, and materials necessary for the placement of the TiO2 Enhanced Asphalt Rejuvenating Agent emulsion, sweeping of any loose material after construction and other requirements as specified. Traffic control for maintaining traffic for constructing TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be considered incidental. 863 Payment for removal of untreated and treated cores shall be paid for as each at the unit price bid for Test Core Removal. 2.6.13 Basis of Payment: Pay Item Unit * TiO2 Enhanced Asphalt Rejuvenating Agent Per Sq/Yd s Field Core Removal* Each • Field Core Laboratory Analysis — Viscosity* Each • Field Core Laboratory Analysis -Titanium Each Dioxide Penetration* Field Core Laboratory Analysis - Titanium Each Dioxide NO2 Reduction* * Field Core Laboratory Analysis - Titanium Each Dioxide Solar Reflectance Index (SRI)* * Field Core Laboratory Analysis - Titanium Each Dioxide Water Contact Angle (WCA)* # Mobilization Per Project *When required by the Engineer 20 864 ADDENDUM 21 865 3BACKGROUND 3.1 Mobile Source Pollution and Tropospheric Ozone Ozone, sometimes referred to as "smog", is a toxic gas that is formed in the atmosphere when three atoms of oxygen combine (i.e., 03). The chemical structure of ozone is the same wherever it is found; however, as shown (Figure 3.1) there are two categories of ozone. Stratospheric Ozone is found naturally in the Earth's upper atmosphere - 6 to 30 miles above the Earth's surface - where it forms a protective layer that shields us from the sun's harmful ultraviolet rays. 33 This sometimes is referred to as "good ozone". Ground -Level zo e is found near ground level, naturally (sometimes called "tropospheric ozone"). It is created by chemical reactions between nitrous oxides (NO,,) and volatile organic compounds (VOCs) in the presence of sunlight. Emissions from industrial facilities can contribute as much 15% of tropospheric ozone, electric utilities 20% and motor vehicle exhaust contributes 60% or more (Figure 3.2) .3' They are the major sources of noxious gas formations in the air humans breathe ("bad ozone"). Figure 3.1 Greenhouse Gases & Smog Forming Emissions • Greenhouse gases (GHGs) are emitted from the tailpipes of cars and trucks that combust fuel. • Once GHGs are released, they can stay in the atmosphere for 100 years or more. • GHGs act like a blanket around Earth, trapping energy in the atmosphere and causing it to warm. This can change Earth's climate, raise sea levels, and result in dangerous effects to human health and welfare, and to ecosystems. • The effects are global. • Cars and trucks that combust fuel also emit smog forming emissions, such as nitrogen oxide, non - methane organic gases, carbon monoxide, particulate matter, and formaldehyde. • These emissions are usually trapped close to the ground, and can form a brownish haze that pollutes our air, particularly over cities in the summertime. • Smog can make it difficult for some people to breathe, triggering lung diseases such as asthma, emphysema, and chronic bronchitis. • The effects are local, regional, and national. Source: Environmental Protection Agency (EPA) 33 Texas Commission on Air Quality, aMWW.t c t,gA ,,,p gy. 34 Environmental Protection Agency (EPA), www.epa.gov. L. 22 Figure 3.2 Major City Sources of NO, Sootao of N0x in ff» Clty, W11 Commercial Gas 26% Domestic Gas 5% Minc Roads 3% Other 1% Major Roads 65% Source: City of London Air Quality Strategy 2011-2015 Climate scientists and healthcare experts have concluded that ground -level pollution or photochemical smog in densely populated, urban environments has developed into a human health crisis. The Worhl V-lawalth Organization's (WHO) most recent survey of 4300+ cities worldwide indicate only 20% of urban populations live in cities that comply with WHO air quality guideline levels for fine particulate matter (PM2.5), which includes NOX as the major contributor.35 36 The poor showing includes American cities, where all of our major urban hubs are near, already at or above WHO limits.37 Further, WHO scientists believe the impact of inner-city air pollution on the development of respiratory and atopic disease in childhood, in particular, has reached epidemic proportion. 3' Air pollution may contribute to as many as 9 million 35 World Health Organization (WHO), Ambient (Outdoor) Air Quality and Health, May 2018. 36 WHO: 10µg/m3annual mean and 25µg/m3 24-hour mean for PM2.5, www.who.int. 37 EPA: Air Quality Statistics by City 2017, www.epa.gov. 38 WHO, Ambient (Outdoor) Air Quality and Health 39 The Lancet Commission on Pollution and Health, October 2017. premature deaths annually,39 including 43% of lung diseases and cancer, 25% of heart disease and 24% of strokes." The American L,un.g Association has concluded: "The burden of air pollution is not evenly shared. Poorer people and some racial and ethnic groups are among those i+,ho gften face higher exposure to pollutants... ,41 owing, in no small part, to their sheer proximity to major point -sources (industry and traffic) for anthropogenic pollution. 3.2 Air Quality and Resident Health Creation of Hazardous Photochemical Smog Caused y Vehicle Emissions: Detrimental gas emissions, such as NO, and sulfur oxides (SOX), are formed during the combustion process from burning fossil fuels. Vehicle emissions introduce one of those oxides — nitrogen dioxide, into the environment, increasing 03 concentrations. As the ozone concentrates, the percentage of nitrogen undergoing oxidization also increases, resulting in an increasingly higher percentage of NO2 in the atmosphere, especially in the troposphere to create ground -level pollution harmful to humans and damaging to ecological systems. Researchers have identified a clear association between these serious environmental, ecological and health dangers with the presence of photochemical smog, acid rain, and rising NO2 concentrations. The EPA classifies NO2 as an "extremely hazardous" criteria toxin 42 and has set stringent limits on its ozone inventory under the NAAQS. 43 The ratio of NO2 to total gas emissions has been rising over the years due to increasing urbanization and associated traffic and 40 WHO, Global Health Observatory (GHO) data 2016, www.who.int. 41 American Lung Association, Disparities in the Impact of Air Pollution, www.lung.org. 42 EPA: List of Extremely Hazardous Substances, www.e_pa_-,gov. 43 EPA: NAAQS Table, Criteria Air Pollutants, www.epa.gov. 23 867 has resulted in a corresponding increase in Os "build-up.44 EPA technical data shows that as much as two- thirds of atmospheric NO2 is emitted from mobile sources. 45 And nearly half of all Americans live within `maximum exposure' to near -roadway pollution or within 500 meters of high AADT volume roads, according to the most recent U.S. Census.46 Airborne nitrous oxides (nitrites) have a half-life ranging 100 to 150 years.47 The EPA also believes NO2 concentrations from vehicles and near roadways are appreciably higher than those measured at monitors in the current EPA network. In fact, near -road concentrations can be 3 tines higher than measured at nearby area - wide Won tors,4$ making road -level "breathing zones" uniquely attractive targets for managing NO2 contaminations. Figure 3.3 Ozone Nonattainment at 60 ppb MW r Ont t 1 Warm Wouk a UrTnc Ozone Levels That Would Be Vbla W a 60 Ppb Standard used on Spada) lnterp W1cn) Source: U.S. Environmental Protection Agency 44 Richmond -Bryant J and Owen RC et al., Estimation of On - road NO2 Concentrations, NO2/NO. Ratios, and Related Roadway Gradients from Near -road Monitoring Data, Air Quality, Atmosphere & Health, January 2017. 45 EPA: List of Extremely Hazardous Substances, www.epa.gov. 46 U.S. Census Blocks 2010, U.S. Census Bureau, www.censes.gov; and U.S. Department of Transportation, Federal Highway Administration (FHWA), Average Annual Daily Traffic Data (AADT), rrrray,fhuwi„,.,,,�a,C,,,gcv. 47 EPA, Technical Bulletin: Nitrogen Oxides (NOX), Why and How They are Controlled, November 1999. 48 EPA: Near Roadway Air Pollution and Health, Frequently Asked Questions EPA -420-F-14-014, www.epa.gov. 24 -X- EPA estimates 41 (Figure 3.3) indicate all major U.S. cities and much of the country's populated areas in general would breach 03 concentrations at a 60ppb (parts per billion) threshold. The current limit is just 65ppb 50 and most health and environmental experts expect the "nonattainment" limit to be lowered in the near future. So, agencies need to be both preemptive and proactive. Most do not have adequate strategies in-place, however. 51 3.3 On -Road Vehicular Emissions The Good News is that vehicles are getting more efficient. Average new vehicle fuel economy for internal combustion engine (ICV) passenger cars has increased from 13 mpg in 1975 to 25 mpg today,52 and it's expected to steadily rise to 40 mpg in the coming decade.53 Many ICV models already exceed 35 mpg. 54 EPA scientists and engineers at the National Vehicle and Fuel Emissions Laboratory (NVFEL) at the University of Michigan (Ann Arbor) are working closely with our automotive industry ("Detroit") to continue to improve current vehicular technology in -use to meet higher MPGs. The Bad News is that our urban centers and accompanying vehicle ownership are growing far faster than emissions technology can pace. 49 EPA: 2015 (update) NAAQS for Ozone, Ground -level Ozone Pollution, ww , _ppg,gqy. so EPA: Fact Sheet - Overview of EPA's Updates to Air Quality Standards for Ground -level Ozone, www.epa.gov. 51 National Association of Home Builders (NAHB), Cities Still Miss the Mark on Ozone Standards, September 2015. 52 EPA: National Vehicle and Fuel Emissions Laboratory (NVFEL), www.epa.gov. 53 EPA: Environmental Ratings on the Label, Vehicle Emissions, wrwwrw,pp lrrr 54 EPA: Office of Transportation and Air Quality (OTAQ) / National Vehicle and Fuel Emissions Laboratory NVFEL), University of Michigan, wr rer J ,urnic,h. d u. 55 US Department of Transportation, Federal Highway Administration (FHWA), www.fwha.gov. America alone has seen annual new vehicle registrations nearly triple since 1975,55 far outpacing gains in fuel efficiency. And while new energy vehicle (NEV) growth has been steady, wide adoption has been greatly limited by steep cost prohibitions, lackluster consumer enthusiasm and other constraints." " ss The electric vehicle (EV) market e.g., appears to be centered exclusively on the super -luxury market, with average MSRPs exceeding 67,000 USD.59 The National Renewable Energy Laboratory (NREL) predicts that energy demand would skyrocket by over 60% 60 from current capacity limits if EVs were widely adopted. But where would we get more electricity today, tomorrow, or even fifty years from now to meet such an enormous increase in electricity demand? By most estimates, we'd need as many as 10 billion solar panels in the United States alone just to handle electric cars, creating substantial financial, logistic and land use issues. 61 And that, of course, assumes the panels will be able to constantly (steadily) produce the electricity we will need, while future technology actually will develop to store it. These are big "ifs". Reasoned analysis suggests that even if such limitations for renewable energy sources are solved, in part or in whole, estimates for overhauling the country's electric grid and energy infrastructure for new energies are rounded in the tens of trillions USD.626364 So, alternative energy 56 MIT Sloan School of Management, The Real Barriers to Electric Vehicle Adoption, August 2017. 57 MediaVillage, Five Reasons Why Electric Car Sales Fail at the Dealer Level, June 2019. 58 Forbes, Prediction: Auto Industry Headed for Financial Pile-up as EV Sales Disappoint, June 2018. 59 Edmonds, wL w.edmonds.corn. 60 National Renewable Energy Laboratory (NREL), waµww.l�urt qv. 61 Glenn H and Ost I, www.,. i�t:k std , r t,; .qi; Herron D, rwwr.,r�er�tu°n��rt�ftuar�:MNr°plp 62 The Republican Study Committee, A Greedy New Steel, February 2019. 63 The University of Texas at Austin Energy Institute. 64 Stanford University, School of Earth, Energy & Environment. 25 sources are proving more difficult to scale, store or even afford than expected. 6166 For now, GHG emissions from an EV are 50% higher than the improving fuel economy ICVs.67 So, the need for more commercially practicable solutions today, tomorrow, and perhaps for a lot longer for vehicular emissions management are presenting themselves. In PTI's on -gong discussions with the Federal Highway Administration's (FHWA) Environment, Air Quality, and Realty Team (which oversees CMAQ), improvements in existing transportation systems remain the highest priority and are consistent with the EPA's NVFEL view. Any technology which promotes reduced CO2e from vehicles, including photocatalytic roads, is viewed as a de facto improvement or acceleration in vehicular MPG efficiency towards meeting Corporate Average Fuel Economy (CAFE) standards (Figure 3.4). Figure 3.4 Vehicle MPG vs COae 31, nomy/GHG (2cydo compliawAr 11970.2011,„ GHG 2011-2020) Sao So , 400 CO, 9/ml 550 .o 300 30 O-MPG250 2 20 ,,„.,.,, ,,..�.:..,.. +..............�....»^""".�" 00 Lqo 100 10 so 1979 1990 1999 1990 1999 2000 2009 2010 2015 2020 2029 :rn Source: EPA: National Vehicle and Fuel Emission Laboratory 65 Finkler T and Hannon K, Renewable Energy: Status and Struggles, Stanford University. 66 The Wharton School, University of Pennsylvania, Can the World Run on Renewable Energy?, April 2015. The global trend to reduce pollution and energy consumption is a most critical cause, but poses unquestionable challenges (as highlighted), as numerous as they are complex for governments and industry. How we adapt products, services, and governance to play a scalable role in reducing pollution and energy consumption and our associated carbon footprint is key. These questions are becoming more urgent as legislative and environmental guidelines drive us towards more efficient energy usage, including and especially for on -road concentrations. 68 In considering the response and beyond the immense economic costs, one must also consider consumer expectations. While most consumers are aware of the balance between the cost and environmental benefits of reduced energy consumption, many may be reluctant to accept energy -reducing products that compromise other criteria e.g., product or behavior choice or even aesthetics. 3.4 Surface Chemistries & Catalytic Pollution Removal Systems The photocatalytic effect of Ti02 applied to pavements and other structures can remove pollutants from the air, so that so-called "photocatalytic pavements" can be installed for two primary applications - air pollutant removal and heat management. And critically - without significant cost nor change to transportation infrastructure or effect on consumer choice or behavior. Several approaches utilizing photocatalysis have been studied as methods for successfully counteracting noxious emissions. 67 Tsinghua University, Applied Energy (Journal), May 2018. 68 U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA): Corporate Average Fuel Economy (CAFE) standards, www.nhtsa.gov. 870 Photocatalysis or PCO is the acceleration of a photoreaction in the presence of a semiconductor. When the catalyst is activated by ultraviolet (UV) light with wavelengths less than 380nm, hydroxyl radicals and superoxide are created via band gap excitation, 69 70 forming an electrochemical energy field (ECF) (Drawing 3.5). Drawing 3.5 Ti02 Based Photocatalysis — Band Gap Excitation Source: Journal of Materiomics The ECF naturally and efficiently decomposes transient molecules traveling near or through the field, including primary 03 precursors such as NO, and VOCs as discussed. So, commercial photocatalyst grade Ti02 <1 gm (micron) is widely used as a photocatalyst material for several reasons, including as an effective pollution remediate: • Ti02 fulfills the requirements for effective photo -activity under the solar irradiance levels experienced on Earth • Photoreactive Ti02 is chemically inert; physically stable; non-toxic; non- exhaustive; on- e a s ve; econo ical: and widely (commercially) available • Ti02 has strong oxidizitig, strength, in particular at the ambient conditions near the Earth surface given that Ti02`S wide band gap (minimum energy required to excite and mobilize electrons) 71 in the solid state enables it to be very efficient in the UV range of the light spectrum 69 Zollinger DG and Joshaghani A, Laboratory Investigation of the Effect of Ti02, September 2018. 70 Binas V, et al., Modified Ti02 Based Photocatalysts for Improved Air and Health Quality, Journal of Materiomics, November 2016. + Ti02 also promotes super -h dro hilic: (i.e., water-desorbing) as well as solar- 27 reflectivity (SR) advantages to building _..- materials Ti02 hence promotes numerous advantages useful to science and engineering including de -polluting; self-cleaning; light -remitting; and heat reducing properties. 3.5 Solar Reflective Properties of Ti02 The growth in urbanization and changing land use coupled with ever rising vehicular emissions intensifies the UHI effects in cities. The heat -build exaggerates heat -related stresses such as 03 levels and accompanying disease in humans. And though UHI intensity depends on many factors including wind speed, direction, and solar flux, the thermodynamic properties of surface materials can greatly exaggerate the temperature profiles at the local scale. 71 The electronic band structure of solids refers to the energy difference (in electron volts) between the top of the valence band and the bottom of the conduction band in insulators and semiconductors. 871 In the southeastern U.S. alone, data indicates the "hot season" now lasts one to three weeks longer than 30 years ago, exaggerating UHI. 72 Heat - builds modify the atmospheric boundary layer (ABL), impacting air flow and mixing height (creates stagnant air) in urban environments, further deteriorating local air quality. So, UHI intensity itself, is highly correlated to air pollution levels. 73 Drawing 3.6 How the Heat Island Effect Occurs Sun4ght,3$,Tier trr Source: Green Ribbon Toronto Pollution -induced climate change is a circular problem and comes with other direct and indirect environmental, ecological and health impacts included in the growing phenomena now just universally described as the Urban HeatIsland effect (Drawing 3.6). When humans are exposed to extreme or prolonged heat, many of the crippling and even deadly diseases aforementioned are exacerbated. Low-income populations and the elderly are particularly vulnerable. The EPA has estimated that for every 1.5°F rise in temperatures, net demand for electricity used for cooling/heating would increase by as much 5% or more, impacting consumer behavior and even severely limiting their choices between other essentials for living. 74 72 Florida State University, Florida Climate Center, www.climatecenter.fsu.edu. I Reduced water quality also is a factor from UHI. The extremely high temperatures of pavement structures, especially asphalt, can measurably increase the temperature of stormwater runoff, escalating additional ecological and health concerns as these warmer waters drain into sewers and eventually into lakes, rivers, ponds, and streams etc. UHI and climate change interact in many critical and circulative ways: Increased energy Demand Increased. Air Pollution and Cas Emissions Reduced Human Health and Comfort Poor Water Quality and Ecology 73 Swamy G, et al., Urban Heat Island (UHI) Influence on Secondary Pollutant Formation in a Tropical Humid Environment, M LWaK±Lw�r1�FN *dm�ay. 74 EPA: Climate Change and Heat Islands, www.epa.gov. 872 In general, white surfaces will reflect as much as 75% of solar energy (strong hiding power) 75 and stay relatively coal, while black surfaces will absorb as much as 90% and will get extremely hot, of course. 76 Research has shown that the impact from improving the solar reflectance of urban infrastructure on UHI can range as high 100 tons CO2e per lane mile per year of pavement and a global adoption of both cool roofs and pavements could lead to a potential offset of over 40 gigatons CO2e annually. 77 78 79 Drawing 3.7 Pavement Reflectivity and Time �o n 20 is 10 S 0 1 1 4 S 6 Source: EPA: Heat Island Reduction Program (HIRP) Asphalt is a particularly good target. New asphalt, according to the EPA Heat Island Reduction Program (HIRP), has an SRI of 5 which slowly rises with age, but remains very heat -absorbing throughout its life cycle (Drawing 3.7). 75 Polymers, Light and the Science of Ti02, DuPont TM Ti Pure Titanium Dioxide, DowDuPont, vti1w.,, ea - dupont.com. 76 BASF SE, r�sur�r,dis) r io�ts i �µn nt ,� f�c� r . 77 Zhous a, et al., Enhanced Solar Reflectance of Thermal Coatings through Inorganic Additives; City University of Hong Kong; Massachusetts Institute of Technology, Hong Kong/ Boston, 2016. 78 Xu X, et al., The Impacts of Surface Albedo on Climate and Building Energy Consumption: Review and Comparative and Comparative Analysis, Transportation Research Board (TRB), 2016. An SRI of 5 at 72°F would register a surface temperature of the asphalt at 140°F over 8 hours of solar irradiation, according to HIRP testing. And each 10 SRI would reduce the pavement's temperature by 7°F to 10°F.80 Conventional paving materials can reach peak summertime temperatures of 150°F 81 or more, transferring excess heat to the air above them and heating stormwater as it runs off the pavement into waterways, effecting watershed ecology. Pavements in urban centers can be as much as 50% of land cover in major cities. 82 As such, pavements are a critical element in environmental planning and UHI mitigation consideration. Figure 3.8 Heat Shortens Pavement Life Source: EPA: Heat Island Reduction Program (HIRP) Further, asphalt binder begins to photodegrade at 1200F,83 with exponential damage as the temperature rises. Studies have shown that even modest improvement in asphalt temeperature can 79 Qin Y, Urban Canyon Albedo and Its Implication on the Use of Reflective Cool Pavements, Energy and Buildings, 2015. 80 EPA HIRP, Cool Fixes for Hot Cities. 81 EPA HIRP: Using Cool Pavements. 82 Lawrence Berkeley National Laboratory, Cool Pavements, riurlw . iQ4ti I c1,Rkalw ov. 83 Hossain K and Karakas AS, Effect of Ultraviolet Aging on Rheological Properties of Asphalt Cement, Memorial University of Newfoundland and University of Illinois, Urbana -Champaign, June 2018. 873 materially extend the service life of the asset (Figure 3.8). 84 Cooler pavements can be created with existing paving technologies including newer approaches such as the use of coatings or spray applied penetrants with SRI reducing materials to create pavements with strong light scattering efficiency. For example, chemical giant BASF extensively has tested paint pigments for their solar reflectance properties, in large part, to improve weatherability (UV protection). As a result, BASF has developed paint additives, utilizing photocatalyst TiO2, it markets as "paint it cool!" pigments for solar heat management in paints; DuPont similarly. Figure 3.9 Solar Reflectance (%) - Treated Source: BASF SE BASF researchers tested TiO2 presented in both white and black substrates (Figure 3.9). When TIO2 was added to a white substrate, the surface indicated roughly 90% reflectance from the UVA spectrum (315 to 400 nm in wavelength) all the way past visible light (400 to 700 nm) and even into infrared. Figure 3.10 Reflectance (%) - Untreated Source: BASF SE For the control (Figure 3.10), BASF tested black pigment against both color surfaces, which indicated only 5% reflectance, consistent with EPA HIRP testing. But, the TiO2 added to the black substrate (back to Figure 3.9) showed remarkable results with roughly 75% reflectance in the UVA spectrum or much higher (14x) than the control all the way through the visible spectrum (ranging 60% to 70% reflectance).85 Figure 3.11 Heat -Build vs Pigment Color Source: BASF SE 84 EPA HIRP: Using Cool Pavements. 85 BASF SE,. O 874 BASF scientists also tested UHI style heat build- up against multiple pigments and Ti02. As indicated (Figure 3.1.1), the heat -build in black pigment was materially more than the highly reflective Ti02. The black pigment, with just 5% reflectivity, accumulated more than twice the heat -build of the Ti02 enhanced pigment. Over half of the solar energy experienced at the Earth's surface falls within the UV and visible light spectrum. 86 So, these results give one a clear idea of how a Ti02-bearing pavement would perform to reduce radiative forcing (RF) " in the ambient environment. What can be learned from BASF's testing can be applied to Ti02-bearing pavements: Nanoparticle Ti02 has high light refraction properties,88 improving a pavement's ability to diffuse thermal loading and to lower emissivity. Understanding heat management can play a significant role in both ecology and pavement life- cycle assessment, which impacts the evaluation and appraisal for pavements on the environment through materials, construction, use, maintenance, and end -of -life phases. UHI specifically can play a crucial role in the use - phase of pavement LCAs and hence can become a major tool in a community's ability to reduce its carbon footprint without disrupting infrastructure and resident utility. 89 Yet, cool pavement technologies are not as required (adopted) by agencies as other heat island mitigation strategies (e.g., roofs) and there is no official standard or labeling program to designate cool paving materials in highway construction practices per se. But one can project as much is coming. 86 Solar Radiation and the Earth's Energy Balance, EESC Lectures Columbia University, 2007. 87 Radiative Forcing (RF) or Climate Forcing is the difference between insolation absorbed by the Earth and energy radiated back into space. 88 DowDuPont, uaww.d9V �duJ3q!1t o!11. Our interviews with the EPA's HIRP staff indicate strong interest in and base knowledge of photocatalytic pavement solutions. HIRP is especially interested in solutions for asphalts that do not impugn asphalt recyclability (sustainability) as most prevailing UHI mitigation strategies (e.g., "white pavements") and common pavement preservation materials alike risk because they are adsorbed and themselves unsustainable. Photocatalytic pavement solutions for asphalt such as PTI's A.R.A.4 Ti offer great promise in this regard because the penetrant replaces exact chemicals (true conservation) lost to UHI and the solution is translucent and fully absorbed into the substrate. This preserves full recyclability of the asphalt while delivering the advantaged solar reflectance properties from the photocatalyst material imbedded. The American Society for Testing Materials (ASTM) has formed a `cool construction materials' subcommittee in recent years to develop standard practices for measuring, rating, and labeling cool construction materials. The subcommittee also undertook the development of a standard practice for calculating an SRI for horizontal and low -sloped surfaces (like a road), 90 which now can and should be applied to road construction `best practices'. 3.6 Pavement Preservation and GHG Mitigation Asphalt remains the most durable and efficient material for roadway construction, dating back to the Romans and earlier. More than 90% of our roadways are built with asphalt.91 The manufacturing of asphalts and construction of asphalt roads, however, have a meaningful impact 89 Killingsworth B, et al., Concrete's Role in Reducing Urban Heat Islands, Concrete Sustainability Report, July 2014. 90 ASTM E1980 - 11 Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low -Sloped Opaque Surfaces. 91 Asphalt Institute,«ryr aM«,dtJ,ttllltal;qrg. 31 875 on the environment, energy use and GHG emissions. Pavement reconstruction and most forms of rehabilitation consume significant amounts of energy. From the negative RF in obtaining and processing raw materials, to mixing, transporting, and finally paving (applying), the global warming potential (GWP) of building and maintaining roads is of considerable importance to sustainable urban planning and maintenance (Figure 3.12). Employing pavement preservation requires significantly less energy than in part or whole rebuild, of course. Fog sealing, which includes molecular replacement strategies such as MRT, uses the least amount of energy per year of extended pavement life at as little as 250 BTU/yd2 -yr (0.4 MJ/m2-yr).12 Figure 3.12 CO2e Emission by Asphalt Pavement Input W__ffl' It 2 O."O"Os Source: Colas Group SA Compare that to the energy consumption of a pavement rebuild consuming as much as 1.5 million BTUs or 200 MJ/m2-yr 93 or roughly 500x the CO2e of pavement preservation strategies. 92 Chehovits J and Galehouse L, Energy Usage and Greenhouse Gas Emissions of Pavement Preservation Processes for Asphalt Pavements, Transportation Research Board, 2010. 93 Chaignon F, Pavement Preservation: What About Energy and GHG, Colas Group SA. 94 For Pavement Preservation (FPI), www.fp2.org. Beyond the enormous carbon footprint savings, the significant cost differential for preservation techniques over rebuilds provides returns on investment (ROI) typically exceeding 250%.14 One study conducted by Rutgers University 9' compared initial International Roughness Index (IRI), fuel consumption 96 and application year for pavement preservation implementation (Figure 3.13). The results indicated that early pavement preservation can have a materially positive impact on CO2e reductions. 97 Figure 3.13 Pavement Preservation Impact on CO2e Reduction 0.32 ia flu- 1,0 RAM id 0.30 .. . . ... .. .... HU- 1. 1 m1an ", 0.28 [RI-- 13 rwkin 0.26 Bu- 1.4 avkm 0.24 'A '20 2 4 6 a 10 12 AppNaW" The ()w) 32 L -W Source: Rutgers University The implication for proactive early and recurring pavement preservation strategies clearly support significant GHG mitigation against multiple points of fossil fuel consumption causally related to our critical city infrastructure, including roadways. 3.7 Deterioration of Asphalt Pavements Due to Manufacturing and Environmental Factors Asphalt pavements are vulnerable to many factors, thermal loading (excess heat) being the 95 Wang H, Al -Saadi 1, et al., Quantifying Greenhouse Gas Emission of Asphalt Pavement Preservation at Construction and Use Stages using Life -Cycle Assessment, International Journal of Sustainable Transportation, January 2019. 96 EPA: Motor Vehicle Emission Simulator (MOVES) and a other Mobile Source Emission Models, ww & gjojv, n_: 97 Wang H, Al -Saadi 1, et al. most damaging. 98 As noted, conventional paving materials can reach peak summertime temperatures exceeding 150°F.99 And asphalt binder begins to photodegrade (oxidizes) at 120°F,100 with exponential damage as the temperature rises. Excessive heat required during manufacturing, typically 300°F to 350°F101 or higher, is especially destructive, which leads to the volatilization or rapid loss of critical molecular components of asphalt binder that are responsible for durability and ductility (plasticity). These are commonly and scientifically referred to as "maltene fractions". As much as a third of maltene molecular content may be lost during asphalt production, 102 leaving asphalts prematurely aged by the impaired binder. Maltenes are the "media" that enable asphalt binder to impart flexibility, fluidity, and adhesion properties to paved roads. They are largely responsible for the resilience of asphalts to withstand considerable environmental and traffic stresses. Asphalts with depleted binder chemistry become embrittled, leading to cracking and raveling stress and accelerated repair and rebuild demands. In-service, heat continues its extortionate role in depleting maltene content in asphalt binder due to the oxidative effect of irradiation (UHI), as asphalts are highly solar energy absorptive. 103 In combination, volatilization and UHI stress are the primary factors responsible for binder -centric 98 Alkaissi ZA, Effect of High Temperature and Traffic Loading on Rutting Performance of Flexible Pavement, Journal of King Saud University- Engineering Sciences, April 2018. 99 EPA Heat Island Reduction Program (HIRP): Using Cool Pavements to Reduce Heat Islands, www.epa.gov. 100 Hossain K and Karakas AS, Effect of Ultraviolet Aging on Rheological Properties of Asphalt Cement, Memorial University of Newfoundland and University of Illinois, Urbana -Champaign, June 2018. 101 Texas Asphalt Pavement Association, mwya.Ig spa).1:41 org. failure of asphalt pavements and premature rebuild needs. 104 A proven remedy for restoring damaged or aged asphalt binder to proper performance properties is to chemically replace the maltenes lost during manufacturing and in-service weathering through maltene replacement therapy. MRT, effectively, establishes a molecular "second curve" to the LCAs of asphalt pavements. Figure 3.14 Maltene Rejuvenator Study: Seven Year Oxidation Rate Curves in Charleston County (SC) "I (in poises) 106 175000 Treated w/ MRT Untreated 125000 ....��.�.�.�.�.�.�.�......_..- 75000 25000 Year 1 Year 4 Year 5 Year 7 Source: Pavement Technology, Inc.; APART (Figure 3.14) is an abstract from a multi-year study on asphalt pavements in Charleston County (SC) treated with Reclamite o , a petroleum maltene-based rejuvenator. 102 U.S. Department of Transportation, Federal Highway Administration, Superpave Asphalt Mixture Design Workshop, Version 8.0, Updated January 2002 wwwjhw wfat.Eery. 103 EPA Heat Island Reduction Program (HIRP), Cool Fixes for Hot Cities Part 2: Los Angeles, September 2002. 104 Lolly R, Evaluation of Short Term Aging Effect of Hot Mix Asphalt Due to Elevated Temperatures and Extended Aging Time, Arizona State University, May 2013. 101 Reclamite is a trademark of Ergon, Inc. 101 The poise (symbol P) is the unit of dynamic viscosity (absolute viscosity) in the centimeter -gram - second system of units. 33 877 The maltene rejuvenator not only was able to reduce the initial viscosity (improve resilience) of the pavement (by over 50%), it effectively reset the oxidation curve for the pavement over the following seven years, dramatically extending the LCA of the pavement. MRT has been widely tested over the past half century with consistent excellent results. The method employs delivering an emulsified penetrating compound consisting of a near -pure maltene rich petroleum resin, a compatible surfactant, and water directly into the roadway surface. The surfactant and water help deliver the fresh maltene fractions ratably and deeply into wearing - course depth. The result is a revitalized or "rejuvenated" asphalt binder which can be tested for measurably and sustainably improved rheology, as the Charleston data proves. MRT has shown, with repeat treatments every three to five years, to extend the life cycle of asphalt pavements by two -fold and at a fraction of the cumulative cost of repaving, reducing reliance on petroleum feedstocks and cutting energy, maintenance and replacement costs. MRT is the asphalt pavement preservation base found in PTI's A.R.A.4 Ti Combining a proven pavement LCA extending technology with a photocatalytic enhancement has shown great results and synergies beneficial to multiple level COze reductions for pavement infrastructures. 3.8 Road -Level Air Quality Reference Testing There are key unknown relationships between NOX, the soluble nitrates (HNO3) that result from PCO and variant atmospheric conditions. Capturing and measuring ambient air quality in real-time is very difficult owing to the multitude 107 EPA: Air Quality Methods — Criteria Pollutants, www.epa.gov. los EPA: Human Exposure Modeling — Air Pollutants Exposure Model, www.epa.gov. of meteorological variables, including but not limited to—temperature; air speed; humidity; atmospheric pressure; precipitation; and air composition contamination related to testing area configuration and scale limitations. Roadway "breathing zone" analysis also includes traffic variables, of course. The EPA sets strict standards for such measurement and guides industry on accepted methods and procedures, including equipment under the Federal Reference Method (FRM) and administered by the EPA's Ambient Monitoring Technology Information Center ( .:MTIC:",).107 Equipment that are "designated" or meet the requirements are prohibitively expensive, with set-ups ranging in the hundreds of thousands USD. And the EPA stated protocol calls for multiple FRM level equipment used in any testing for redundancy and consistency. The EPA "reference" requirements are supported by the Agency's computerized simulation (regression) modeling, referred to as the Air Polluitaiiats EXaN,6111111-e l llfOdel (AP ).'01 So, the EPA combines advanced field monitoring with very sophisticated data -driven simulation software to predict human exposure risks to anthropogenic pollution. Additionally, the EPA believes near -road concentrations of pollutants can be 2-3 times higher than measured at nearby area -wide monitors, 109 as previously noted, making "breathing zone" identification critical in estimating human exposure to mobile -sourced criteria toxins such as NO, Conforming to air quality monitoring and human hazard measurement under FRM is logistically difficult and economically infeasible in most circumstances, while non -conforming testing creates an unavoidable data "reference gap". 109 EPA: Near Roadway Air Pollution and Health, Frequently Asked Questions, www.epa.gov. 34 878 The gap potentially could be mitigated through additional near -field PCO testing to promote correlative significance to non -reference air quality data collected. And this is among the on- going research initiatives with TTI, including potentially advancing future performance specifications for photocatalyst pavements. Drawing 3.15 Photocatalytic Disproportionation ofNitrite Gas (NO2) into Nitrate (NO3) Source: Royaf Society of Chemistry One approach to promote better field data efficacy is to establish a verifiable NO,, — nitrate exchange rate ("nitrite -nitrate exchange indexing") in order to ensure more dependable field monitoring of pollution reduction sites using non -conforming sources (Drawing 3.15). 110 111 The relationships primarily relate to the efficiency of the NOx - nitrate exchange rates under varying pollution exposure levels and air masses and movement. The objective of establishing such relationships would be to ascertain how field instrumentation would need to be properly configured in order effectively monitor and characterize the effect of the NOx - nitrate exchange process under PCO. The riori under such a protocol would be: "0 Hassan M and Dylla HL et al., Durability and Performance of Titanium Dioxide in Photocatalytic Pavements. 111 Wang L and Wang Q, Selective Determination of Nitrite/Nitrate Based on Photo -induced Redox Activity of ► Ste 1: Establish the NO, - Nitrate Exchange Rates for Fixed NOx Levels • Ste : Establish the NOx - Nitrate Exchange Rates for Variable NO,, Levels Ste : Large -Scale Sample Testing to Validate Findings from 1 and 2 The effectiveness of photocatalytic conversion on treated asphalt and concrete specimens can be tested with respect to a variation of NO, gas concentration by varying the air flow stream the gas is moving in. And against variant atmospheric conditions. In the field, NO, reductions can be measured indirectly based on either quantifying nitrate levels observed directly throughout the testing area or by comparing the dielectric constant across the treated surfaces to nitrate levels observed in the laboratory on extracted cores, to determine nitrate evaporation rate and nitrate concentrations in the field. These testing procedures could provide rapid methods for determining NOx reduction efficiency against the established NNE, which then could be compared to experimental (non FRM) air quality monitoring for correlations. Both then would be compared against the established baseline verification 112 to draw an empirical relationship between PCO testing with a high degree of accuracy with those increasingly more developmental at scale. This would be the base pollution capture relationship used to develop a full-scale econometric model, to include other traffic and weather variables, for exceptionally reliable ME pollution removal efficiency predictability. Titanium Dioxide, Journal of Separation Science, August 2018. 112 Japanese Industrial Standard (JIS) TR Z 0018 Photocatalytic Materials —Air Purification Test Procedure. 35 879 3.9 The Road of the Future is Ready In short., human achievement, for all it is great benefits, is overwhelming Mother Nature's ability to self -clean our planet. This is not debatable. Photocatalysis is a natural solution, using the immense energy of the Sun, which helps accelerate inherent, organic mechanisms for managing rising GHG inventories effecting ground -level pollution and exaggerating the impacts of heat islands and climate change. The technology is available today and it is both scalable and economical. 79R 880 37 881 SAFETY DATA SHEET 1. Identification Product identifier A.R.A. -1 Ti® Other means of identification Not available Recommended use Dust control emulsion Recommended restrictions Follow the manufacturer's instructions. Manufacturer/Importer/Supplier/Distributor information Manufacturer PROPRIETARY INGREDIENTS Manufacturer: D & D Emulsions, Inc. Address: 270 Park Avenue East P.O. Box 1706 Mansfield, OH 44901 24- Hour Telephone Number: CHEMITREC: 1-800-424-9300 (USA and Canada) CCN794154 2. Hazard(s) identification Physical hazards Not classified Health hazards Carcinogenicity Category 1B Environmental hazards Not classified OSHA defined hazards Not classified Label elements Signal word Danger Hazard statement May cause cancer. Prevention Obtain special instructions before use. Wear protective gloves/protective clothing/eye protection/face protection Do not handle until all safety precautions have been read and understood. Response IF SWALLOWED: Immediately call a POISON CENTER or doctor/physician. Do NOT induce vomiting. IF exposed or concerned: Get medical advice/attention. Storage Store in accordance with international regulations. Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard (s) not otherwise None known classified (HNOC) Supplemental information Not applicable 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number `Yo EXTRACTS (PETROLEUM), HEAVY 64742-11-6 60-65 NAPHTHENIC DISTILLATE SOLVENT WATER 7732-18-5 35-40 PROPRIETARY INGREDIENTS N/A <5 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water. Get medical attention if irritation develops and persists. Eye contact Rinse with water. Get medical attention if irritation develops and persists. Ingestion Rinse mouth. Do not induce vomiting without advise from poison control center. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Material name: A.R.A. -1 Tim SDS US 883 5516 Version p: 01 Issue date: 09/01/2017 1/6 Most important Direct contact with eyes may cause temporary irritation. symptoms /effects, acute and delayed Indication of immediate Treat symptomatically, medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. S. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Dry chemicals. Carbon dioxide (CO2). Unsuitable extinguishing media Do not use water jet as an extinguisher, as this will spread the fire. Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire -fighting Cool containers exposed to heat with water spray and remove container, if no risk is involved. equipment/ instructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6. Accidental release measures Personal precautions, protective equipment and emergency procedures Methods and materials for containment and cleaning up Environmental precautions 7. Handling and storage Precautions for safe handling Conditions for safe storage, including any incompatibilities Keep unnecessary personnel away. For personal protection, see section 8 of the SDS. Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is possible. Cover with plastic sheet to prevent spreading. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re -use. For waste disposal, see section 13 of the SDS. Avoid discharge into drains, water sources or onto the ground. Avoid prolonged or repeated contact with skin. Avoid prolonged exposure. Use only in well- ventilated areas. Keep away from heat and sources of ignition. Store in original tightly closed container. Store away from incompatible materials (see section 10 of the SDS). 8. Exposure controls/personal protection Occupational exposure limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CRF 1910.1000) Components Type Value Form EXTRACTS (PETROLEUM), PEL 5 mg/m3 Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT (CAS 64742-11-6) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value Form EXTRACTS (PETROLEUM), STEL 10 mg/m3 Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT (CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Material name: A.R.A.-1 Ti' SDS US 884 5516 Version q: 01 Issue date: 09/01/2017 2/6 Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates should be matched to conditions. controls If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Individual protection measures, such as personal protective equipment Eye/face protection Wear safety glasses with side shields (or goggles). Hand protection Wear protective gloves. Skin protection Liquid Other Wear appropriate chemical resistant clothing. Respiratory protection Not available Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material and before eating, drinking, considerations and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Opaque Liquid Physical state Liquid Form Liquid Color Yellow Odor Mild Odor Odor threshold Not available PH 4,5-7.2 Melting point/freezing point Not available Initial boiling point and > 212 °F ( > 100'C estimated boiling range Flash point Not available Evaporation rate < 1 Flammability (solid, gas) Not available Upper/lower flammability or explosive limits Flammability limit — lower Not available (%) Flammability limit - Not available upper (%) Explosive limit— lower Not available (%) Explosive limit — upper Not available Vapor pressure Not available Vapor density Not available Relative density 1 g/cm3 Solubility (ies) Solubility (water) Readily Dispersible Partition coefficient Not available (n-octanol/water) Auto -ignition temperature 5007 ( 260 °C) estimated Decomposition temperature Not available Viscosity Not available Other information Percent volatile 37.5 % estimated <2% VOC (Weight %) 2.5 % estimated 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Material name: A.R.A. -1 Ti® SDS US 885 5516 Version It: 01 Issue date: 09/01/2017 3/6 Possibility of hazardous reactions No dangerous reaction known under conditions of normal use. Conditions to avoid Avoid temperatures exceeding the flash point. Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition products No hazardous decomposition products are known. 11. Toxicological information Prolonged skin contact may cause temporary irritation. Information on likely routes of exposure Direct contact with eyes may cause temporary irritation,. Ingestion Expected to be a low ingestion hazard. Inhalation Prolonged inhalation may be harmful. Skin contact No adverse effects due to skin contact are expected. Eye contact Direct contact with eyes may cause temporary irritation. Symptoms related to the physical, Direct contact with eyes may cause temporary irritation. chemical and toxicological characteristics Not classified Information on toxicological effects No data is available on the degradability of this product. Acute toxicity Not available Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye irritation Direct contact with eyes may cause temporary irritation,. Respiratory or skin sensitization Prolonged inhalation may be harmful. Respiratory sensitization Not available Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1% are mutagenic or genotoxic. Carcinogenicity Contains a substance/a group of substances which may cause cancer. Contains polycyclic aromatic compounds (PACs). Prolonged and/or repeated skin contact with certain PACs has been shown to cause skin cancer. Prolonged and/or repeated exposures by inhalation of certain PACs may also cause cancer of the lung and of other sites of the body. US. OSHA Specifically Regulated Substances (29 CRF 1910.1001-1050) Not Listed Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity Not classified - single exposure No data is available on the degradability of this product. Specific target organ toxicity Not classified - repeated exposure No data available Aspiration hazard Not available Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available Mobility in soil No data available Other adverse effects No other adverse environmental effects (e.g, ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company, Waste from residues/unused products Dispose of in accordance with local regulations. Empty containers or liners may retain some product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions) Material name: A.R.A. -1 Tim SDS US 5516 Version It: 01 Issue date: 09/01/2017 4/6 886 Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied, 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory list. TSCA Section 12 (b ) Export Notification (40 CRF 707, Subpt. D) Not regulated CERCLA Hazardous Substance List (40 CRF 302.4) Not listed US. OSHA Specifically Regulated Substances (29 CRF 1910.1001-1050) Not listed Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard — No Delayed Hazard —Yes Fire Hazard—No Pressure Hazard — No Reactivity Hazard — No SARA 302 Extremely hazardous substance Not listed SARA 311/312 No Hazardous chemical SARA 313 (TRI reporting) Not regulated Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPS) list Not regulated Clean Air Act (CAA) Section 112 ( r) Accidental Release Prevention (40 CRF 68.130) Not regulated Safe Drinking Water Act Not regulated (SDWA) US state regulations WARNING: This product contains a chemical known to the State of California to cause cancer, US. Massachusetts RTK — Substance List EXTRACTS (PETROLEUM), HEAVY NAPHTHENIC DISTILLATE SOLVENT (CAS 64742-11-6) US. New Jersey Worker and Community Right -to -Know Act Not regulated US. Pennsylvania RTK — Hazardous Substances EXTRACTS (PETROLEUM), HEAVY NAPHTHENIC DISTILLATE SOLVENT (CAS 64742-11-6) US. Rhode Island RTK Not regulated US. California Proposition 65 WARNING: This product contains a chemical known to the State of California to cause cancer. Material name: A.R.A. -1 Ti° SDS US 887 5516 Version 4: 01 Issue date: 09/01/2017 5/6 International Inventories Country (s) or region Australia Canada Canada China Europe Europe Japan Korea New Zealand Philippines United States & Puerto Rico Inventory name Australian Inventory of Chemical Substances (AICS) Domestic Substances List (DSL) Non -Domestic Substances List (NDSL) Inventory of Existing Chemical Substances in China (IECSC) European Inventory of Existing Commercial Chemical Substances (EINECS) European List of Notified Chemical Substances (ELINCS) Inventory of Existing and New Chemical Substances (ENCS) Existing Chemicals List (ECL) New Zealand Inventory Philippine Inventory of Chemicals and Chemical Substances (PICCS) Toxic Substances Control Act (TSCA) Inventory On inventory (yes/ no)* Yes Yes No Yes Yes No No Yes Yes Yes Yes `A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from this listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 10-31-2014 Version p 01 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. Material name: A.R.A, -1 Ti° SDS US 5516 Version q: 01 Issue date: 09/01/2017 6/6 888 I certify from the records of this office that PAVEMENT TECHNOLOGY, INC. is an Ohio corporation authorized to transact business in the State of Florida, qualified on November 26, 1986. The document number of this corporation is P12308. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual reportiunifortn business report was filed on February 21, 2019, and that its status is active. I further certify that said corporation has not fled a Certificate of Withdrawal. Tracking Number: 1924710495CC Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-first day of February, 2019 ugµ To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sun b iz.orgfFilings/CertificateOfStatusICertiticateAuthen tication SO 891 Pavement Technology, Inc, 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. EXHIBIT "C" (Front -End Documents/Instructions to Bidders) 893 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub -Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation, Procurement Agent 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and "bid" for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website https://www.demandstar.com/Up/agencies/florida/6!Y- of-plantation-procurement-division/procurement-opportunities/9b6d 13 f6-3 8 74- 4291-9605-81cf63387a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids, neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right, unless prohibited by law, to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 15 894 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 4. Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost, progress or furnishing of the Work as required by the solicitation; (c) familiarize themselves with Federal, State, and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost, progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost, progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others, and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations, investigations, explorations, surveys, tests and studies and obtain any additional information or data which pertains to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 16 895 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing. Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY'S Procurement Department. Questions received less than ten (10) days prior to the date for opening of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors, Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will, within seven (7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier, person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 17 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be typed. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence. Whiteout of prices or words and numerals on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign). The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 18 897 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 https://www. demandstar. com/gpp/agencies/florida/city-of-plantation- procurement-division/procurement-opportunities/9b6d13 f6-3 874-4291-9605- 8lcf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER, the Bids of participants in such collusion will not be considered. 9. Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. Opening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. 11. Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for ninety (90) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period may be made only by mutual agreement between CITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 19 898 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 12. Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract to a successful BIDDER. The CITY shall be obligated to any Bidder for the project if and only if the CITY enters into a contract for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, or to recover from the CITY any damages, costs, lost profits, expenses, etc., that BIDDER may incur if the CITY chooses not to sign such contract. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 10 899 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 13. Taxes: The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Reauirements: All Bond and Insurance requirements are described in a separate document included with this solicitation (if applicable). 15. Equal Employment Opportunity Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all BIDDERS that it will ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16. Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17. Fiscal Non -Funding Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18. Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assignment The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 111 900 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to Deidre Bain, Procurement Agent (email address: DBainkplantation.org). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. Alternative Products: When bidding on an Alternative Product "or equal," Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. Any deviation from the specifications as written and accepted by the CITY may be grounds for rejection of the material and/or equipment when delivered. 22. Equal Product: Manufacturer's brand name and model number are used in these specifications for the purpose of establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended to prohibit the proposing of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution) may be bid, providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will determine if products is approved as equal to the specified request. END OF DOCUMENT ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 12 901 EXHIBIT "D" (Insurance Requirements) 902 INSURANCE REQUIREMENTS "°«r Statement Contractors shall not commence any work until they have obtained and satisfied the city's insurance requirements under written contract with the city and such insurance has been approved by the City of Plantation Risk Management Department. Contractors shall not allow any subcontractor to commence work until all insurance requirements have been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in the State of Florida. All insurance companies shall have a Financial Rating of no less than "A-" and Class X respectively, in the latest edition of A.M. Best Rating Guide. The types and amounts of insurance shall not be less than the amounts specified in this agreement. Insurance The required insurance coverage's shall be written in accordance with the hazards and magnitude of the project, but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule of hazards described herein. Contractors shall be responsible to purchase and maintain required insurance policies during the term of the contract agreement. If the Contractor fails to procure and maintain such insurance, the City of Plantation shall have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to the city in order to make effective and maintain such insurance. Additional Insured Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation "Additional Insured" on the Commercial General Liability with the following or similar endorsements providing equal or broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured --Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured -Owners Lessees, or Contractors endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional endorsement of CG2037 10 01 -Additional Insured- Owners, Leases have Contractors Operations endorsement. Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the insurance policy and liability arising out of the products & completed operations hazard. Commercial General Liahili Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than $1,000,000 Each Occurrence, and $2,000,000 Annual Aggregate unless the particular contract calls for specific limits of insurance. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. When a self-insured retention (SIR) or deductible exceeds $25,000, the City reserves the right, but not the obligation, to review and request a copy of Contractor's most recent annual report or audited financial statement. Business Automobile Liabilit Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers Com ensation & Employers Liabilit The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 903 y INSURANCE REQUIREMENTS i:lnibrella Excess l,iabilit If required by contract will be no more restricted than the underlying insurance policies. City of Plantation must be added and endorsed separately as additional insured on umbrella policies. Professional Uabilit If required by contract will be a minimum of 1,000,000. Waiver ofSubrogation The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of Plantation. Should an insurance policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then the Contractor will 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 shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should contractor enter into such an agreement on a pre -loss basis. Certificate '.s of Insurance The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) days to notify, when available by Contractors insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's required in this section. INSURANCE Commercial General Liability insurance will cover liability bodily injury and property damage. Exposures to be covered are premises, operations, products/completed operations, and contracts. Coverage must be written on an occurrence basis, with the following examples of insurance. Schedule Commercial General Liability Blanket Contractual Liability Independent Contractors Products & Completed Operations Blanket Contractual Liability Automobile Liability Any auto including Hired & Non -owned Broad Form Property Damage Blanket X,C,U Hazards Workers' Compensation Employers Liability Disease Policy Limit Limits $1,000,000 Each Occurrence $2,000,000 Each Occurrence Premises -Operations Personal /Advertising Injury Independent Contractors $1,000,000 Combined Single Limit $1,000,000 Each Occurrence If required (Included) Florida 440 Statutory Coverage $1,000,000 Each Accident $1,000,000 ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 904 wrr INSURANCE REQUIREMENTS Bonds: A surety bond maybe required equal to the value of the job to guarantee the work will be done per the specifications on a timely basis. A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written contract and so the city at its sole discretion, may cancel the contract and all rights, title and interest of the contractor shall thereupon cease and terminate. B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary depending upon the company, the project and the potential hazard exposures. C. The city requires being named "Additional Insured" on all certificates of insurance. Certificates of Insurance can only be endorsed by an insurance agency or insurance company. D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of Plantation and the Contractor. The city will have the right to amend such contract to conform to City of Plantation guidelines for contract work. E. The City requires a "thirty (30) day notice of cancellation" on all certificates of insurance. 1 , The City requires a "wavier of subrogation" for all Workers Compensation Coverages 7"IIF UNDERSIGN' ITIIr�("TOR I AS READ All THE FOREGOING REQUIREMENTS AND AGREES T' "Ibl TERMS. 00 ...........W... .w ........... .M.........................................� � ..._ I � u"°' cretaryffrea urer CONTRACTOR Colin Durante, President January 9, 2023 DATE CITY OF PLANTATION ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 905 .� � DATE (MMIDD/YYY1() ACORN► CERTIFICATE OF LIABILITY INSURANCE 4/11/2023 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C NT PRODUCER NA" E: Frances Lyons McGowan & Company, Inc. PHONE 440.895.4359 FAX _N0:440-333-3214 20595 Lorain Rd 1c.1„ ,ta„ E-MAIL Fairview Park OH 44126 ADDRESS: flyons@mqgowaninsurance.com INSURER(S)AFFORDING COVERAGE _ NF INSURER A: Travelers Property Casually Co of. America 36 INSURED ...... .... _....._ _. ---- PAVETEC-01'INSURER,B: Phoenix Insurance Company ...... ........ 25 Pavement Technology, Inc INSURER c 24144 Detroit Rd Westlake OH 44145 INSURERD: INSURER E: ,.. ....... :OVERAGES CERTIFICATE NUMBER: 1758485299 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .... .._.. ......... ....... ]ADDUSUBR'. ......... ....... ...POLICY EFF i POLICY EXP ..._... LIMITS ISR TYPE OF INSURANCE POLICY NUMBER MM/D MM(DD(YYYY T....,.,.....,.,............. w.,.....,.....,.:..�.,........-...,�........�.. ... ...,�.......-....�. A X COMMERCIAL GENERAL LIABILITY Y Y DTC0324N6425 3/1/2023 3/1(2024 EACH OCCURRENCE $1,000,000 RENTEDDAMAGE TO PREM SES (Eaoccu ence) $ 500,000 CLAIMS-MADE1XI OCCUR � ""- -- MED EXP (Any one person) $10000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECT LOC B AUTOMOBILE LIABILITY X ANY AUTO '..OWNED SCHEDULED ;AUTOS ONLYAUTOS X HIRED " X NON -OWNED AUTOS ONLY AUTOS ONLY Y Y ' 81081.678293 A X UMBRELLALIAB X OCCUR Y Y CUP2J391570 EXCESSLIABCLAIMS-MADE. '.. DEDRETENTI^ _?S_ON $ A WORKERS COMPENSATION Y UBOK349145 AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If ves. describe under '.. PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $2,000,000 '.. PRODUCTS - COMP/OP AGG $2,000,000 COMBINED SINGLE LIMIT �wwn S1,000,000 3/1!2023 3(1(2024 t,Ea accident/ _. _.... _..._. ......... BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ ` PROPERTY DAMAGE $ ......... .... (Per accident).... , ........ ..... $ 3(1!2023 3(1(2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE 1 $ 5,000,000 3/1/2023 3/1/2024 STATUTE EERH I E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Project: Asphalt Rejuvenation Project — Term Contract Agreement No. 072-22 The City of Plantation is included as an additional insured with respects to the General Liability and Automobile Liability when required by written contract. Waiver of Subrogation is included in favor of the additional insured where permissible by state law when required by written contract. 10 day notice of cancellation for non-payment of premium, 30 day notice for all other reasons applies. CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Plantation 400 NW 73 Avenue AUTHORIZED REPRESENTATIVE Plantation FL 33317 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 906 EXHIBIT "E" (Unit prices identified and agreed to under this Agreement) 907 BID FORM (REVISED) Pavement Technolo y, Inc, Bidding Company's Name:., 9 Address: 24144 Detroit Road, Westlake, OH 44145 Phone: 440-892-1895 Email: dcancelliere@pavetechinc.com To furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: SOLICITATION NAME: Asphalt Rejuvenation Project —Term Contract ITB No. 072-22 City of Plantation TO: City of Plantation 400 NW 73rd Avenue Plantation, FL 33317 The Undersigned BIDDER proposes and agrees if this bid is accepted, to enter an agreement with the CITY to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation. This bid will remain open for ninety (90) days after the day of Bid Opening. A. BIDDER has examined copies of all the Contract Documents and of the following Addenda: (if any addenda have been issued) DATE: [ ] 11/18/22 [ ] 12/14/22 [ 112/21/22 ADDENDA NUMBER: [1 ] [2 ] [3 ] (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to Contractors and the Instruction to Bidder. B. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreements or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over CITY. C. BIDDER shall complete/furnish the work/equipment for the following price. It is the CITY'S intent to award a contract to the lowest, responsive, and responsible BIDDER for Base Bid A or Base Bid B. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 140 908 BID FORM (REVISED) TOTAL BASE BID AMOUNT: BASE BID A Description Per SQ YD Cost Total Cost Standard Silicification w Reclamite ��.........w $ 744,150.00 Approximately 615,000 square yards annually construction sealing with $ 1.21 .. yy M SY asphalt -rejuvenating agent furnished and annlied. One dollar & twenty-one cents per sq. yd,. BASE BID B Description Per SQ YD Cost Total Cost Bid Alternate #1� $1,531,350.00 Approximately 615,000 square yards annually construction sealing with $ 2vw49_SY asphalt -rejuvenating agent furnished and applied. Two dollars & forty-nine cents per sq. yd. *The City reserves the right to award either Base Bid A or Base Bid B *Prices shall remain firm for ninety (90) days. Safety Data Sheets enclosed? Yes V No Specification Sheets/Brochures? Yes V No Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. The undersigned also agrees as follows: To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY, and to accept as full compensation therefore, such prices may be agreed upon in writing by the CITY and the BIDDER SUBMITTED C SIGNATURE OF BIDDER: PRINT NAME: Colin Durante TITLE (if any): President ADDRESS: 24144 Detroit Road, Westlake, OH 44145 Incorporated under the laws of the State of Florida. w w ........._. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1 4 1 909 EXHIBIT "F" (General Terms and Conditions) 910 GENERAL TERMS AND CONDITIONS A. Warranty The Contractor warrants to the City that materials and equipment furnished under the Agreement will be of good quality and new unless otherwise required or permitted by the City; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the applicable standard construction details and requirements. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty shall be for a period of one (1) year from acceptance by the City and excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. B. Safety Precautions and Programs 1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement. 2. In the event the Contractor encounters on the Project site any material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) that has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the City in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the City and Contractor. 3. The Contractor shall not be required to work in an area on the Project site that contains asbestos or polychlorinated biphenyl (PCB). C. Safetv of Persons and Property 1. The Contractor shall take responsible precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: a. employees at the Project site and other persons who may be affected thereby; b. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub subcontractors; and c. other property at the Project site or adjacent thereto, such as trees, shrubs, lawns, walks, relocation or replacement in the course of construction ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 911 GENERAL TERMS AND CONDITIONS 2. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property for their protection from damage, injury or loss. 3. The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 4. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 5. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in this Section caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible except damage or loss attributable to acts or omissions of the City or Consultant or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. 6. When applicable, the Contractor shall designate a responsible member of the Contractor's organization at the Project site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the City and Consultant. 7. The Contractor shall not load or permit any part of the construction site to be loaded so as to endanger its safety. D. Uncovering of Work 1. If a portion of the Work is covered contrary to the City's request, it must, if required in writing by the City, be uncovered for the City's inspection and be replaced at the Contractor's expense. E. Correction of Work 1. The Contactor shall promptly, in a technically appropriate time period, correct Work rejected by the City or failing to conform to the applicable standard detail requirements. The Contactor shall bear costs of correcting such rejected work, including additional testing and inspections and compensation for the City services and expenses made necessary thereby. 2. If, within one year after the date of completion of the Work, any of the Work is found to be not in accordance with the standard detail requirements or to have failed, the Contractor shall ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 912 GENERAL TERMS AND CONDITIONS correct it promptly, in a technically appropriate time period, after receipt of written notice from the City unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice after discovery of the condition. The Contractor shall remove from the work/project site portions of the Work that are not in accordance with the Work requirements and are neither corrected by the Contractor nor accepted by the City. If the Contractor fails to correct nonconforming Work within a reasonable time, the City may correct it at the Contractor's expense. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City, the City may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the City may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the City's services and expenses made necessary thereby. If such proceeds of sale do not cover costs, which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the Work requirements. F. Cleaning Up 1. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by Work operations. At completion of the Work the Contractor shall remove from and around the Project site waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 2. If the Contractor fails to clean up as directed, the City may do so and the cost thereof shall be charged to the Contractor. 3. The Contractor shall be responsible for the safe, neat and secure on-site retention of solid waste generated during the course of construction. The Work Site includes the immediate area of the Site, ingress and egress routes through City's property (City Limits). Proper care shall be taken to avoid debris, trash, soil, gravel, rock, liquid or other materials from being deposited on roads or common areas of the City's adjacent property. The Contractor is responsible for providing a method of cleaning and or removing such debris or spillage as part of its Site responsibilities. In the event the City provides the means to clean or remove such debris or spillage from ingress or egress routes, the Contractor will be responsible for reasonable reimbursement to the City. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 913 GENERAL TERMS AND CONDITIONS 5. IF requested by the City, temporary restoration of asphalt pavement and other surfaces disturbed by the work shall occur within 24 hours that work has been completed within the disturbed area. 6. Permanent restoration of paved areas shall not occur prior to repairs being completed, tested for leaks, the construction within the disturbed pavement area has been completed, and inspections approved; but not later than 10 working days after completion of these items. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. 7. If directed by the City, all other areas disturbed by the Work shall be restored, within 10 working days of completion of construction at the Contractor's expense, to a condition equal to or better than that of the surrounding adjacent areas, with materials matching the surrounding adjacent materials. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. G. Proiect Closeout 1. When Contractor considers the Work to be completed at the end of each Work assignment, Contractor shall submit written certification to the City that the Work is completed and ready for final inspection. Include the following: a. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b. Submit an updated final statement, accounting for final additional changes to the amount approved for the completed Work assignment. H. Final Cleaning 1. Remove any temporary protection and facilities installed for protection of the work area or equipment during general electrical repair work. 2. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. 3. Where extra materials of value remaining after completion of associated Work have become the City's property, arrange for disposition of these materials as directed. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 914 GENERAL TERMS AND CONDITIONS L Changes in Quantities 1. The City reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary. J. Permits, Fees and Notices (If Applicable) 1. Permit fees required by the Work shall be eligible for reimbursement by the City to the Contractor upon presentation of receipts by the Contractor. 2. It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration (if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors) working on the project for whom a Certificate of Competency is required. K. Public Construction Bond(s) Contractor may be required to ensure a Public Construction Bond equal to one hundred (100) percent of the authorized work. The unit pricing provided by the Contractor in the bid form shall include the bonding cost. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least "A", Class X, in the latest edition of "Best's Key Rating Guide", published by A.M. Best Company. L. Completion of Work: 1. The Work shall be performed on an as needed basis and completed within the time frames established by the City and the Contractor over the life of the Agreement. M. Contractor Services and Responsibilities 1. The Contractor shall assist the City or City's Representative in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the project. 2. Materials: Unless otherwise specified herein, Contractor shall furnish, pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, startup and proper completion of the Work. Contractor warrants that all materials and equipment shall be of good quality and new, unless otherwise provided in the Bid Documents and that the Work will be free from defects whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Bid Documents. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 915 GENERAL TERMS AND CONDITIONS 3. The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences, and procedures. 4. The Contractor shall keep the City and City's Representative (if applicable) informed of the progress and quality of the Work. 5. If requested in writing by the City, the Contractor, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Bid Documents and shall decide, subject to determination by the Architect or Engineer (if applicable), subject to demand for arbitration, claims, disputes and other matters in question relating to performance thereunder by both City and Contractor. Such interpretations and decisions shall be in writing, shall not be presumed to be correct, and shall be given such weight as the arbitrator(s) or the court shall determine. 6. The Contractor shall correct Work which does not conform to the Bid Documents. Contractor shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. City shall not be responsible for monitoring Contractor's compliance with any laws and regulations. Contractor shall promptly notify City if the Bid Documents are observed by Contractor to be at variance therewith. The Contractor shall pay royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the City harmless from loss on account thereof, except that the City shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by the City. However, if the Contractor has reason to believe the use of a required design process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly given to the City. 9. The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of Contract with the Contractor to perform a portion of the Work, including their agents and employees. 10. The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operation. At the completion of the Work, the Contractor shall remove from the project site the Contractor's tools, construction equipment, machinery, surplus materials, waste materials, and rubbish. 11. The Contractor shall prepare Change Orders for the City or City Representative's approval and execution in accordance with this Agreement and shall have authority to make minor changes in the design and construction consistent with the intent of this Agreement not involving an adjustment in the contract sum or an extension of the contract time. The Contractor shall promptly inform the City or City's Representative in writing, of minor changes in the design and construction. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 916 GENERAL TERMS AND CONDITIONS 12. The Contractor shall notify the City or City's Representative when the Work or an agreed upon portion thereof is substantially completed by issuing a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance; shall include a list of items to be completed or corrected; and shall fix the time within which the Contractor shall complete items listed therein. 13. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying Contractor's best skill, attention and expertise. Contractor shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures of construction. Contractor shall be responsible to see that the finished Work complies accurately with the Bid Documents. 14. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with Contractor. Nothing in the Bid Documents shall create any Contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Bid Documents for the benefit of City. 15. Contractor shall obtain and pay for all permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary. 16. Within seven (7) calendar days after execution of the Contract and in any event prior to the commencement of any Work hereunder, Contractor shall furnish, in writing to City, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. City shall advise Contractor, in writing, of any proposed person or entity to which City has a reasonable objection. Failure of City to reply promptly shall constitute notice of no reasonable objection. Contractor shall not contract with a proposed person or entity to whom City has made a reasonable and timely objection. If City has reasonable objection to a person or entity proposed by Contractor, Contractor shall propose another to whom City has no reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if City makes reasonable objection to such change. 17. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons for whose acts any of them may be liable and any other ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 917 GENERAL TERMS AND CONDITIONS persons and organizations performing or furnishing of the Work under a direct or indirect contract with Contractor. Nothing in the Contract Documents shall create any contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 18. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. N. Risk of Loss; Title: The risk of loss, injury, or destruction shall be on Contractor until acceptance of the Work by City. Title to the Work shall pass to City upon acceptance of the Work by City. O. Use of Premises: Contractor shall confine equipment, the storage of materials and equipment and the operations of Workers to the project site and areas identified in and permitted by the Bid Documents and shall not unreasonably encumber the premises with equipment or other materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against City by any such occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this document specifically applies to claims arising out of Contractor's use of the premises. During the progress of the Work, Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, appliances, equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition all property not designated for alteration by the Bid Documents. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. P. Access to Work: Contractor shall provide City, City's consultants, representatives and personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and programs so that they may comply therewith. Q Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Bid Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 918 GENERAL TERMS AND CONDITIONS R. Work by City or City's Contractors The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. If the Contractor claims that delay or additional cost is involved because of such action by the City, the Contractor shall make such claims to the City or City's Representative in writing. 2. The Contractor shall afford the City's separate contractors' reasonable opportunity for introduction and storage of their materials and equipment for execution of their Work. The Contractor shall incorporate and coordinate the Contractor's Work with the Work of the City's separate contractors as required by the Bid Documents. 3. Costs caused by defective or ill-timed Work shall be borne by the party responsible. END OF SECTION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 919 EXHIBIT "G" Addendums) 920 OFFICE OF THE MAYOR Lynn Stoner Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director Plantation the grass is greener' ADDENDUM NO. 1 ITB No. 072-22 CITY COUNCIL Erik Anderson, President Jennifer Andreu, President Pro Tem Timothy J. Fadgen Denise Horland Nick Sortal Asphalt Rejuvenation Project — Term Contract DATE OF ADDENDUM: November 18, 2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. ttoti' Amsen Question No. 1 - On page 14, paragraph 2, it states that the initial contract term is two years, with three optional one-year renewal terms, but on page 64, it states that the initial term is for one year, with four optional one-year renewal periods. Can you please tell me which is correct'? Response No. 1— A two-year initial contract terra with reneeval options for an additional three one-year terms Question No. 2 - Also, page 4, the second paragraph describes elevator work. I know that was just left in by mistake, if you could please confirm? Response No. 2 — Please disregard that paragraph and refer to the scope beginning on page 14 for a description of work to be performed Under this project. Bids must be submitted on or before January 10, 2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. Ittlp Ly rv)vw cletiaii star �J�r�/�11a�/ g(.gLgj s/ll ar rla/ Math... n_pl,3ntntLoti pme t rr wtat tlty� mlLt7�1 ria ,grernent- tIL),ILoj!Licltti s/ b6cl13fb 3x74 4291-960 a-8ler(i„ 3,87a4O/ All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 1 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue + Plantation, Florida 33317 954.414.7842 + www.plantation.org 921 OFFICE OF THE MAYOR Nick Sortal Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director Plantation the grass is greener` ADDENDUM NO.2 ITB No. 072-22 CITY COUNCIL Jennifer Andreu, President Timothy J. Fadgen, President Pro Tem Erik Anderson Denise Horland Louis Reinstien Asphalt Rejuvenation Project— Term Contract DATE OF ADDENDUM: December 14, 2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. tt tides AUd Amw_�,ons Question No. 1 - The previous contract used by the City was on the South Florida Purchasing Cooperative, will this contract similarly allow for other agencies to piggyback by adding language to that end? Response No. I —The City will allow fior other agencies to piggyback by excluding language in the contract that may prohibit it. Question No. 2 - With the extreme volatility of petroleum-based materials, longer term contracts around the state have added escalation clauses (such as the Producer Price Index or the FDOT Fuel and Bituminous Average Price Index). Would the City of Plantation consider adding such a clause to this contract? Response No. 2 —Please make the appropriate assunnptions for the initial term of the contract. Aftcr the initial term, the City will consider the aforementioned escalation clauses. Bids must be submitted on or before January 10, 2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. f19lilLs//vvavw cjc�,mandstar.cu Ott �tP,pZtn pticJesf"1currida rC p + t pl , l„1,luorr rcnc user uerll:µa!ryt aellr/I menta rwrerb t rxt KL)ppuarir.inttre /9b6d l_)( 87 291-9605-81,t fEi 7a/IO/ All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 2 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue • Plantation, Florida 33317 954.414.7842 * www.plantation.org 922 OFFICE OF THE MAYOR Nick Sortal Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director Plantation the grass is greefler, ADDENDUM NO. 3 ITB No. 072-22 CITY COUNCIL Jennifer Andreu, President Timothy J. Fadgen, President Pro Tem Erik Anderson Denise Horland Louis Reinstien Asphalt Rejuvenation Project —Term Contract DATE OF ADDENDUM: December 21, 2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. Chanes ]Please see the attached revised bid form. Ito tIi n Lind Ari wee Question No. 1 - On page 53, the checklist lists "Federal Funding Requirements" as a submitted form, but that won't apply, correct? Response No. 1— Please disregard this checkl ist item as it does not apply. Question No. 2 - If we are submitting a price for the standard spec product, Reclamite®, and we are also providing pricing for an alternate product, then would the Grand Total be those two totals added together, or would the Grand Total be the total amount for the standard spec product? Response No. 2 — Please see the attached revised bid form„ Question No. 3 - In regard to the Base Bid Total on page 53: Is this the total for the standard spec product plus the total for the alternate product, added together, or if it would be the total for the standard spec product, only? Response No. 3 — Please provide two different i:otals and make a clear distinction between the standard and alternate bid price. Bids must be submitted on or before January 10, 2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. wt11w�rywci�rw.lllst4rt1f1tlalggries/1,rr,Mdaciy-rC 1»ltt:at+r1.:lwtat,lrrc�lawtlti��/pLccwcfrrtaLw 94)p rte rt Mti S/9b6cf l ,lbr al 429 lfi�� l ct'63. 11 a40% All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 3 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology!, Inc. 400 NW 73rd Avenue • Plantation, Florida 33317 954.414.7842 • www.plantation.org 923 OFFICE OF THE MAYOR Nick Sortal Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director March 30, 2023 Colin Durante Payment Technology, Inc 24144 Detroit Toad Westlake, OH 44145 Email: dcancelliere@pavetechinc.com "mm'1 CITY COUNCIL Jennifer Andreu, President 1 Timothy J. Fadgen, President Pro Tem Erik Anderson Plantation Denise Horland tGwG o [ k,ue°u o�ap" Louis Relnstlen RE: ITB No. 072-22; Asphalt Rejuvenation Project- Term Contract Dear Colin Durante: This letter is to inform you that the City of Plantation- City Council- authorized and approved the following on Consent Agenda Item No. 8 during their March 29, 2023 meeting. Approval to execute a term agreement between the City of Plantation and Pavement Technology, Inc., for "Asphalt Rejuvenation- Term Contract" in accordance with ITB No. 072-22. The contract/agreement initial term shall be for one (1) year with an option to renew/extend for four (4) additional one (1) year periods, provided Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. After the required protest period has passed (April 3, 2023 @4:30pm), a representative from the Procurement Department will be contacting you to execute a formal agreement. Pricing Information: Description Per SQ YD Cost Standard Specification — Reclamite $1.21/per square yard Description Per SQ YD Cost Bid Alternate #1 (A.R.A: 1 Ti Pollution -Remediating $2.49/per square yard Maltene Asphalt Rejuvenator) Please take this opportunity to obtain the required Certificate of Insurance (naming the City as additionally insured). In addition, if you have not already done so, please register as a City of Plantation vendor by visiting our website (www.plantation.org) and completing the proper application Note: The City shall not be obligated to any Bidder to enter into a contract or issue a purchase order with the Bidder despite the City governing body prospectively awarding the Project to a successful Bidder. The City shall be obligated to any Bidder for the project if and only if the CITY enters into a contract or issues a purchase order for the Project with the Bidder, and further, no action will lie against the City to compel the City to execute any such contract or purchase order, or to recover from the City any damages, costs, lost profits, expenses, etc., that Bidder may incur if the City chooses not to sign such contract or issue a purchase order. If you have any questions, please do not hesitate to contact me. Respectfully, rles Spencer, NIGP-CPP Procurement Director ESpencer@Plantation.org 924 N" W F4 a w •o w � U � 4 o d � A � z a � O � � A a � V O � L e� O y � h � V G> Lr V C60 o U N" W F4 a z z w � U � d � A � z a � z � .r b�A o a � V O � L o Fr V O y � h � V G> Lr V C60 o U no � N M CITY OF PLANTATION Plantation INVITA TION TO BID ITB NO. 072-22 "ASPHALT REJUVENTATION PROJECT - TERM CONTRACT" BID OPENING DATE: JANUARY 10, 2023 BID OPENING TIME: 11:00AM BID REQUIREMENTS BID BOND - N/A LIQUIDATED DAMAGES - N/A PUBLIC CONSTRUCTION BOND - N/A CONTACT PERSON: DEIDRE BAIN ADDRESS: 400 NW 73RD AVENUE, PLANTATION, FL 33317 EMAIL: DBAIN@PLANTATION.ORG PHONE NUMBER: 954-414-7842 PROCUREMENT DEPARTMENT CITY OF PLANTATION Procurement Department ' 400 NW 73'd Avenue Plantation, FL 33317 Plantation Telephone: (954) 414-7842 "hv ge'iw' g rvcncr' Fax: (954) 797-2649 TABLE OF CONTENTS Cover Sheet for Invitation to Bid..........................................Page 1 Table of Contents...........................................................Page 2 Sun Sentinel Advertisement .................................................Page 3 Notice to Bidders.......................................................... Page 4 Instructions to Bidders ....................................................Pages 5-12 Evaluation Criteria ........................................................Pages 13 Technical Specifications .................................................Pages 14-20 Fill in Forms Non -Collusion Certification.............................................Pages 21-23 Qualification Statement ..................................................Pages 24-28 References.................................................................Page 29 Bidder Certification ......................................................Pages 30-33 Insurance Requirements ................................................Pages 34-38 Drug- Free Workplace ..................................................Pages 39 Bid Form..................................................................Pages 40-41 Public Records...........................................................Pages 42-44 Scrutinized Company Certification ...................................Pages 45 E-Verify...................................................................Pages 46-49 OIG.......................................................................Pages 50-52 Bid Checklist............................................................Page 53 Supplemental Forms General Terms and Conditions Agreement ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 12 927 LEGAL ADVERTISEMENT INVITATION TO BID # 072-22; ASPHALT REJUVENATION PROJECT - TERM CONTRACT November 15, 2022 The Sun Sentinel 333 SW 12 Avenue Deerfield Beach, FL 33442 Attention: Legal Advertisement Department Please publish the following Notice to Bidders in your Fort Lauderdale News ONLY, TWO TIMES, one time in two consecutive issues, as soon as possible: Asphalt Rejuvenation Project— Term Contract CITY OF PLANTATION All Responses will be received electronically via the Demand Star website on or before 11:00 am. on Tuesday, January 10, 2023. Bid Documents may be obtained electronically at: https://network.demandstar. com/agencies/floridalcity-of-plantation-procurement-division/procurement- opportunities/9b6d 13 fb-3 874-4291-9605-81 cf63 3 87a40/. Bids will not be considered and cannot be entered online after the above referenced date. If a Bid Bond is required for this solicitation the original bid bond shall be received at the Office of the City Clerk, City of Plantation, 400 NW 73' Ave, Plantation, Florida 33317, BEFORE the due date of the solicitation. Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. All questions may be addressed in writing to the Deidre Bain, Procurement Agent, 400 NW 73 Avenue Plantation, Florida. Deidre Bain can be reached at 954-414-7842, Monday Through Friday, 8AM to 4:30PM, Email: DBain@plantation.org. The City reserves the right to reject any and all bids and to accept the one that is in the best interests of the City. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 13 928 NOTICE TO BIDDERS INVITATION TO BID # 072-22; ASPHALT REJUVENATION PROJECT - TERM CONTRACT The City of Plantation, Florida is soliciting bids for Asphalt Rejuvenation — Term Contract. The project will generally consist of, but is not limited to, the following: Contractor shall provide maintenance service and upgrades according to code 3.10.12 of the Bureau of Elevator Safety for all City of Plantation owned elevators, and will be required to perform 100% of all work. Contractor must respond to all services calls within three (3) hours. All work performed shall have a minimum ]-year parts and labor warranty. The Contractor will maintain all elevator equipment as hereinafter described on the terms and conditions subsequently set forth. Bid Documents may be obtained electronically at: https://www.demandstar.com/app/agencies/florida/city-of-plantation-procurement- division/procurement-opportunities/9b6d 13 fb-3 874-4291-9605-81 cf63 3 87a40/. Bids will not be considered and cannot be entered online after the above referenced date and time. All Responses will be received electronically via the Demand Star website (www.demandstar.com) on or before 11:00 am. on Tuesday, January 10, 2023. If a Bid Security is required for this solicitation the original bid security shall be received at the Office of the City Clerk, City of Plantation, 400 NW 73rd Ave, Plantation, Florida 33317, BEFORE the due date of the solicitation. Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. Detailed specifications containing Instructions and Bid Forms may be obtained from Deidre Bain in the Procurement Department, 400 NW 73 Avenue, Plantation or through the Plantation website of www.Plantation.org. The bid may also be obtained from the www.Demandstar.com website. All questions may be addressed in writing to the Procurement Agent, Deidre Bain, 400 NW 73rd Avenue, Plantation Florida 33317. Deidre Bain can be reached at 954-414-7842, Monday through Friday, 8AM to 4:30PM, Email: DBain(a plantation.org. Pursuant to Broward County Ordinance No. 2011-19 and City of Plantation Resolution No. 12242, this solicitation requires that each BIDDER must be registered as a Vendor with the CITY prior to or contemporaneous with submitting a Bid. Vendor registration can be completed at www.Plantation.org. As a further condition precedent for consideration of any bid, such Bid must strictly comply with the Instructions to Bidder as issued by the City. The City reserves the right in its sole discretion to reject any bid which does not strictly comply with said Instructions to Bidder and further reserves the right to accept or reject any bid as set forth in said instructions. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 14 929 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub -Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation, Procurement Agent 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and "bid" for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website https://www.demandstar.com/app/agencies/florida/diy: of-plantation-procurement-division/procurement-opportunities/9b6dI 3 fb-3 874- 4291-9605-81 cf63 3 87 a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids, neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right, unless prohibited by law, to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 15 930 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 4. Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost, progress or furnishing of the Work as required by the solicitation; (c) familiarize themselves with Federal, State, and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost, progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost, progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others, and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations, investigations, explorations, surveys, tests and studies and obtain any additional information or data which pertains to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 16 931 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing. Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY'S Procurement Department. Questions received less than ten (10) days prior to the date for opening of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors, Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will, within seven (7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier, person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 17 932 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be typed. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence. Whiteout of prices or words and numerals on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign). The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 18 933 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 https://www.demandstar.com/app/agencies/florida/city-of-plantation- procurement-division/procurement-opportunities/9b6d 13 fb-3 874-4291-9605- 81 cf633 87a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER, the Bids of participants in such collusion will not be considered. 9. Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. Opening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. 11. Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for ninety (90) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period may be made only by mutual agreement between CITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 19 934 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 12. Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract to a successful BIDDER. The CITY shall be obligated to any Bidder for the project if and only if the CITY enters into a contract for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, or to recover from the CITY any damages, costs, lost profits, expenses, etc., that BIDDER may incur if the CITY chooses not to sign such contract. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 10 935 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 13. Taxes: The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Requirements: All Bond and Insurance requirements are described in a separate document included with this solicitation (if applicable). 15. Equal Employment Opportunity Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all BIDDERS that it will ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16. Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17. Fiscal Non -Funding Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18. Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assignmen The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 111 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 0 72 -22 approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to Deidre Bain, Procurement Agent (email address: DBainkplantation.org). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. Alternative Products: When bidding on an Alternative Product "or equal," Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. Any deviation from the specifications as written and accepted by the CITY may be grounds for rejection of the material and/or equipment when delivered. 22. Equal Product: Manufacturer's brand name and model number are used in these specifications for the purpose of establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended to prohibit the proposing of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution) may be bid, providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will determine if products is approved as equal to the specified request. END OF DOCUMENT ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 12 937 EVALUATION CRITERIA In evaluating Bids, The CITY will consider the following criteria of the Bidders; A. The ability, capacity and skill of the respondent to perform under terms of the bid documents; B. Whether the bidder can perform the contract or provide the materials or services promptly, or within the time specified, without delay or interference; C. The character, integrity, reputation, judgment, experience, and efficiency of the bidder; D. The quality of performance of previous contracts and the providing of materials or services, or both; E. The previous and existing compliance by the bidder with the laws and ordinances relating to the contract, or providing of materials or services, or both; F. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the materials or services, or both; G. The quality, availability and adaptability of supplies, equipment, or contractual services to the particular use required; H. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; I. The number and scope of conditions attached to the bid; and J. Prior litigation experience. As may be requested in the Bid form or prior to the Notice of Award. The City will also consider any applicable ordinance or statutory criteria applicable to the Bid. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1 13 938 TECHNICAL SPECFICATIONS I. Scope: This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt -rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. We are bidding for a two-year initial contract term with renewal options for an additional three one-year terms providing both parties agree and that all terms and conditions remain the same. Rates shall remain firm and fixed for the initial contract term. IL Material Specifications: The asphalt -rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt -rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, % W' D-244(Mod.) T-59(Mod) 60 65 Miscibility Test D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, %W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, °C D-92 T-48 196 - Viscosity @ 60°C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC + Ar' S+Az PGS Ratios D-2006-70 - 0.5 - Saturated Hydrocarbons, Ss D-2006-70 - 21 28 ' ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 -gram sample to 149 C (300 F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 14 939 TECHNICAL SPECFICATIONS s Chemical composition by ASTM Method D-2006-70: PC = Polar Compounds, Ai = First Acidaffins Az = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt -rejuvenating agent. B. APPARATUS 1) Container may be either glass, plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6) Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes, (c) Zero percent light transmittance (%LT) scale, (d) Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f) repeat steps (c) and (e) two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir, or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb, blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 115 940 TECHNICAL SPECFICATIONS 10) Place diluted emulsion sample tube in spectrophotometer, cover, and read %LT to nearest tenth. 11) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. III. Material Performance: The asphalt -rejuvenating agent shall have the capability to penetrate the asphalt pavement surface and performing as follows. The asphalt -rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt -rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be reduced by petroleum maltene fraction replacement method to the following extent. For pavements receiving the first or original application of rejuvenating agent, the viscosity shall be reduced by a minimum of thirty-five, (35%) percent as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. For retreated pavements after an initial treatment with the asphalt rejuvenator, the viscosity shall be reduced by petroleum maltene replacement method a minimum of twenty percent (20%) as determined by dynamic shear rheometer (DSR) method for testing in accord with AASHTO T315-05. In addition, the phase angle shall be increased. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper three eights inch (3/8") of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as a petroleum maltene based emulsion asphalt -rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by petroleum maltene fraction replacement method, increase the phase angle, and provide an in-depth seal. Reclamite®, a Tricor Refiners, LLC product manufactured by D & D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid, previous use documentation and test data conclusively demonstrating the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc. and that the asphalt - rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder viscosity and phase angle. Prior testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, prior testing data shall be submitted to indicate said product performance as heretofore described over a minimum testing period of three years to insure reasonable life expectancy. RECLAMITE®, a Tricor Refiners, LLC product manufactured by D & D Emulsion Inc., Mansfield Ohio, is a product of known quality and accepted performance. IV. Applicator Experience: The asphalt -rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 16 941 TECHNICAL SPECFICATIONS number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt -rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. V. PRODUCT STANDARDS AND ALTERNATES: The product "Reclamite"R for the asphalt -rejuvenating agent, a Tricor Refiners, LLC product manufactured by D & D emulsions,Inc. Mansfield, Ohio is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one -gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as heretofore required. If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. VI. APPLICATION TEMPERATURE/WEATHER LIMITATIONS: The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt -rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt -rejuvenating agent shall not be applied when the ambient temperature is below 40°F. VII. HANDLING OF ASPHALT REJUVENATING AGENT: Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor, the asphalt -rejuvenating agent concentrate shall be ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 17 942 TECHNICAL SPECFICATIONS loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. VIII. RESIDENT NOTIFICATION: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. IX. APPLICATING EQUIPMENT: The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt -rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.08 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume -measuring device, and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system, acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying rock dust, or other aggregate when required and approved by the Engineer, shall be equipped with a spreader that allows the rock dust to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of rock dust or other aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the rock dust or other aggregate onto driveways or tree lawns. The rock dust or other aggregate to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet rock dust shall be rejected from the job site. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I 1 R 943 TECHNICAL SPECFICATIONS Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. X. APPLICATION OF REJUVENATING AGENT: The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to insure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt -rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event, the centerline construction joint area of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt -rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt -rejuvenating agent and water shall be spread at the rate of 0.04 to 0.08 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated and when surface conditions require a light coating of dry rock dust, or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The rock dust or other approved aggregate shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt -rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. XI. STREET SWEEPING: The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment, the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming, power blowing or other approved methods. If in the opinion of the Engineer, the hand cleaning is not sufficient, than a self-propelled street sweeper shall be used. All rock dust or other approved material used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt -rejuvenating agent. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 119 944 TECHNICAL SPECFICATIONS If, in the opinion of the Engineer, additional rock dust is required, said material shall be applied by the contractor. Said rock dust shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of rock dust. XII. TRAFFIC CONTROL: The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall be kept closed and free from traffic until penetration, in the opinion of the Engineer, has become complete and the area is suitable for traffic. When, in the opinion of the Engineer, traffic must be maintained at all times on a particular street, then the Contractor shall apply asphalt -rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until the traffic may be switched to the completed lane. The Contractor shall be responsible for all traffic control and signing required to permit safe travel. The contractor shall notify the police and fire departments as to the streets that are to be treated each day. If, in the opinion of the Engineer, proper signing is not being used, the Contractor shall stop all operations until safe signing and barricading is achieved. XIII. METHOD OF MEASUREMENT: Asphalt -rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. XIV. BASIS FOR PAYMENT: The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt -rejuvenating agent. Asphalt -rejuvenating agent shall be paid for PER SQUARE YARD, which shall be full compensation for furnishing all materials, equipment, labor and incidentals to complete the work as specified and required. END OF SECTION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 120 945 NON -COLLUSION CERTIFICATION TO BE RETURNED WITH BID By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion. BIDDER shall disclose below, to their best knowledge, any City of Plantation officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Plantation officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. NAME Witnesses: Typed name: Typed name: BIDDER: By: Name: Title: RELATIONSHIP ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 12- 946 NON -COLLUSION CERTIFICATION NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 12- 947 NON -COLLUSION CERTIFICATION NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of member, manager, officer, or agent, title of member, manager, officer or agent), of (name of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 12- 948 QUALIFICATION STATEMENT Fill in Farm The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (Attach additional sheets with appropriate reference, if necessary). You must respond to all questions. FAILURE TO DISCLOSE OR PROVIDE THE REQUESTED INFORMATION BELOW MAY RESULT IN THE BIDDER'S BID BEING DEEMED NON- RESPONSIVE AND THE BIDDER AS NOT QUALIFIED FOR AWARD. SUBMITTED TO: ADDRESS: SUBMITTED BY: NAME: ADDRESS: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: City of Plantation 400 NW 73rd Avenue Plantation, FL 33317 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the BIDDER is: The address of the principal place of business is: The business is a (Sole Proprietorship) (Partnership) (Corporation) 2. If BIDDER is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: c. President's Name: d. Vice President's Name: e. Secretary's Name: f. Treasurer's Name: g. Name and address of Resident Agent: 3. If BIDDER is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I ' 949 QUALIFICATION STATEMENT Fill in Farm 4. If BIDDER is other than an individual, corporation or partnership describe the organization and give the name and address of principals: If BIDDER is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name: a. Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the business or professions that are the subject of this Proposal. Please attached certificate of competency and/or state registration. Please include the foregoing information for all parties to be assigned to the project. 8. Have you personally inspected the site(s) of the proposed work? (Y) (N) 9. Do you have a complete set of documents, including agenda? (Y) (N) 10. Have you ever failed to complete any work awarded to you? if so, state when, where and why? 11. Within the five (5) years, has any officer of partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, explain fully. 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed or goods you have provided, and to which you refer (government owners are preferred as references). 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. Provide a list of similar projects, which have been completed within the past five (5) years, including project description, owner's names, addresses and phone numbers. 15. Provide a list of work currently under contract. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract page 1 '950 QUALIFICATION STATEMENT Fill in Farm 16. On Exhibit A, list all disputes, claims, mediations and litigation in which the bidding entity, a parent entity, an affiliate entity, a predecessor entity or other entities with which you were then associated or affiliated were involved in any contract disputes over the last five (5) years as of the solicitation response due date. If BIDDER is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. For said claim, identify with particularity the nature of such dispute, the names and addresses of the other parties to such disputes, and whether or how such disputes were resolved, including any mediation, arbitration or litigation involved and dollar awards. [Do not include disputes, claims, mediations and litigation that involve only garnishment, auto negligence, personal injury, or a proof of claim filed by BIDDER] 17. List all disputes, claims, mediations and litigation between the Owner and any of the responding entity's subcontractors/subconsultants over the last five (5) years as of the solicitation response due date. 18. Has any governmental entity within the last five (5) years commenced proceedings to discipline any of the officers, partners, or principals of the BIDDER, or sought to revoke a license held by the BIDDER (or its qualifying agent)? If so, please describe in detail the proceedings and how the matter was resolved. 19. Will you sublet any part of this work? If so, give details. (sub -contractor's name, address, phone number and contact) 20. Provide a list of equipment available to be committed to perform the work contemplated under this contract. 21. Please list any objections to the text of the Contract Documents in the area below or on separate sheets of paper attached hereto, if necessary. 22. Please attach a copy of your latest financial statement. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page I ' - QUALIFICATION STATEMENT Fill in Farm NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA NOTARY BLOCK FOR A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1 '952 QUALIFICATION STATEMENT Fill in Farm NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of member, manager, officer, or agent, title of member, manager, officer or agent), of (name of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1 '953 Fill in Form REFERENCES Please provide the names of three (3) Governmental Agency contract references. The references must be current or former clients with a similar engagement within the past 3 years. NAME: POSITION: ENTITY: PHONE: E -MAIL ADDRESS: ADDRESS: PROJECT: COMPLETION DATE/STATUS: NAME: POSITION: ENTITY: PHONE: E -MAIL ADDRESS: ADDRESS: PROJECT: COMPLETION DATE/STATUS: NAME: POSITION: ENTITY: PHONE: E -MAIL ADDRESS: ADDRESS: PROJECT: COMPLETION DATE/STATUS: ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 129 954 BIDDER'S CERTIFICATION Fill in Farm TO BE RETURNED WITH BID WHEN FIRM IS A PARTNERSHIP IN WITNESS WHEREOF, the BIDDER hereto has executed this Form this day of .20 Witness Witness STATE OF COUNTY OF Printed Name of Partnership By: Signature of General or Managing Partner Printed Name of Partner Business Address City/State/Zip Business Phone Number State of Registration The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 13- 955 BIDDER'S CERTIFICATION Fill in Farm WHEN BIDDER IS A CORPORATION IN WITNESS WHEREOF, the BIDDER hereto has executed this Form this of , 20 (CORPORATE SEAL) ATTEST By Secretary STATE OF COUNTY OF day Printed Name of Corporation Printed State of Incorporation By: Signature of President or other authorized officer Printed Name of President or other authorized officer Address of Corporation City/State/Zip Business Phone Number The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 13' BIDDER'S CERTIFICATION Fill in Farm WHEN FIRM IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS OR TRADE NAME IN WITNESS WHEREOF, the Bidder hereto has executed this Form this day of 20 Witness Witness STATE OF COUNTY OF Printed Name of Bidder By: Signature of Owner Printed Name of Individual Business Address City/St ate/Zip Business Phone Number The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknolvledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 13- 957 BIDDER'S CERTIFICATION Fill in Fann WHEN BIDDER IS AN INDIVIDUAL IN WITNESS WHEREOF, the BIDDER hereto has executed this Form this day of 20 Witness Witness STATE OF COUNTY OF By: Signature of Individual Printed Name of Individual Business Address City/State/Zip Business Phone Number The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 13- 958 INSURANCE REQUIREMENTS Statement Contractors shall not commence any work until they have obtained and satisfied the city's insurance requirements under written contract with the city and such insurance has been approved by the City of Plantation Risk Management Department. Contractors shall not allow any subcontractor to commence work until all insurance requirements have been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in the State of Florida. All insurance companies shall have a Financial Rating of no less than "A-" and Class X respectively, in the latest edition of A.M. Best Rating Guide. The types and amounts of insurance shall not be less than the amounts specified in this agreement. Insurance The required insurance coverage's shall be written in accordance with the hazards and magnitude of the project, but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule of hazards described herein. Contractors shall be responsible to purchase and maintain required insurance policies during the term of the contract agreement. If the Contractor fails to procure and maintain such insurance, the City of Plantation shall have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to the city in order to make effective and maintain such insurance. Additional Insured Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation "Additional Insured" on the Commercial General Liability with the following or similar endorsements providing equal or broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured --Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured -Owners Lessees, or Contractors endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional endorsement of CG2037 10 01 -Additional Insured- Owners, Leases have Contractors Operations endorsement. Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the insurance policy and liability arising out of the products & completed operations hazard. Commercial General Liability Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than $1,000,000 Each Occurrence, and $2,000,000 Annual Aggregate unless the particular contract calls for specific limits of insurance. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. When a self-insured retention (SIR) or deductible exceeds $25,000, the City reserves the right, but not the obligation, to review and request a copy of Contractor's most recent annual report or audited financial statement. Business Automobile Liability Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers Compensation & Employers Liability The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 1d 959 INSURANCE REQUIREMENTS Umbrella Excess Liability If required by contract will be no more restricted than the underlying insurance policies. City of Plantation must be added and endorsed separately as additional insured on umbrella policies. Professional Liability If required by contract will be a minimum of 1,000,000. Waiver of Subrogation The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of Plantation. Should an insurance policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then the Contractor will 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 shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should contractor enter into such an agreement on a pre -loss basis. Certificate(s) of Insurance The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) days to notify, when available by Contractors insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's required in this section. iNq] JR ANCF. Commercial General Liability insurance will cover liability bodily injury and property damage. Exposures to be covered are premises, operations, products/completed operations, and contracts. Coverage must be written on an occurrence basis, with the following examples of insurance. Schedule Commercial General Liability Blanket Contractual Liability Independent Contractors Products & Completed Operations Blanket Contractual Liability Automobile Liability Any auto including Hired & Non -owned Broad Form Property Damage Blanket X,C,U Hazards Workers' Compensation Employers Liability Disease Policy Limit Limits $1,000,000 Each Occurrence $2,000,000 Each Occurrence Premises -Operations Personal /Advertising Injury Independent Contractors $1,000,000 Combined Single Limit $1,000,000 Each Occurrence If required (Included) Florida 440 Statutory Coverage $1,000,000 Each Accident $1,000,000 ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page I IS 960 INSURANCE REQUIREMENTS Bonds: A surety bond maybe required equal to the value of the job to guarantee the work will be done per the specifications on a timely basis. Insurance Summary: A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written contract and so the city at its sole discretion, may cancel the contract and all rights, title and interest of the contractor shall thereupon cease and terminate. B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary depending upon the company, the project and the potential hazard exposures. C. The city requires being named "Additional Insured" on all certificates of insurance. Certificates of insurance can only be endorsed by an insurance agency or insurance company. D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of Plantation and the Contractor. The city will have the right to amend such contract to conform to City of Plantation guidelines for contract work. E. The City requires a "thirty (30) day notice of cancellation" on all certificates of insurance. F. The City requires a "wavier of subrogation" for all Workers Compensation Coverages THE UNDERSIGNED CONTRACTOR HAS READ All THE FOREGOING REQUIREMENTS AND AGREES TO THE TERMS. WITNESS DATE CONTRACTOR CITY OF PLANTATION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page Ir, 961 INSURANCE REQUIREMENTS SAMPLEDATE(MM/DDIYYYY) 12/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Underwriters Miami, FL 33166 Agent Name NAME: (A/C, No, Ext): (A/C, No): POLICY NUMBER Agent CONTACT INFORMATION NAIC # INSURERA: A INSURED Any -Business 1101 Easy St MIAMI, FL 33131 INSURER B: x INSURER C: INSURER D INSURER E $ 1,000,000 CLAIMS -MADE Per- OCCURX CERTIFICATE NUMBER: NUMBER: REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ISD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY x x EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Per- OCCURX DAMAGE' RENTED PREMISESSEa occurrence $ 100,000 MED EXP (Any one person) $ 55,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO C JECT LO PRODUCTS - COMP/OP AGO $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODI LY I NJURY(Per person) $ INCLUDED ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ INCLUDED AUTOS AUTOS PROPERTY DAMAGE Per accident $ INCLUDED NON -OWNED HIREDAUTOS AUTOS r $ UMBRELLA LIAB xOCCUR CLAIMS- X X EACH OCCURRENCE $ X EXCESS LIAB MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATIONy PER OTH- X C AND EMPLOYERS' LIABILITY Y/�/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEW N/A X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 MEMBER EXC L U D E D? E.L. DISEASE-EAEMPLOYEE $ 1,000,000 (Mandatory in NH) E.L. DISEASE- POLICY LIMIT $ 1,000,000 If ves, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) THE CITY OF PLANTATION SHALL BE LISTED AS CERTIFICATE HOLDER AND ENDORSED AS AN ADDITIONALINSURED FOR LIABILITY. POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAYS WRITTEN NOTICE CANCELLATION TO CERTIFICATE HOLDER. 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT. CONTRACTORS INSURANCE SHALL PROVIDE PRIMARY COVERAGE AND SHALL NOT REQUIRE CONTRIBUTION FROM CERTIFICATE HOLDER. *CONTRACTOR IS RESPONSIBLE FOR ALL DEDUCTIBLES. *FOR WORKERS COMP- WAVIER OF SUBROGATION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 117 962 INSURANCE REQUIREMENTS CERTIFICATE HOLDER CItV OF Plantation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W'1'1'H'THE POLICY PROVISIONS 400 NW 73`d AVENUE AUTHORIZED REPRESENTATIVE - REQUIRED SIGNATURE PLANTATION, FL 33317 ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page IR 963 —qqqq DRUG-FREE WORKPLACE Fill in Farm STATEMENT UNDER SECTION 287.087 FLORIDA STATUES TO BE RETURNED WITH FIRM Preference must be given to FIRMS submitting certification with their bid or proposal, certifying they have a drug- free workplace in accordance with the Florida Statutes, Section 287.087. This requirement affects all public entities of the State and became effective January 1, 1991. Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, proposals, or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are underbid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any convictions of, or plea of guilty or nolo contendere to, any violations of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above measures. As the person authorized to sign this statement, I certify that this company complies with the above requirements. Signature Firm Name Printed Name nate ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 139 964 BID FORM Bidding Company's Name: Address: Phone: Email: To furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: SOLICITATION NAME: Asphalt Rejuvenation Project — Term Contract ITB No. 072-22 City of Plantation TO: City of Plantation 400 NW 73rd Avenue Plantation, FL 33317 The Undersigned BIDDER proposes and agrees if this bid is accepted, to enter an agreement with the CITY to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation. This bid will remain open for ninety (90) days after the day of Bid Opening. A. BIDDER has examined copies of all the Contract Documents and of the following Addenda: (if any addenda have been issued) DATE: ADDENDA NUMBER: (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to Contractors and the Instruction to Bidder. B. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreements or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over CITY. C. BIDDER shall complete/furnish the work/equipment for the following price. It is the CITY'S intent to award a contract to the lowest, responsive, and responsible BIDDER. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 140 965 BID FORM TOTAL BASE BID AMOUNT: Description Per SQ YD Cost Total Cost Standard Specification — Reclamite $ Approximately 615,000 square yards annually construction sealing with $ SY asphalt -rejuvenating agent furnished and applied. Bid Alternate #1 Approximately 615,000 square yards annually construction sealing with $ SY asphalt -rejuvenating agent furnished and applied. GRAND TOTAL: *Prices shall remain firm for ninety (90) days. Safety Data Sheets enclosed? Yes No Specification Sheets/Brochures? Yes No Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. The undersigned also agrees as follows: To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY, and to accept as full compensation therefore, such prices may be agreed upon in writing by the CITY and the BIDDER SUBMITTED ON 20 SIGNATURE OF BIDDER: PRINT NAME: TITLE (if any): ADDRESS: Incorporated under the laws of the State of Florida. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract Page 1 41 PUBLIC RECORDS COMPLIANCE UNDER SECTION 119.0701 FLORIDA STATUTES TO BE RETURNED WITH BID to: The CONTRACTOR hereby certifies that it shall comply with public records laws, specifically (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 AT 954-797-2237,> lantationwor 400 NW 73rd Avenue Plantation, FL 33317 As the person authorized to sign this statement, I certify that this FIRM agrees to comply with the above requirements. CONTRACTOR: By (sign): ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 967 PUBLIC RECORDS Print Name: NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 968 PUBLIC RECORDS NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of member, manager, officer, or agent, title of member, manager, officer or agent), of (name of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 969 SCRUTINIZED COMPANY CERTIFICATION Fill in Farm TO BE RETURNED WITH BID CONTRACTOR Name: CONTRACTOR FEIN: CONTRACTOR Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, FIRM is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Cuba or Syria. The boycott Israel list is created pursuant to 215.4725 and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the undersigned company is not participating in a boycott of Israel, on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY. In addition, FIRM may be subject to civil penalties, attorney's fees, and/or costs. The scrutinized company list is maintained by the State Board of Administration and available at tt p ://www.sb-,tfla.coiii/. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title: Date: *This form is being provided to comply with Florida Statute 287.135. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 1, 970 E -VERIFY FORM CITY OF PLANTATION E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE RETURNED WITH BID Project Name: Project No.: 1. Definitions: "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. 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 subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 971 E -VERIFY FORM Security's E -Verify System during the term of the contract is a condition of the contract with the City of Plantation; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, 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 unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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 1 year after the date of termination. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract page 14 972 E -VERIFY FORM CONTRACTOR: By (sign): Print Name: NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 973 E -VERIFY FORM NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of member, manager, of or agent, title of member, manager, of or agent), of (name of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 14 974 OFFICE OF INSPECTOR GENERAL Fill in Farm COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL TO BE RETURNED WITH BID The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how BIDDERS and vendors (herein, "BIDDERS") are paid. To this end, BIDDER agrees to cooperate with the OIG in the event the BIDDER is contacted by the OIG. Such cooperation shall include, answering any questions that may be posed by the OIG, and allowing the OIG to review and copy any of BIDDER's written material, contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The BIDDER acknowledges and agrees that whatever work or effort is expended by BIDDER in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by the BIDDER to the CITY, and shall never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order. The BIDDER's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the City claiming the BIDDER is in default, and may, if not timely cured, allow the City to terminate this Contract for cause. Unless the BIDDER is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General, BIDDER shall advise CITY, in writing and in the same manner as BIDDER gives the City formal notice under this Contract, each instance, if ever, that the BIDDER is contacted by the OIG, and shall supply the City with information necessary to allow the City to ensure that the BIDDER is fully performing the requirements of this Paragraph. WITNESSES: NAME: NAME: BIDDER: NAME: TITLE: ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 15- 975 OFFICE OF INSPECTOR GENERAL Fill in Form NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 15' OFFICE OF INSPECTOR GENERAL Fill in Farm NOTARY BLOCK FOR A LIMITED LIABILITY COMPANY: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name of member, manager, officer, or agent, title of member, manager, officer or agent), of (name of company acknowledging), a (state or place of formation) limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 15- 977 Bid Checklist and Summary Form To comply with the City of Plantation's solicitation guidelines, this Bid Checklist Summary Form is required for all solicitations exceeding $25,000.00 or more. This form must be signed and included with the bid submittal in addition to the required bid documents of this solicitation. Failure to do so may result in your bid submittal being considered non-responsive. Bidder's Name: Base Bid Total: Date: Plantation Local Business pursuant to Section 2-227 of City's Code: Yes D or No E Disadvantaged Business Enterprise: Yes El or No 0 Submitted Forms: El Non -Collusion Certification Form General Terms and Conditions Form Insurance Requirements El Bid Form References Federal Funding Requirements Drug Free Workplace El Addendums When bidding on an Alternative Product "or equal," bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. Are you submitting an equivalent product: Yes El or No F-1 If Yes, please list the equivalent product(s) below: Signature: Printed Name: ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract Page 15- 978 GENERAL TERMS AND CONDITIONS A. Warrantv The Contractor warrants to the City that materials and equipment furnished under the Agreement will be of good quality and new unless otherwise required or permitted by the City; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the applicable standard construction details and requirements. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty shall be for a period of one (1) year from acceptance by the City and excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. B. Safety Precautions and Programs 1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement. 2. In the event the Contractor encounters on the Project site any material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) that has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the City in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the City and Contractor. 3. The Contractor shall not be required to work in an area on the Project site that contains asbestos or polychlorinated biphenyl (PCB). C. Safety of Persons and Property 1. The Contractor shall take responsible precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: a. employees at the Project site and other persons who may be affected thereby; b. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Subsubcontractors; and c. other property at the Project site or adjacent thereto, such as trees, shrubs, lawns, walks, relocation or replacement in the course of construction ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 979 GENERAL TERMS AND CONDITIONS The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property for their protection from damage, injury or loss. 3. The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 4. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 5. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in this Section caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible except damage or loss attributable to acts or omissions of the City or Consultant or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. When applicable, the Contractor shall designate a responsible member of the Contractor's organization at the Project site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the City and Consultant. 7. The Contractor shall not load or permit any part of the construction site to be loaded so as to endanger its safety. D. Uncoverinu of Work 1. If a portion of the Work is covered contrary to the City's request, it must, if required in writing by the City, be uncovered for the City's inspection and be replaced at the Contractor's expense. E. Correction of Work 1. The Contactor shall promptly, in a technically appropriate time period, correct Work rejected by the City or failing to conform to the applicable standard detail requirements. The Contactor shall bear costs of correcting such rejected work, including additional testing and inspections and compensation for the City services and expenses made necessary thereby. 2. If, within one year after the date of completion of the Work, any of the Work is found to be not in accordance with the standard detail requirements or to have failed, the Contractor shall ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 980 GENERAL TERMS AND CONDITIONS correct it promptly, in a technically appropriate time period, after receipt of written notice from the City unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice after discovery of the condition. The Contractor shall remove from the work/project site portions of the Work that are not in accordance with the Work requirements and are neither corrected by the Contractor nor accepted by the City. If the Contractor fails to correct nonconforming Work within a reasonable time, the City may correct it at the Contractor's expense. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City, the City may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the City may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the City's services and expenses made necessary thereby. If such proceeds of sale do not cover costs, which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the Work requirements. F. Cleaning Up 1. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by Work operations. At completion of the Work the Contractor shall remove from and around the Project site waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 2. If the Contractor fails to clean up as directed, the City may do so and the cost thereof shall be charged to the Contractor. 3. The Contractor shall be responsible for the safe, neat and secure on-site retention of solid waste generated during the course of construction. 4. The Work Site includes the immediate area of the Site, ingress and egress routes through City's property (City Limits). Proper care shall be taken to avoid debris, trash, soil, gravel, rock, liquid or other materials from being deposited on roads or common areas of the City's adjacent property. The Contractor is responsible for providing a method of cleaning and or removing such debris or spillage as part of its Site responsibilities. In the event the City provides the means to clean or remove such debris or spillage from ingress or egress routes, the Contractor will be responsible for reasonable reimbursement to the City. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 981 GENERAL TERMS AND CONDITIONS 5. IF requested by the City, temporary restoration of asphalt pavement and other surfaces disturbed by the work shall occur within 24 hours that work has been completed within the disturbed area. 6. Permanent restoration of paved areas shall not occur prior to repairs being completed, tested for leaks, the construction within the disturbed pavement area has been completed, and inspections approved; but not later than 10 working days after completion of these items. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. 7. If directed by the City, all other areas disturbed by the Work shall be restored, within 10 working days of completion of construction at the Contractor's expense, to a condition equal to or better than that of the surrounding adjacent areas, with materials matching the surrounding adjacent materials. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. G. Project Closeout 1. When Contractor considers the Work to be completed at the end of each Work assignment, Contractor shall submit written certification to the City that the Work is completed and ready for final inspection. Include the following: a. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b. Submit an updated final statement, accounting for final additional changes to the amount approved for the completed Work assignment. H. Final Cleaning 1. Remove any temporary protection and facilities installed for protection of the work area or equipment during general electrical repair work. 2. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. 3. Where extra materials of value remaining after completion of associated Work have become the City's property, arrange for disposition of these materials as directed. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 982 GENERAL TERMS AND CONDITIONS 1. Changes in Quantities 1. The City reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary. J. Permits, Fees and Notices (If Applicable) 1. Permit fees required by the Work shall be eligible for reimbursement by the City to the Contractor upon presentation of receipts by the Contractor. 2. It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration (if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors) working on the project for whom a Certificate of Competency is required. K. Public Construction Bond(s) Contractor may be required to ensure a Public Construction Bond equal to one hundred (100) percent of the authorized work. The unit pricing provided by the Contractor in the bid form shall include the bonding cost. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least "A", Class X, in the latest edition of "Best's Key Rating Guide", published by A.M. Best Company. L. Completion of Work: 1. The Work shall be performed on an as needed basis and completed within the time frames established by the City and the Contractor over the life of the Agreement. M. Contractor Services and Responsibilities 1. The Contractor shall assist the City or City's Representative in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the project. 2. Materials: Unless otherwise specified herein, Contractor shall furnish, pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, startup and proper completion of the Work. Contractor warrants that all materials and equipment shall be of good quality and new, unless otherwise provided in the Bid Documents and that the Work will be free from defects whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Bid Documents. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 983 GENERAL TERMS AND CONDITIONS 3. The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences, and procedures. 4. The Contractor shall keep the City and City's Representative (if applicable) informed of the progress and quality of the Work. If requested in writing by the City, the Contractor, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Bid Documents and shall decide, subject to determination by the Architect or Engineer (if applicable), subject to demand for arbitration, claims, disputes and other matters in question relating to performance thereunder by both City and Contractor. Such interpretations and decisions shall be in writing, shall not be presumed to be correct, and shall be given such weight as the arbitrator(s) or the court shall determine. 6. The Contractor shall correct Work which does not conform to the Bid Documents. Contractor shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. City shall not be responsible for monitoring Contractor's compliance with any laws and regulations. Contractor shall promptly notify City if the Bid Documents are observed by Contractor to be at variance therewith. 8. The Contractor shall pay royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the City harmless from loss on account thereof, except that the City shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by the City. However, if the Contractor has reason to believe the use of a required design process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly given to the City. The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of Contract with the Contractor to perform a portion of the Work, including their agents and employees. 10. The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operation. At the completion of the Work, the Contractor shall remove from the project site the Contractor's tools, construction equipment, machinery, surplus materials, waste materials, and rubbish. l l . The Contractor shall prepare Change Orders for the City or City Representative's approval and execution in accordance with this Agreement and shall have authority to make minor changes in the design and construction consistent with the intent of this Agreement not involving an adjustment in the contract sum or an extension of the contract time. The Contractor shall promptly inform the City or City's Representative in writing, of minor changes in the design and construction. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 984 GENERAL TERMS AND CONDITIONS 12. The Contractor shall notify the City or City's Representative when the Work or an agreed upon portion thereof is substantially completed by issuing a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work and insurance; shall include a list of items to be completed or corrected; and shall fix the time within which the Contractor shall complete items listed therein. 13. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying Contractor's best skill, attention and expertise. Contractor shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures of construction. Contractor shall be responsible to see that the finished Work complies accurately with the Bid Documents. 14. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with Contractor. Nothing in the Bid Documents shall create any Contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Bid Documents for the benefit of City. 15. Contractor shall obtain and pay for all permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary. 16. Within seven (7) calendar days after execution of the Contract and in any event prior to the commencement of any Work hereunder, Contractor shall furnish, in writing to City, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. City shall advise Contractor, in writing, of any proposed person or entity to which City has a reasonable objection. Failure of City to reply promptly shall constitute notice of no reasonable objection. Contractor shall not contract with a proposed person or entity to whom City has made a reasonable and timely objection. if City has reasonable objection to a person or entity proposed by Contractor, Contractor shall propose another to whom City has no reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if City makes reasonable objection to such change. 17. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons for whose acts any of them may be liable and any other ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 985 GENERAL TERMS AND CONDITIONS persons and organizations performing or furnishing of the Work under a direct or indirect contract with Contractor. Nothing in the Contract Documents shall create any contractual relationship between City and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 18. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. N. Risk of Loss; Title: The risk of loss, injury, or destruction shall be on Contractor until acceptance of the Work by City. Title to the Work shall pass to City upon acceptance of the Work by City. O. Use of Premises: Contractor shall confine equipment, the storage of materials and equipment and the operations of Workers to the project site and areas identified in and permitted by the Bid Documents and shall not unreasonably encumber the premises with equipment or other materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against City by any such occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this document specifically applies to claims arising out of Contractor's use of the premises. During the progress of the Work, Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, appliances, equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition all property not designated for alteration by the Bid Documents. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. P. Access to Work: Contractor shall provide City, City's consultants, representatives and personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and programs so that they may comply therewith. Q Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Bid Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 986 GENERAL TERMS AND CONDITIONS R. Work by City or City's Contractors 1. The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. If the Contractor claims that delay or additional cost is involved because of such action by the City, the Contractor shall make such claims to the City or City's Representative in writing. 2. The Contractor shall afford the City's separate contractors' reasonable opportunity for introduction and storage of their materials and equipment for execution of their Work. The Contractor shall incorporate and coordinate the Contractor's Work with the Work of the City's separate contractors as required by the Bid Documents. 3. Costs caused by defective or ill-timed Work shall be borne by the party responsible. END OF SECTION ITB No. 072-22; Asphalt Rejuvenation Project— Term Contract. 987 AGREEMENT Agreement By and Between City of Plantation [CONTRACTOR'S NAME] for Asphalt Rejuvenation Project — Term Contract Agreement No. 072-22 1. PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this day of 12022 by and between the CITY OF PLANTATION, a Florida Municipal Corporation with its principal place of business at 400 NW 73 AVENUE PLANTATION, FL 33317, ("City') and [CONTRACTOR'S NAME], a [INSERT BUSINESS TYPE] with its principal place of business at [INSERT ADDRESS] ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. The Contractor shall timely complete the required services to the City as set forth in the tenns and conditions in this Agreement. The Contractor represents that it is experienced in providing the [INSERT SERVICE] to public clients, is licensed and authorized to do business in the State of Florida, and is familiar with the requirements of the City. 2.2 Service The City desires to engage the Contractor to provide [INSERT SERVICE]. The Contractor represents and warrants that it is able to satisfactorily provide the service according to the Scope of Services, which are incorporated herein by reference as Exhibit "A". The following Exhibits referenced herein are hereby incorporated into this Agreement- Exhibit "A" Scope of Services, Exhibit "B" documentation required by the City submitted by the Contractor during the solicitation period prior to Notice of Award, Exhibit "C" Front -End Documents, Exhibit "D" Insurance Requirements, Exhibit "E" Rates, Exhibit "F" General Terms and Conditions, Exhibit "G" Addenda. 2.3 Procurement The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Asphalt Rejuvenation Project — Term Contract The City of Plantation received [NUMBER] () bid responses from Contractors stating they can perform/provide the aforementioned service. The City of Plantation found [CONTRACTOR'S NAME] the lowest responsive, responsible bidder and presented the recommendation of approval to the City Council for execution of an agreement. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 988 AGREEMENT The City of Plantation City Council approved the execution of an agreement Asphalt Rejuvenation Project — Tenn Contract on Consent Agenda Item No. [ ] on [ DATE]. 3. TERMS. 3.1 Term. A. The initial agreement period shall be for one (1) year, commencing April 4, 2022 and expiring on April 3, 2023. In addition, the City reserves the right to extend this Agreement for four (4) additional one (1) year renewal periods, provided the Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. Prices shall remain firm and fixed for the initial term of the Agreement. 3.2 Responsibilities of Contractor. A Payment. Payment for work shall be authorized upon completion of all work specified in "Scope of Services" of this specification. Invoices will be subject to verification and approval by the department requesting the service. Each invoice shall be submitted in increments not greater than thirty (30) days. All invoices are required to be submitted within three (3) months, if invoices are not submitted within three (3) months, the City reserves the right not to pay due to delinquency. B. Contractor's Compensation. At the completion of services, the Contractor shall receive a compensation of the prices listed below and further specified in Exhibit C. Rates: Description Grand Total C. Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the Term. Any additional personnel performing the Services on behalf of Contractor shall also not be employees of City and shall at all times be under the Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. D. Control and Payment of Subcontractors. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of this Agreement for the benefit of the City. The Contractor shall be responsible for the payments to any Subcontractors, including any professional fees, or Suppliers and additional costs within 14 calendar days of City's payment to Contractor. The City ITB No. 072-22; Asphalt Rejuvenation Project — Tenn Contract 989 AGREEMENT shall not be responsible for any payments to Subcontractors or Suppliers. The City shall not be billed directly or indirectly for any professional fees or additional costs of the Subcontractors for the Project. E. Schedule of Services. Contractor shall perforin the Services expeditiously, within the Term, and in accordance with the Scope of Services set forth in Exhibit "A". Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate the Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Scope of Services. E Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. G. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. H Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times. I Standard of Care; Performance of Employees. Contractor shall perforin all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Florida. Contractor represents and warrants that it is skilled in the professional calling necessary to perform the Services. Contractor represents and warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents and warrants that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the Term. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its Subcontractor who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perforin the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. J. Excusable Delays. Neither Party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 990 AGREEMENT Notwithstanding the foregoing, the City shall have no obligation to compensate Contractor for any Service that Contractor fails to perform, or otherwise has not performed. K Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Contractor warrants that it shall perform the Services in compliance with all applicable Federal and Florida employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. i. Equal Opportunity Employment. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any Subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. L. Insurance. i. Time for Compliance. Contractor shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit "D". In addition, Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit "D". M Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. N. Accounting Records. Contractor shall maintain complete and accurate ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 991 AGREEMENT records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 3.3 Termination of Agreement. A. For Convenience. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if Contractor avails itself of the Dispute Resolution process set forth below in subsection 3.6C. B. For Cause. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may, but is not obligated to, provide Contractor with an opportunity to cure any breach prior to the effective date of any termination for cause. The Contractor may not terminate this Agreement except upon a breach by the City, which is not cured upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the Contractor shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining unperformed parts of this Agreement, and for that portion (if any) of the Contractor's performance which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable compensation for the Contractors' performance of Services rendered to the satisfaction of the City). Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection 3.6C, then the City may not terminate this Agreement for Cause until the conclusion of the Dispute Resolution process. C. Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services. Contractor shall be required to provide such documents and other information within 21 calendar days of the request. E. Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated. 3.4 Ownership of Materials and Confidentiality. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 992 AGREEMENT A. Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data in any form, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). All Documents & Data shall be and remains the property of City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within 21 calendar days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of 15 years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Contractor shall notify City and provide City with the opportunity to obtain the Documents & Data. B. SubContractors. Contractor shall require all SubContractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the SubContractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its SubContractors, or those provided to Contractor by the City. C. Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor's seal from the Documents & Data. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a party for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor. D. Indemnification. Contractor shall defend, indemnify and hold the City, its, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City the Documents & Data, including any method, process, product, or concept specified or depicted. This subparagraph shall survive termination or expiration of this Agreement. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 993 AGREEMENT E Confidentiality. To the maximum extent permitted by law, all Documents & Data, either created by or provided to Contractor in connection with the performance of this Agreement, shall be held confidential by Contractor. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Contractor for any purposes other than the performance of the Services. To the maximum extent permitted by law, Contractor shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor that is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5 General Provisions. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address (physical or electronic) as the respective Parties may provide in writing for this purpose: Contractor: City: Email: Mayor Lynn Stoner 400 NW 73rd Avenue Plantation, FL 33317 With copies to: Jason Nunemaker Chief Administrative Officer 400 NW 73rd Avenue Plantation, FL 33317 Kerry L. Ezrol, City Attorney Goren Cherof, Doody & Ezrol, P.A. 3099 E Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 Such notice shall be deemed made when personally delivered, or, if mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 994 AGREEMENT i. Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, contractors, or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due, be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notices from the City, fails to make any payment due hereunder to the City, Contractor shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from Contractor. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. Agreement. iv. This paragraph shall survive termination or expiration of this C. Dispute Resolution i. In the event that any dispute between the City and the Contractor concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by the Contractor to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of the Contractor) request for a determination. The decision ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 995 AGREEMENT shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial determination in accordance with the provisions set forth below in subsection 3.61). ii. No later than 10 calendar Days after the Contractor's receipt of the City's determination, the Contractor shall respond to the City in writing, either accepting the determination or stating the Contractor's factual or legal objection to the determination. If the Contractor's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, the Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends to seek judicial determination of a matter decided by the City, the Contractor shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, the Contractor shall continue to perform the Services required under this Agreement during this resolution period, including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If the Contractor complies with the City's written determination, the City shall continue to perform under this Agreement and make all payments due (other than those or the portions of payments in dispute, if any) during the resolution period. This payment provision shall not apply in the event that the Contractor fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute, or a waiver of its rights under this Agreement or at Law. D. Governing Law; Judicial Review; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Broward County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward or the Federal District Court with subject matter jurisdiction and encompassing the County of Broward, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. E Time of Essence. Time is of the essence for each and every provision of this Agreement. F. City's Right to Employ Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. G. Successors and Assigns, This Agreement shall be binding on the successors and assigns of the Parties. K Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. I Construction; References; Captions. Since the Parties or their agents have ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 996 AGREEMENT participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and SubContractors of Contractor, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. I Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. K Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. L. No Third Party Beneficiaries. Except to the extent expressly provided for in this subsection, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. The City has three dependent districts (Plantation Midtown Development District, Plantation Gateway, and the City of Plantation Community Redevelopment Agency) hereinafter "Districts", all of which have the power to execute contracts, and all of which are served by City personnel for the purpose of Administration. Such Districts shall be intended third Party beneficiaries and shall be able to enforce the terms hereof for any Serves provided on behalf of the Districts. M. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. N. Prohibited Interests. The Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest directly or indirectly in this Agreement or the compensation to be paid under it, and further, that no City employee who acts in the City as a "purchasing agent" as defined by § 112.312(20), Florida Statutes, as amended, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer, director, or proprietor of the Contractors, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractors. Material interest means direct or indirect ownership of more than Five Percent (5%) of the total assets or capital stock of the Contractors. O. Conflicts of Interest. Contractor covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with City. Contractor further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed, any such interests, on the part of Contractor or its employees, must be disclosed in writing to City. Contractor is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues, as amended, and agrees that it will fully comply in all respects with the terms of said laws. Contractor warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by City any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 997 AGREEMENT P. Convicted Vendor List. Contractor represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. Contractor acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a Contractor, supplier, SubContractor or Contractor under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Q. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. R Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. S. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original, -and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. T. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 998 AGREEMENT IN WITNESS WHEREOF, CITY OF PLANTATION AND [CONTRACTOR'S NAME] have signed this Agreement in duplicate. One counterpart each has been delivered to the City and Contractor. Attest: April Beggerow, City Clerk STATE OF FLORIDA COUNTY OF BROWARD CITY OF PLANTATION : Lynn Stoner, Mayor As to legal form: Kerry L Ezrol, City Attorney As to Procurement: Charles Spencer, Procurement Director THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2022, by Lynn Stoner, as Mayor of the City of Plantation, a Florida municipal corporation, on behalf of the municipal corporation. She is personally known to me or has produced as identification. My commission expires: Signed, Sealed in the presence of- Witness: £ LN Witness: Typed name of Witness STATE OF K1111011 aml NOTARY PUBLIC [CONTRACTOR'S NAME] , President The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by , as , a Virgini Limited Liability Company, on behalf of the company. They are personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project — Term Contract 999 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Proposed Ordinance No. 24-001- Second Reading- An ordinance of the City of Boynton Beach, Florida, amending Ordinance 02-013 to rezone a parcel of land described herein and commonly referred to as the Pulte Cottage District from single and two-family residential (r-2) to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. Requested Action: Approve Proposed Ordinance No. 24-001 on Second Reading. Explanation of Request: The Pulte Cottage District development is proposed for 4.63 acres located within the Heart of Boynton as defined by the CRA Community Redevelopment Plan (CRA Plan). The project site is an assemblage of twenty (20) parcels. The parcels are classified as Medium Density Residential (MDR) land use, allowing a maximum density of 11 dwelling units per acre (du/ac) and zoned Single and Two -Family Residential (R-2). The applicant has requested to rezone the parcels to Infill Planned Unit Development (IPUD), a zoning designation corresponding to the MDR future land use classification. The requested zoning district allows a maximum density of that of the underlying future land use classification (11 du/ac). The applicant proposes to develop a planned -unit development with 41 dwelling units, consisting of 19 detached single-family homes and 22 townhomes. The townhomes will flank a new street proposed within the development, with the single-family homes fronting the existing rights-of-way of NE 5th Avenue, NE 4th Avenue, and NE 1st Street (Exhibit F — Site Plan and Master Plan). The project will be a workforce housing project with a proposed density of 8.86 du/ac, which complies with the underlying Future Land Use density (11 du/ac). How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Ordinance 24-001 Pulte_Cottage_District_-_Rezone.docx Staff Report Exhibit A - Location Map Exhibit B - Existing Zoning Exhibit C - Proposed Zoning 1000 Exhibit D - Justification Statement Exhibit E - Master Plan Business-impact-esti mate. pdf 1001 1 ORDINANCE NO. 24-001 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND 5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS THE PULTE 6 COTTAGE DISTRICT FROM SINGLE AND TWO-FAMILY RESIDENTIAL (R- 7 2) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the applicant has requested to rezone the parcels to Infill Planned Unit 13 Development (IPUD), a zoning designation corresponding to the MDR future land use 14 classification; and 15 WHEREAS, the City Commission conducted public hearings as required by law, heard 16 testimony, and received evidence that the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said 19 City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from Single 25 and Two -Family Residential (R-2) to Infill Planned Unit Development (IPUD). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 29 Parcel 1: 30 Lot 1, Block 1, Sunny -Side Estates, according to the plat thereof as recorded in Plat 31 Book 26, Page 16, Public Records of Palm Beach County, Florida. 32 Parcel 2: 33 Lot 2 and the West 24.00 feet of Lot 3, Block 1, Sunny -Side Estates, according to the 34 plat thereof as recorded in Plat Book 26, Page 16, Public Records of Palm Beach 35 County, Florida. 1 C:AUsers\EASYPD---1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\�iBBCL@E40AEB7F\tu,BCL@E40AEB7F.Docx 1002 36 Parcel 3: 37 Lot 3, less the West 24.00 feet thereof, and the West 48.00 feet of Lot 4, Block 1, 38 Sunny -Side Estates, according to the plat thereof as recorded in Plat Book 26, Page 39 16, Public Records of Palm Beach County, Florida. 40 Parcel 4: 41 Lot 4, less the West 48.00 feet thereof, all of Lot 5 and the West 12.00 feet of Lot 6, 42 Block 1, Sunny -Side Estates, according to the plat thereof as recorded in Plat Book 43 26, Page 16, Public Records of Palm Beach County, Florida. 44 Parcel 5: 45 Lot 6, less the West 12.00 feet thereof and the West 36.00 feet of Lot 7, Block 1, 46 Sunny -Side Estates, according to the plat thereof as recorded in Plat Book 26, Page 47 16, Public Records of Palm Beach County, Florida. 48 Parcel 6: 49 Lot 7, less the West 36.00 feet thereof and all of Lot 8, Block 1, Sunny -Side Estates, 50 according to the plat thereof as recorded in Plat Book 26, Page 16, Public Records of 51 Palm Beach County, Florida. 52 Parcel 7: 53 The North 100 feet of Lot 1, Block 3, Shepard Addition to Boynton, according to the 54 plat thereof as recorded in Plat Book 2, Page 59, Public Records of Palm Beach 55 County, Florida. 56 Parcel 8: 57 The North 65 feet of the South 140 feet of Lot 1, Block 3, Shepard Addition to 58 Boynton, according to the plat thereof as recorded in Plat Book 2, Page 59, Public 59 Records of Palm Beach County, Florida. 60 Parcel 9: 61 The North 60 feet of the South 200 feet of Lot 1, Block 3, Shepard Addition to 62 Boynton, according to the plat thereof as recorded in Plat Book 2, Page 59, Public 63 Records of Palm Beach County, Florida. 64 Parcel 10: 65 The South 75 feet of Lot 1, Block 3, Shepard Addition to Boynton, according to the 66 plat thereof as recorded in Plat Book 2, Page 59, Public Records of Palm Beach 67 County, Florida. 68 Parcel 11: 69 Lot 2, Block 3, Shepard Addition to Boynton, according to the plat thereof as 70 recorded in Plat Book 2, Page 59, Public Records of Palm Beach County, Florida. 71 Parcel 12: 72 The Northeast 1/4 of Lot 3, Block 3, Shepard Addition to Boynton, according to the 73 plat thereof as recorded in Plat Book 2, Page 59, Public Records of Palm Beach 74 County, Florida. 75 Parcel 13: 76 The North 140 feet of Lot 5 (less the West 20 feet thereof), the North 140 feet of the 77 West one-half of Lot 3 and the North 140 feet of the East 2S feet and the North 140 78 feet of the West 75 feet of Lot 4, Block 3, Shepard Addition to Boynton, according to 79 the plat thereof as recorded in Plat Book 2, Page 59, Public Records of Palm Beach 80 County, Florida. 2 C:AUsers\EASYPD---1\Appdata\Local\Temp\BCL Technologies\EasypH 8\�iBBCL@E40AEB7F\tu,BCL@E40AEB7F.Docx 1003 81 Parcel 14: 82 The South 160 feet of the West one-half of Lot 3 and the South 160 feet of the East 83 25 feet of Lot 4, Block 3, Shepard Addition to Boynton, according to the plat thereof 84 as recorded in Plat Book 2, Page 59, Public Records of Palm Beach County, Florida. 85 Parcel 15: 86 The West 75 feet of Lot 4, less the North 140 feet thereof, Block 3, Shepard Addition 87 to Boynton, according to the plat thereof as recorded in Plat Book 2, Page 59, Public 88 Records of Palm Beach County, Florida. 89 Parcel 16: 90 The South 25 feet of Lot 7 and the North 25 feet of Lot 8, Block 3, Shepard Addition 91 to Boynton, according to the plat thereof as recorded in Plat Book 2, Page 59, Public 92 Records of Palm Beach County, Florida. 93 Parcel 17: 94 The South 75 feet of Lot 8, less the West 35 feet and exterior curve area road right 95 of way, Block 3, Shepard Addition to Boynton, according to the plat thereof as 96 recorded in Plat Book 2, Page 59, Public Records of Palm Beach County, Florida. 97 Parcel 18: 98 Lot 5, Block 3, Shepard Addition to Boynton, according to the plat thereof as 99 recorded in Plat Book 2, Page 59, Public Records of Palm Beach County, Florida. Less 100 the North 140 feet of the East 80 feet of said Lot; and Less the North 175 feet of the 101 West 20 feet of said Lot; and Less the South 100 feet of the East 50 feet of said Lot. 102 Parcel 19: 103 The Southeast 1/4 of Lot 3, Block 3, Shepard Addition to Boynton, according to the 104 plat thereof as recorded in Plat Book 2, Page 59, Public Records of Palm Beach 105 County, Florida. 106 Parcel 20: 107 The East 50 feet of the South 100 feet of Lot 5, Block 3, Shepard Addition to Boynton, 108 according to the plat thereof as recorded in Plat Book 2, Page 59, Public Records of 109 Palm Beach C 110 PARCEL 21: 111 A PORTION OF THAT ABANDONED 15 FOOT WIDE ALLEY RUNNING EAST/WEST 112 FROM SEACREST BOULEVARD TO NE 1ST STREET, ABANDONED BY ORDINANCE NO. 113 18-028 AND RECORDED IN OFFICIAL RECORDS BOOK 30320, PAGE 662 OF THE 114 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID ALLEY LYING 115 CONTIGUOUS TO THE NORTH LINE OF BLOCK 3, SHEPARD ADDITION TO 116 BOYNTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, 117 PAGE 59, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND 118 CONTIGUOUS TO THE SOUTH LINE OF BLOCK 1, SUNNY-SIDE ESTATES, ACCORDING 119 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 16, OF THE PUBLIC 120 RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: 121 BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF 122 THE EAST 10 FEET OF LOT 1, BLOCK 3 OF SHEPARD ADDITION TO BOYNTON; 123 BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID 15 FOOT ALLEY, ALSO 124 BEING THE NORTH LINE OF BLOCK 3 OF SAID SHEPARD ADDITION TO BOYNTON; 3 C:AUsers\EASYPD---I\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@E40AEB7F\CuBCL@E40AEB7F.Docx 1004 125 BOUNDED ON THE WEST THE NORTHERLY EXTENSION OF THE EAST LINE OF THE 126 WEST 20 FEET OF LOT 5, BLOCK 3 OF SAID SHEPARD ADDITION TO BOYNTON; AND 127 BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID 15 FOOT ALLEY, ALSO 128 BEING THE SOUTH LINE OF SAID BLOCK 1, SUNNY-SIDE ESTATES. 129 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, 130 FLORIDA, AND CONTAINING 189,290 SQUARE FEET OR 4.346 ACRES, MORE OR 131 LESS. 132 133 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 134 accordingly. 135 Section 4. Severability. If any clause, section, or other part of this Ordinance shall 136 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 137 unconstitutional or invalid part shall be considered eliminated and in no way affect the validity 138 of the other provisions of this Ordinance. 139 Section 5. Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 140 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 141 conflict. 142 Section 6. Effective Date. That this Ordinance shall take effect immediately upon 143 passage. 144 FIRST READING this 16th day of January 2024. 145 146 4 C:AUsers\EASYPD---I\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@E40AEB7F\CuBCL@E40AEB7F.Docx 1005 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 SECOND, FINAL READING and PASSAGE this day of February 2024. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney NO 5 C:AUsers\EASYPD---I\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@E40AEB7F\CuBCL@E40AEB7F.Docx 1006 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-035 STAFF REPORT TO: City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, AICP, LEED Green Associate Senior Planner DATE: January 16, 2024 PROJECT: Pulte Cottage District (Rezoning, REZN-2023.06.4139) REQUEST: Approval of Pulte Cottage District Rezoning (REZN-2023.06.4139) from Single and Two -Family Residential (R-2) to Infill Planned Unit Development (IPUD) with a master plan for 19 single-family units and 22 townhome units. PROJECT DESCRIPTION Property Owners: Boynton Beach Community Redevelopment Agency Applicant: Amiee Carlson, Pulte Group Agents: Matthew Barnes, WGI, Inc. Location: Generally located between NE 5th Avenue and NE 4th Avenue, and between Seacrest Boulevard and NE 1St Street Existing Land Use/ Zoning: Medium Density Residential (MEDR) / Single and Two -Family Residential (R-2) Proposed Land Use/ Zoning: Medium Density Residential (MEDR) / Infill Planned Unit Development (IPUD) Proposed Use: 41 fee -simple dwelling units, consisting of 19 detached single-family homes and 22 townhomes Acreage: 4.63 acres 1007 Pulte Cottage District Rezoning (REZN-2023.06.4139) Memorandum No PZ 23-035 Page 2 Adjacent Uses: North: Right-of-way of NE 5t" Ave, then further north, detached single- family homes and a child-care center classified Medium Density Residential (MDR) land use and zoned Single and Two -Family Residential (R-2); South: Right-of-way of NE 4t" Ave, then detached single-family homes, classified MDR land use and zoned R-2; East: Right-of-way of NE 1St St, then mixture of duplex and single- family homes, classified MDR land use and zoned R-2; West: Single -Family homes classified MDR land use and zoned R-2, then right-of-way of Seacrest Blvd, then single-family homes, classified LDR land use and zoned Single -Family Residential (R-1). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The Pulte Cottage District development is proposed for 4.63 acres located within the Heart of Boynton as defined by the CRA Community Redevelopment Plan (CRA Plan). The project site is an assemblage of twenty (20) parcels. The parcels are classified as Medium Density Residential (MDR) land use allowing a maximum density of 11 dwelling units per acre (du/ac), and zoned Single and Two -Family Residential (R-2). The applicant has requested to rezone the parcels to Infill Planned Unit Development (IPUD), a zoning designation corresponding to the MDR future land use classification. The requested zoning district allows a maximum density of that of the underlying future land use classification (11 du/ac). The applicant proposes to develop a planned -unit development with 41 dwelling units, consisting of 19 detached single-family homes and 22 townhomes. The townhomes will flank a new street proposed within the development, with the single-family homes fronting the existing rights-of-way of NE 5t" Avenue, NE 4t" Avenue, and NE 1St Street (Exhibit F — Site Plan and Master Plan). The project will be a workforce housing project with a proposed density of 8.86 du/ac, which complies with the underlying Future Land Use density (11 du/ac). REVIEW BASED ON CRITERIA C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOA748C\GBCLGECOA748C.doc 2 1008 Pulte Cottage District Rezoning (REZN-2023.06.4139) Memorandum No PZ 23-035 Page 3 The criteria used to review rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed project includes a rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the city's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The CRA Plan's vision calls for the Heart of Boynton to "become a model neighborhood, with its unique character and history preserved". The proposed plans provide for a diversity of housing options similar to those found within the Heart of Boynton neighborhood. Furthermore, this project is specifically mentioned within the CRA plan, and the development of this project will result in the direct materialization of the plan. b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city - approved planning documents. The Proposed IPUD zoning district is consistent with the City's Comprehensive Plan, and implements a project recommendation within the 2016 CRA Plan. The IPUD zoning district is intended to implement the existing density established within the MDR future land use classification. The rezoning is also consistent with the following Comprehensive Plan objectives and policies: Objective 1.7 The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Objective 1.11 The City shall promote the development of a variety of rental and owner -occupied, single- and multi -family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi -family, manufactured and mobile dwellings and group homes. Policy 1.11.2 The City shall continue to maintain and improve the existing single-family and lower -density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. Objective 1.12 The City shall continue to encourage the provision of workforce housing to C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\CBCL@ECOA748C\GBCLGECOA748C.doc 3 1009 Pulte Cottage District Rezoning (REZN-2023.06.4139) Memorandum No PZ 23-035 Page 4 maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. c. Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. The proposed master plan, accompanied with the subject rezoning, would be compatible in density, scale and character with the surrounding neighborhood. The density within the proposed master plan is less than the maximum density allowed by the existing MDR future land use, and the subject rezoning directly implements a master plan which was envisioned within the CRA Plan. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. As stated in the responses for criteria "b" and "c" above, the proposed rezoning is consistent with the CRA Plan and Comprehensive Plan. The existing parcels at the subject site consist of varying sizes and shapes which did not allow for orderly development or create a favorable development site. The proposed IPUD rezoning requires a master plan, which will redraw parcels into a unified develoment allowing for a more orderly growth than that which currently exists. e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. See the response to criterion "c" and "d" above. The proposed amendment to the zoning map is consistent with the vision of the Heart of Boynton District embedded in the CRA Plan. The single-family homes are oriented toward the existing street network, promoting the project to be compatible with the existing neighboring single-family homes. In addition, a new 40' right-of-way, proposed through the project site connecting NE 5th Avenue and NE 4th Avenue, will provide direct access to the street network for the properties located within the interior of the project site. Furthermore, the project is located immediately off Seacrest Blvd, with access to Palm Tran routes 70, which provides the residents of the community with a connection to the existing county -wide bus network. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOA748C\GBCLGECOA748C.doc 4 1010 Pulte Cottage District Rezoning (REZN-2023.06.4139) Memorandum No PZ 23-035 Page 5 Chapter 1, Article Vl Concurrency. This request is for rezoning only. The long-term capacity availability for potable water, sewer, and solid waste was reviewed when the property was reclassified to the Medium Density Residential (MDR) land use. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 338 new daily trips, 22 new am peak hour trips and 29 new pm peak hour trips. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project meets the TPS of Palm Beach County. The School Capacity Availability Determination (SCAD) letter provided by the PBC School District determined that the project will not negatively impact the school district. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: a. Create new employment opportunities; b. Contribute to the enhancement and diversification of the city's tax base; c. Respond to the current or anticipated market demand or community needs; or d. Alleviate economic obsolescence of the subject area. The proposed rezoning would not represent a decrease in the possible intensity of development, nor would it represent a decrease in the number of uses with high probable economic development benefits. The proposed project generates economic development benefits by developing vacant parcels to provide an attainable and diverse housing stock, and by improving the existing streets near the project site, which have the potential to enhance the quality of life of the community. The direct impact on job generation would not be significant as there are no commercial or industrial uses as part of this proposal; however, there will be indirect effects through increased demand for nearby businesses. The project provides for workforce housing units at an attainable price -point. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOA748C\GBCLGECOA748C.doc 5 1011 Pulte Cottage District Rezoning (REZN-2023.06.4139) Memorandum No PZ 23-035 Page 6 for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph above. The subject property is currently classified as Medium Density Residential (MDR) land use. The proposed rezoning corresponds to the MDR land use classification and is consistent with the Goals, Objectives, and Policies set for the Future Lan Use elements of the City's Comprehensive Plan. RECOMMENDATION Staff has reviewed the proposed rezoning and recommends APPROVAL of the Pulte Cottage District rezoning (REZN-2023.06.4139) based on the findings that the project implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. C:AUsers\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@EC0A748C\GBCLGECOA748C.doc 6 1012 1013 1014 1015 JUSTIFICATION STATEMENT Pulte Cottage District Rezoning Application Initial Submittal: June 7th 2023 First Resubmittal: August 15th, 2023 Second Resubmittal: October 25th, 2023; Third Resubmittal: December 6th, 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Rezoning of the property from the R-2 Single and Two-family residential district to the Infill Planned Unit Development (IPUD) district. 2) Workforce Housing Code Waiver for relief from the Sustainable Development Standards in order to facilitate 100% workforce housing. The requests above are being sought for the subject site in order to allow for the development of 19 fee -simple single-family homes and 22 fee -simple multi -family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing, Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the "Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. The map below shows the general location of the Property with respect to the overall area. Figure 1. Property Location Map. << ', ` t ,„Jr, L; ,, ;I L _Q411 ' , I % l 22/, () W Ilirnr ,,/,oi 1016 i See table below for full parcel list of the whole property. Parcef Number Addre'88= 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1 ST ST 08434521290030012 511 NE 1ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Prc ert SII above 4 Ocre,8 The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max) and R -1A Single Family Residential (6 du/ac max) with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Rezoning Application December 61", 2023 1017 i PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi -family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi -family townhomes, all being fee -simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north -south private street, with two of the four townhome buildings having their sides facing NE 5t" Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. Workforce Housing One of the core tenets of the proposed project is to provide fee -simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee -simple workforce housing units. The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to $189,630.00 using the county's 2022 rates. The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and so that all of the Moderate 1 income units will be single-family homes. This corresponds to 22 fee simple low-income units and 19 fee -simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore, the proposed infill and redevelopment of the property furthers the sustainability and resource management components of the IPUD district, as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Pulte Cottage District Rezoning Application December 61", 2023 1018 i Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years." Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock." The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: "The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On 5/17/2023, The Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach" and authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single-family and two-family homes. Please see the map below showing the overall change on the property for the last 17 years. Pulte Cottage District Rezoning Application December 61", 2023 1019 i Figure 2. Historical Aerials of the Property REVIEW CRITERIA FOR REZONING The City of Boynton Beach requires that all petitions for rezoning are reviewed based upon the following factors, a- h below. Applicant has provided responses to each of the standards below. a) Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. Response: The proposed rezoning of the Property to IPUD directly supports the housing needs of Boynton Beach. According to the 2017 Boynton Beach Housing Study, the demand for housing in Boynton Beach exceeds the supply. The 2017 Study goes further to state: "Additional opportunities for new housing will be required to accommodate the growth over the next 5 years and beyond." The need for housing in Boynton Beach qualifies as a clear demonstration of need for the proposed project. Furthermore, the 2017 Study goes on to state that the "strongest household income growth is in the under $50K group, and the second strongest is in the $50K -$100K group. Much of the new housing in Boynton Beach will need to be attainable for these households." The proposed project directly meets this projected need by providing housing units limited to those making between $54,180.00 and $90,300.00. b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current City -approved planning documents. Response: The proposed rezoning of the Property from R2 to IPUD is supported by the Comprehensive Plan, the 2016 BBCRA Redevelopment Plan, and by the 2017 Boynton Beach Housing Study. • Comprehensive Plan Consistency: The proposed project and rezoning furthers and supports Objectives 1.11, 1.12, 1.7, and 1.8 of the Future Land Use Element of the Comprehensive Plan. Pulte Cottage District Rezoning Application December 61", 2023 1020 i o Objective 1. 11 states that the City shall "promote the development of a variety of rental and owner -occupied, single- and multi -family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts." The proposed project is proposing a variety of housing types that will enhance the local community and residential neighborhood. o Objective 1.12 states "The City shall continue to encourage the provision of workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area." The proposed project is 100% workforce housing, further diversified by income level and unit types. o Objective 1.7 states "The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area." The proposed project is strongly aligned with the BBCRA's Plan for the Heart of Boynton District. A variation of the proposed project is directly referenced within the BBCRA Plan. o Objective 1.8 states "The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services." The proposed project furthers Objective 1.8 by because it is an infill residential development that reuses available vacant land that is already served with infrastructure for housing. 2016 BBCRA Redevelopment Plan Consistency o The proposed rezoning of the Property is consistent with the 2016 BBCRA Redevelopment Plan, as a variation of the proposed project is included within the long-term planning goals of the 2016 Plan. Referenced within the 2016 Plan as the "Cottage District", the proposed project aligns with the BBCRA's vision to provide needed housing that complements the community and nature of the surrounding neighborhood. 2017 Boynton Beach Housing Study o The proposed rezoning of the Property is consistent with the findings of the 2017 Boynton Beach Housing Study. The 2017 Study identified that Boynton Beach is in a deficit for new housing supply, where demand for new homes is projected to exceed supply unless supply is increased. Moreover, the 2017 Study goes further to state that lower income levels are specifically in high need for housing supply. To this end, the proposed project will have residential units limited to those earning between the Low and Moderate 1 Palm Beach County household income levels. c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: The proposed zoning district and development program are compatible with the surrounding uses in terms of density, scale, and nature of use. 1) First, the proposed density of the project is 8.86 units per acre. This is both less than the maximum density allowed by the current zoning designation (R2: 10 units per acre max) and less than the maximum density allowed by the current future land use designation (MEDR: 11 units per acre max). 2) Second, the surrounding residential homes (along NE 41h Ave, NE 1St Street, and NE 51h Ave) are all zoned as R2 districts with a future land use designation of MEDR. The future land use designation of the site and the adjacent residential homes are to remain the same, and as such the maximum density of the site and surrounding homes will remain at 11 units per acre. 3) Last, given that the proposed project is planned to be 9.7 units per acre, the proposed scale and nature of use will remain within the same allowable range of density as the adjacent residential R2 districts. This prevents the proposed zoning change from resulting into an isolated, incompatible zoning district. Pulte Cottage District Rezoning Application December 61h, 2023 1021 i As demonstrated on the graphic on the following page, the existing density of the immediately surrounding residential properties ranges between 4.3 units/acre and 9.1 units/acre. The proposed project falls within this range. Figure 3. Surrounding Densities Map. d) Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The proposed amendment to the zoning map represents the opposite of piecemeal development, as this is a residential infill project that comprises the entirety of one city block less two parcels. The proposed project is not piecemeal given that it involves the combination of 20 smaller parcels to create a single unified development in one project, as opposed to the potential piecemeal development Pulte Cottage District Rezoning Application December 61", 2023 1022 i of the Property one lot at a time. Furthermore, the proposed rezoning will not create undevelopable parcels because the proposed project utilizes all of the Property and does not leave any undevelopable parcels. e) Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. Response: The proposed amendment to the property's zoning designation supports complementary land uses, integrates a mix of land uses and supports a wide range of mobility options. The proposed project is located along Palm Tran's Route 70 on N. Seacrest Blvd, which provides access to multiple stops throughout the City, including the Boynton Beach Tri -Rail Station. The northbound stop for Route 70 is located approximately 60 feet from the property's southwest boundary, representing a walkable mobility option. Additionally, the Tri -Rail Costal Link study has shown that there is a tentatively planned downtown Boynton Beach Tri -Rail Coastal Link station. The station is tentatively planned to be located along NE 41h Street, between Boynton Beach Blvd and E. Ocean Ave. From the Property, this would be a 1 minute car ride, 3 minute bike ride, or 11 minute walk. As discussed previously in this document, the proposed project with for -sale workforce housing units in both single-family and townhome buildings is complementary to the surrounding neighborhoods that have a mix of single-family, duplex and multifamily buildings. f) Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. Response: The proposed project meets the Chapter 1, Article VI concurrency requirements in the following ways: 1) Potable Water, Sanitary Sewer, Drainage, and Solid Waste: The Boynton Beach Utilities Department will review this. 2) Parks and Recreation: The Boynton Beach Parks and Recreation department will review this. 3) Roads: The City engineer will review this. Additionally, a Palm Beach County Traffic Performance Standards (TPS) letter has been requested for the project to review concurrency. g) Economic Development Impact. a. Whether the proposed rezoning/FLUM amendments would not: i. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and ii. Represent a potential decrease in the number of uses with high probable economic development benefits. Response: The proposed rezoning does not represent a potential decrease in the possible intensity of development. By rezoning from R2 to IPUD, the maximum possible intensity of the property increases due to the higher densities allowed by the IPUD district and the flexible land use regulations. Additionally, the proposed rezoning does not represent a potential decrease in the number of uses, given that the use matrix shows that both the R2 and IPUD share the same amount of residential uses. b. Whether the proposed rezoning/FLUM amendments would: i. Create new employment opportunities; ii. Contribute to the enhancement and diversification of the city's tax base; iii. Respond to the current or anticipated market demand or community needs; or iv. Alleviate economic obsolescence of the subject area. Pulte Cottage District Rezoning Application December 61h, 2023 1023 i Response: Responses to i through iv are bulleted below: • The proposed rezoning could create new employment opportunities by offering affordable housing in a location that promotes multi -modal transportation access. By proposing new housing, businesses may be more attracted to invest in the area. The proposed project will also create numerous construction jobs. • The proposed rezoning enhances and diversifies the City's tax base by providing workforce housing that targets the Low and Moderate 1 income levels (as established by Palm Beach County), whereas the Property generates very little tax revenue as a vacant property. • The proposed rezoning directly addresses market demand, as supplemented by the 2017 Boynton Beach Housing Study, which shows that the City is experiencing a shortage in housing supply while demand increases. The proposed project would provide new workforce housing to meet the community and market needs. • The proposed rezoning will assist in the alleviation of economic downturn for the subject area, as it represents residential infill development of vacant land in an urban area (City of Boynton Beach) that is in direct need of housing to support employment. The proposed rezoning of the Property meets all four of the Direct Economic Development Benefits listed in subparagraph "g". h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: a. The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or b. The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. Response: The proposed rezoning of the Property does not reduce the amount of land available for heavy commercial or industrial development. Site Development Standards Compliance: Engineering Division Waivers Please see the Engineering Waiver Narrative for supplemental and supporting information on the proposed engineering waivers requested for the project. In summary, the waivers are provided in the table below. Request Code Requirement Code Section/Criteria Standard The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building A being 19.5' away from NE 5th Ave The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building D being 17.9' away from NE 5th Ave Site Development Standards Compliance: Variance from sustainability standards for workforce housing The City of Boynton requires that all new applicable developments must adhere to the sustainable development standards set forth by Article 13, Chapter 4 of the City of Boynton Beach's Land Development Code. Due to this project being a planned residential community of 41 dwelling units, the project is required by code to achieve at least 20 points. This project represents an affordable housing community for the City of Boynton Beach that has been planned for some time with partnerships formed between Pulte and the CRA. At the foundation level, this project was envisioned to serve the purpose of providing high quality affordable housing to local residents. Pulte Cottage District Rezoning Application December 61h, 2023 1024 i Unfortunately, this vision is potentially obstructed by the City's sustainability standards, as the requirement to provide level two charging stations is cost -burdensome for a 100% workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." Concurrent with this application for a Major Site Plan approval, a variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainable development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards (Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. To this end, please see the following pages for the sustainability point breakdown. 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Proposed ordinance's title/reference: Proposed Ordinance No. 24-001- An ordinance of the City of Boynton Beach, Florida, amending Ordinance 02-013 to rezone a parcel of land commonly referred to as the Pulte Cottage District from single and two- family residential (r-2) to Infill Planned Unit Development (IPUD). This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or x❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. Page 1 of 2 1029 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance Privately initiated rezoning of property from single and two-family residential (r-2) to Infill Planned Unit Development (IPUD). 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or Tees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): N/A Page 2 of 2 1030 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2-1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Requested Action: Approve Variance (ZCVL-2023.06.4139). Explanation of Request: Pursuant to Part III, Chapter 4, Article XIII, Section 2 (Required Sustainable Development Standards, Table 2-1), the project is required to provide Electric Charging Stations as part of the required Sustainable Development Standards. The applicant is seeking to obtain relief from the requirement of providing Electric Vehicle Charging Stations, stating that the provision of such would preclude the construction of workforce housing. Part III, Chapter 1, Article V, Section 2.C.7.c states that "If compliance with a land development standard would preclude construction of a residential or mixed-use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards." Therefore, the applicant is requesting approval of the waiver of Electric Vehicle Charging Stations, pursuant to Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1). How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Staff Report Development Order Exhibit A - Location Map Exhibit B - Existing Zoning Exhibit C - Proposed Zoning Exhibit D - Justification Statement 1031 1032 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-037 STAFF REPORT To: City Commission Thru: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director From: Andrew Meyer, AICP, LEED Green Associate Senior Planner Date: January 16, 2024 Project: Pulte Cottage District (Variance, ZCVL-2023.06.4139) Requests: Relief from Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1) Electric Charging Stations requirement. BACKGROUND Pulte Cottage District is a proposed planned -unit development that will be situated on 4.63 -acre site located within the Heart of Boynton District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of twenty (20) vacant parcels. The application consists of a rezoning to IPUD and a New Major Site Plan and New Master Plan approval, which proposes a 41 unit planned development with 19 detached single-family homes and 22 townhomes. The single-family homes are proposed along the project site boundary, fronting NE 411 Ave, NE 5th Ave, and NE 1' Street. The 22 townhomes are housed within 3 6 -unit buildings and 1 4 -unit building flanking a new right-of-way running north and south, connecting NE 5'h Ave and NE 4'h Ave. PROPOSAL Pursuant to Part III, Chapter 4, Article XIII, Section 2 (Required Sustainable Development Standards, Table 2-1), the project is required to provide Electric Charging Stations as part of the required Sustainable Development Standards. The applicant is seeking to obtain relief from the requirement of providing Electric Vehicle Charging Stations, stating that the provision of such would preclude the construction of workforce housing. Part III, Chapter 1, Article V, Section 2.C.7.c states that "If compliance with a land development standard would preclude construction of a residential or mixed-use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards." Therefore, the applicant is requesting approval of the waiver of Electric Vehicle Charging Stations, pursuant to Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1). Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@540B5296\@BCL@54OB5296.docx 1033 ANALYSIS The City Commission has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a -g). The applicant's justification and response to these criteria is attached (see Exhibit B - Justification Statement). a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The structures and buildings being constructed on the site are in support of providing 100% workforce housing, which is not necessarily applicable to other structures or buildings in the same zoning district. Part III, Chapter 1, Article V, Section 2.C.7.c provides an applicant relief from a development standard if it precludes the construction of workforce housing. The applicant has stated that the requirement of Electric Charging Stations would burden the Property Owners Association with yearly maintenance and granting the variance would allow the workforce housing units to be economically feasible. b. That the special conditions and circumstances do not result from the actions of the applicant. The provision of the City's workforce housing program is based upon existing income levels, which is not a result from the action of the applicant. The applicant is providing workforce housing units in order to provide housing options for general public that meet these established income levels. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Part III, Chapter 1, Article V, Section 2.C.7.c provides an option for relief from a development standard if it precludes the construction of workforce housing units. This LDR section is available to all workforce housing projects and does not confer any special privilege not available to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights or cause undue hardship. However, the applicant states that the requirement of Electric Charging Stations would burden the project, and granting the variance would allow the provision of workforce housing to be economically feasible. Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@540B5296\@BCL@54OB5296.docx 1034 e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant is seeking relief from only the Electric Charing Stations requirements of the Sustainable Development Standards (Part III, Chapter 4, Article XIII). The applicant is meeting the remainder of the Sustainable Development Standards, including providing up to 20 points of sustainable features. Therefore, it determined that the requested Variance would be reasonable and minimal. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would still allow the intent of the ordinance to be maintained. As stated, the remainder of the Sustainable Development Standards requirements is being met, and the variance would not compromise the city's life and safety standards. CONCLUSIONS / RECOMMENDATION Staff has reviewed this request for a Variance, and recommends APPROVAL. Any additional conditions required by the City Commission shall be documented accordingly. Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@540B5296\@BCL@54OB5296.docx 1035 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Pulte Cottage District (ZCVL-2023.06.4139) Aimee Carlson, Pulte Group 1475 Centrepark Boulevard, Suite 305, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2024 and February 6, 2024 APPROVAL SOUGHT: Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2- 1) Electric Charging Stations requirement for the Pulte Cottage District. LOCATION OF PROPERTY: Generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. Should conditions for development be recommended by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Pulte Cottage District\Staff Reports\Exhibits\DO - ZCVL-2023-06-4139.doc 1036 1037 1038 1039 JUSTIFICATION STATEMENT Pulte Cottage District Variance Application Initial Submittal: December 6t'', 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Approval of proposed Variance to Chapter 4, Section 14 of the Land Development Regulations of Boynton Beach, to remove the requirement of providing Electric Vehicle Charging Stations. Please note that this request is being submitted for review concurrently with a Rezoning application and a Major Site Plan application and a Master Plan application for the proposed Pulte Cottage District. The requests above are being sought for the subject site in order to allow for the development of 19 fee -simple single-family homes and 22 fee -simple multi -family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing, Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the "Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. Figure 1. Property Location Map. << ', ` t ,„Jr, L; ,, ;I L _Q411 ' , I % l 22/, () W Ilirnc ,,/,oi 1040 i See table below for full parcel list of the whole property. Parcel' Number, ddre's 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1ST ST 08434521290030012 511 NE 1 ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Ire art ell above 4,6cre The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max) and R -1A Single Family Residential (6 du/ac max) with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Variance Application December 61", 2023 1041 i PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi -family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi -family townhomes, all being fee -simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north -south private street, with two of the four townhome buildings having their sides facing NE 5t" Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. Figure 2. Surrounding Densities Map Pulte Cottage District Variance Application December 61", 2023 1042 @wGi. Workforce Housing One of the core tenets of the proposed project is to provide fee-simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee-simple workforce housing units. The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to $189,630.00 using the county's 2022 rates. The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and all of the Moderate 1 income units will be single -family homes. This corresponds to 22 fee-simple low-income units and 19 fee-simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore, the proposed infill and redevelopment of the Property furthers the sustainability and resource management components of the IPUD district, as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years." Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock." The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: "The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Pulte Cottage District Variance Application December 61", 2023 1043 i Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On May 17, 2023, the Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach" authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single family and two family homes. Please see the map below showing the overall change on the property for the last 17 years. Figure 3. Historical Aerials of Property REVIEW CRITERIA FOR VARIANCE REQUEST The City of Boynton Beach requires that Variance requests are reviewed upon Criteria A through F below. For the purposes of this report, the applicant has provided responses below to establish the proposed development's compliance with the criteria. Diagrams of the proposed development have been included within the full application package. The applicant is proposing a 100% workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." This variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing Pulte Cottage District Variance Application December 61", 2023 1044 @wGi. project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. Response: The Pulte Cottage District project is comprised of forty-two 100% affordable workforce housing units. These units are restricted to residents making between $54,180.00 and $90,300.00 as a household, not individual income. Due to the project's commitment of providing 100% affordable workforce housing, it is economically unfeasible and potentially burdensome to the future residents to require electric vehicle charging stations. According to the Alternative Fuels Data Center within the US Department of Energy (US DOE), maintenance costs alone can reach up to $400 per year. On top of the to the day-to-day maintenance costs, the US DOE cites research from the International Council on Clean Transportation showing that the installation of level 2 charging stations cost approximately an additional $2,080 for single-family detached homes and up to $7,400 for apartments/townhomes. Transferring these yearly costs to the already economically burdened residents is the main impetus for this variance request. The applicant does not wish to create additional expenses that could result in the economic unsuitability of the much-needed housing project. There is also no such thing as a "universal" charging system that the Applicant could install in the garages. Each electric car manufacturer has their own charging system. Furthermore, the CRA specifically requested that the pocket park is for the private enjoyment of the proposed workforce housing residents, not open to the public. Therefore, requiring charging stations at the guest parking spaces in the pocket park is contrary to the CRA's goal because it would draw people seeking to charge their cars from outside the proposed project. The cost (installation and maintenance) of what would amount to a publicly accessible charging station would be burdensome on the HOA. By providing relief to the charging station requirement, the City of Boynton Beach would make the proposed workforce housing units economically feasible while upholding standards related to life or safety. All residents will retain the ability to install level 2 charging stations within their units whenever they like. In addition, the proposed relief waiver will not compromise any safety standards within the City, as charging stations do not impact safety. B. That special conditions and circumstances do not result from the actions of the applicant for the variance. Response: The applicant understands and echoes the City of Boynton Beach's commitment to sustainability. Moving forward, the sustainable development standards will provide the City the necessary apparatus for infusing and requiring sustainable development standards into development processes. However, this code section does not account for affordable or workforce housing projects such as the Pulte Cottage District. Workforce and affordable housing projects are unique in that the products proposed are not envisioned to be purchased or rented at market prices. These products are envisioned to be purchased or rented at below market rates so that they can be affordable. The sustainability standards provide options that are appropriate for typical non -workforce housing/affordable housing projects, as the costs associated with each option would be transferred to the eventual purchaser/renter. However, the Pulte Cottage District is a 100% affordable workforce housing project. The costs associated with the majority of the sustainability options are not exceptionally burdensome, with exception to the electric vehicle charging stations. Charging stations require yearly maintenance costs in addition to installation fees that are economically unfeasible for affordable workforce housing. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. Pulte Cottage District Variance Application December 61", 2023 1045 @wGi. Response: By granting this variance, the City will only be removing the requirement to provide electric vehicle charging stations in the guest parking lot. All other requirements of the City's code and sustainable development requirements are met. The applicant is proposing 20 sustainable development points, meeting the required point total for this size of project. D. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Response: Literal interpretation of the code could in turn transfer undue hardship to the proposed residents of the project, as these residents will be forced to pay yearly costs associated with maintaining an electric vehicle charging stations, even if they do not own an electric vehicle. E. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. Response: As previously mentioned in response to criteria item C, this is the minimum variance that will make reasonable use of the land for 100% affordable workforce housing possible. All other code requirements and sustainability requirements are met. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: Granting this variance will be directly in harmony with the general intent and purpose of the chapter, as this variance will further promote public welfare by ensuring that this project can provide 100% affordable workforce housing. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainable development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards (Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. Based on the above and attached information, the Applicant respectfully requests the approval of the Variance Application. Pulte Cottage District Variance Application December 61", 2023 1046 L.*M Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Approve request for New Master Plan and New Site Plan (NMP, NWSP-2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Requested Action: Approve the New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139). Explanation of Request: Pulte Cottage District is a proposed planned -unit development that will be situated on 4.63 acres located within the Heart of Boynton District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of twenty (20) vacant parcels. The applicant is requesting approval of several concurrent applications for the development of Pulte Cottage District (see the respective staff reports). The first application, REZN- 2023.06.4139, is to rezone the property from R-2 (Single -Family Residential) to IPUD (Infill Planned Unit Development). The next two applications, NWSP-2023.06.4139 and NMP - 2023.06.4139, are for New Major Site Plan and New Master Plan approval, which propose a planned development for 41 dwelling units consisting of 19 detached single-family homes and 22 townhomes. The single-family homes are proposed along the project site boundary, fronting NE 4th Ave, NE 5th Ave, and NE 1st Street. The townhome units will be located within 3 6 -unit buildings and 1 4 -unit building flanking a new right-of-way running north and south, connecting NE 5th Avenue and NE 4th Avenue. The applicant is also seeking a Variance (ZCVL-2023.06.4139) for relief from Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1), specifically the provision of Electric Charging Stations. The applicant states that the provision of Electric Charging Stations would make the construction of workforce housing infeasible and would preclude the construction of workforce housing. In 2018, an alleyway, which previously existed through the project site was abandoned (Ord 18-028) in anticipation of the site being developed. How will this affect city programs or services? N/A 1047 Fiscal Impact: N/A Attachments: Staff Report Development Order Exhibit A - Location Map Exhibit B - Existing Zoning Exhibit C - Proposed Zoning Exhibit D - Justification Statement Exhibit E - Project Plans Exhibit F - Conditions of Approval 1048 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. PZ 23-036 STAFF REPORT TO: City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, AICP, LEED Green Associate Senior Planner DATE: January 16, 2023 PROJECT: Pulte Cottage District (New Master Plan & New Major Site Plan - N M P, N W S P-2 023.06.4139 ) REQUEST: Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Amiee Carlson, Pulte Group. PROJECT DESCRIPTION Property Owner: Boynton Beach Community Redevelopment Agency Applicant: Amiee Carlson, Pulte Group Agent: Matthew Barnes, WGI, Inc. Location: Generally located between NE 5th Avenue and NE 4th Avenue, and between Seacrest Boulevard and NE 1st Street Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: Medium Density Residential (MEDR) Existing Zoning: Single and Two -Family Residential (R-2) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 41 fee -simple dwelling units, consisting of 19 detached single-family homes and 22 attached townhomes Acreage: 4.63 acres Adjacent Uses: Right-of-way of NE 5th Ave, then further north, detached single-family North: homes and a child-care center classified Medium Density Residential 1049 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 2 (MDR) and zoned R-2; South: Right-of-way of NE 4th Ave, then detached single-family homes, classified MDR and zoned R-2; East: Right-of-way of NE 1st St, then mixture of duplex and single-family homes, classified MDR and R-2; West: Single -Family homes classified MDR land use and zoned R-2, then right-of-way of Seacrest Blvd, then single-family homes, classified LDR land use and zoned Single -Family Residential (R-1). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: Pulte Cottage District is a proposed planned -unit development that will be situated on 4.63 acres located within the Heart of Boynton District as defined by the CRA Community Redevelopment Plan. The project site is an assemblage of twenty (20) vacant parcels. The applicant is requesting approval of several concurrent applications for the development of Pulte Cottage District (see the respective staff reports). The first application, REZN-2023.06.4139, is to rezone the property from R- 2 (Single -Family Residential) to IPUD (Infill Planned Unit Development). The next two applications, NWSP-2023.06.4139 and NMP -2023.06.4139, are for New Major Site Plan and New Master Plan approval, which propose a planned development for 41 dwelling units consisting of 19 detached single- family homes and 22 townhomes. The single-family homes are proposed along the project site boundary, fronting NE 4th Ave, NE 5th Ave, and NE 1St Street. The townhome units will be located within 3 6 -unit buildings and 1 4 - unit building flanking a new right-of-way running north and south, connecting NE 5th Avenue and NE 4th Avenue. The applicant is also seeking a Variance (ZCVL-2023.06.4139) for relief from Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1), specifically the provision of Electric Charging Stations. The applicant states that the provision of Electric Charging Stations would make the construction of workforce housing infeasible and would preclude the construction of workforce housing. In 2018, an alleyway which previously existed through the project site was abandoned (Ord 18-028) in anticipation of the site being developed. ANALYSIS 2 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1050 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 3 Traffic: The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 338 new daily trips, 22 new am peak hour trips and 29 new pm peak hour trips. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project meets the TPS of Palm Beach County. School: The School Capacity Availability Determination (SCAD) letter provided by the PBC School District determined that the project "will not negatively impact the School District". Utilities: The City's Utilities Department has reviewed the site plan and master plan applications, and the applicant has addressed all comments during the DART review process. The City's water capacity would meet the projected potable water demand for this project. At the time of permitting, meters and cleanouts shall be located in grassy areas (Exhibit F — Conditions of Approval). Police/Fire: The Police and Fire Departments have reviewed the site plan, and the applicant has addressed all review comments during the DART review process. Police provided basic conditions of approval regarding conflicts between lighting and landscaping, and staging of equipment during construction (Exhibit F — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage plans and information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The applicant has also been conditioned to underground all utilities at time of construction (Exhibit F — Conditions of Approval). Access: The proposed project has been configured to be consistent with the surrounding neighborhood; the detached single-family dwellings are accessed directly from the surrounding street network (NE 411 Ave, NE 511 Ave, and NE 1st St). A new right-of-way through the project site connecting NE 5t" Ave and NE 4t" Ave will provide direct access to the proposed townhomes. Four (4) guest parking spaces for the townhomes is proposed next to residential amenities and is located directly on the proposed right-of- way. Parking: Off-street parking regulations require two (2) parking spaces for each single- family home constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, and two (2) parking spaces plus 0.15 guest space per townhome dwelling unit. 19 detached single-family units and 22 townhome units are proposed, with each single- family unit containing at least three (3) parking spaces, and each townhome containing at least two (2) parking spaces, with the end units providing three(3) parking spaces. Four (4) guest spaces have been provided along the new right-of-way to meet the required guest parking spaces for the townhomes (22 x 0.15). In total, the site provides 113 parking spaces. 3 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1051 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 4 Landscaping: The Landscape Plan indicates that the project would add a total of 181 trees and palms, 149 of them being canopy trees, 32 palms, in addition to many shrubs/vines/groundcover plants. Canopy trees are being placed within the front yards of single-family home lots, as well as the buffers and backyards of the townhome units. Trees also proposed within the dry retention area at the central location of the project site will assist with absorbing water during rain events. Palms are proposed in areas near the building foundation of the proposed townhomes. Trees are proposed within the required open space of the site, providing for natural shade for recreational activities. A Type 2 Landscape Buffer, required between developments of differing intensity, is proposed between the townhomes and the currently -existing single-family homes located west of the project site. To the south of these currently -existing single-family homes, a Type 1 Landscape Buffer (required between developments of similar intensity) is proposed between those homes and the proposed single-family homes. Additional landscaping is being provided along Seacrest Boulevard next to the westernmost proposed single-family home in order to screen the side of the home from Seacrest Boulevard to avoid the appearance of a blank wall. The application has been conditioned to ensure that adequate landscaping is being proposed within this area (Exhibit F — Conditions of Approval). Building and Site: The proposed site area totals 4.63 acres. A total of 41 units are proposed, consisting of 19 detached single-family homes and 22 townhomes. The single-family units will be located along the edges of the project, fronting NE 411 Avenue, NE 5th Avenue, and NE 1St Street. The townhome units will be located within 3 6 -unit buildings and 1 4 -unit building flanking a new right-of- way running north and south, connecting NE 5th Ave and NE 4th Ave. The single-family units are a combination of single -story and two-story, and the townhome units will be two stories, with a mean roof height approximately 22.5 feet tall. All 19 detatched single-family units contain three (3) bedrooms, ranging in size from 1,447 square feet to 1,822 square feet. All 22 townhome units also contain three (3) bedrooms, ranging in size from 1,547 to 1,555 square feet. Setbacks: As a planned district, the IPUD zoning district requires design standards that exceed the basic development standards, and allows for flexibility from standard building and site regulations. The code requires setbacks to generally resemble that of adjacent property when located adjacent to single- family zoning. The adjacent zoning is R-2 (Single and Two -Family Residential), and the provided setbacks generally resemble that of the adjacent zoning. As the single-family homes are designed on fee -simple lots, the Master Plan sets setbacks for these single-family homes to ensure compatibility with the surrounding neighborhood. Sheet LP -4 provides a diagram of the proposed setbacks for the single-family homes, and Sheet SP provides the proposed setbacks for the townhomes, which are as follows: 4 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1052 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 5 Building Setbacks/Build-to-Line Building Setbacks R-2 Zoning (Heart of Boynton) Provided Single -Family Homes Front 15' 25' Interior Side 5' 5' Corner Side 5' 15.3'-22.3' Rear 10' 14.8'-38.9' Townhomes Front (from new R -O -W) 15' 20' Interior Side 5' 6.6'-9.7' (from internal lots Corner Side 5' 18' Rear 10' 23.9' (from adjacent property) 15' (from internal open space/dryspace/dry retention Open Space: The project proposes a 0.19 acre pocket park in conformance with the open space requirements of the IPUD zoning district. The pocket park will include a covered bicycle rack and mail kiosk, a shade structure, a short walking path, benches, and landscaping. Building Design: The architectural style for the project is designed in such a way to blend into the surrounding neighborhood, both the single-family homes and the townhomes. The architectural style uses elements which reference a cottage -type vernacularthat is in alignment with the intent of the IPUD zoning district. Sustainability: Planned -unit residential developments consisting of a minimum of twenty- one (21) dwelling units and up to fifty (50) shall achieve at least twenty (20) points (see Exhibit F — Conditions of Approval). The project proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star qualified. 2 Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 solar water heaters. Building Color - Use of cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling 2 costs - as shown on architectural plans. 5 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1053 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 6 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a minimum 2 R-19 in walls and R-38 in the ceiling. URBAN NATURE Tree Canopy - Provide canopy trees in an amount that 3 exceeds the minimum number of required trees by 15%. OTHER Providing the residents a toolkit for energy conservation, 6 orienting the buildings on the site to reduce solar exposure. Total Points 20 The Sustainable Development Standards also require the provision of Electric Vehicle Chargers (Part III, Chapter 4, Article XIII, Section 2). The applicant is seeking to remove the requirement of providing Electric Vehicle Charging Stations, stating that the provision of such would preclude the construction of workforce housing. Therefore, the applicant has applied for a Variance (ZCVL-2023.06.4139) to seek a waiver of the provision pursuant to Part III, Chapter 1, Article V, Section 2.C.7.c (Workforce Housing Program). Furthermore, the applicant is seeking 6 points for the utilization of the "Other" category for the Sustainable Development Options to meet the 20 -point requirement. The applicant proposes a resident sustainability toolkit to inform the residents of the development best practices for sustainability, including waste management, water use, energy efficiency, and building management. The application has been conditioned to provide the toolkit program acceptable to city staff prior to approval of any building permit (Exhibit F — Conditions of Approval). Should the toolkit not be a level acceptable to city staff, the applicant will need to submit the appropriate type of a Site Plan Modification to amend the project's sustainable development program. Lighting: The photometric plans (Sheets E1.2 & E1.3) include 18 freestanding light pole fixtures 21 feet in height. The mounting height of the luminaries is 15.5' in hieght. The light poles are proposed as street lighting along the rights -of - ways within and surrounding the project site. The design of the light poles and luminaries are compatible with the existing light poles along Seacrest Blvd, however a smaller -scale design which is more appropriate for a residential neighborhood has been selected. Public Art: The project is exempt from the Art in Public Places requirement because the 6 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1054 Pulte Cottage District (NMP, NWSP-2023.06.4139) Memorandum No PZ 23-036 Page 7 applicant is participating in the City's Workforce Housing Program. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan and Master Plan, and recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit F — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 7 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOAB624\@BCL@BCOAB624.docx 1055 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pulte Cottage District (NMP, NWSP-2023.06.4139) APPLICANT: Amiee Carlson, Pulte Group APPLICANT'S ADDRESS: 1475 Centrepark Boulevard, Suite 305, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2024 and February 6, 2024 APPROVAL SOUGHT: Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units. LOCATION OF PROPERTY: Generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. DRAWING(S): SEE EXHIBIT "E" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40A1 E31\@BCL@C40A1 E31.doc 1056 1057 1058 1059 JUSTIFICATION STATEMENT Pulte Cottage District Master Plan Application Initial Submittal: June 7th, 2023, First Resubmittal: August 15th, 2023, Second Resubmittal: October 25th, 2023, Third Resubmittal: December 6th, 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Approval of proposed Master Plan for the Pulte Cottage District development. 2) Workforce Housing Code Waiver for relief from the Sustainable Development Standards in order to facilitate 100% workforce housing. Please note that this request is being submitted for review concurrently with a Rezoning application and a Major Site Plan application for the proposed Pulte Cottage District. The requests above are being sought for the subject site in order to allow for the development of 19 fee -simple single-family homes and 22 fee -simple multi -family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing, Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the "Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. Figure 1. Property Location Map. << ', ` i, t ,„Jr, L; ,, ;I L _Q411 ' , I % l 22/, () ” Ilirnc ,;oi 1060 i See table below for full parcel list of the whole property. Parcel' Number, ddre's 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1ST ST 08434521290030012 511 NE 1 ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Ire art ell above 4,6cre The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max) and R -1A Single Family Residential (6 du/ac max) with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Master Plan Application December 61", 2023 1061 i PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi -family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi -family townhomes, all being fee -simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north -south private street, with two of the four townhome buildings having their sides facing NE 5t" Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. Figure 2. Surrounding Densities Map Pulte Cottage District Master Plan Application December 61", 2023 1062 @wGi. Workforce Housing One of the core tenets of the proposed project is to provide fee-simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee-simple workforce housing units. The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to $189,630.00 using the county's 2022 rates. The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and all of the Moderate 1 income units will be single -family homes. This corresponds to 22 fee-simple low-income units and 19 fee-simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore, the proposed infill and redevelopment of the Property furthers the sustainability and resource management components of the IPUD district, as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years." Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock." The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: "The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Pulte Cottage District Master Plan Application December 61", 2023 1063 i Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On May 17, 2023, the Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach" authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single family and two family homes. Please see the map below showing the overall change on the property for the last 17 years. Figure 3. Historical Aerials of Property REVIEW CRITERIA FOR MASTER PLAN The City of Boynton Beach requires that all Master Plans are reviewed based on two major components: 1) Zoning and Standards Compliance and 2) Diagram of the proposed plan, including location of uses, density, bubble diagrams, height, and massing of the proposed development. For the purposes of this report, the applicant has provided responses below to establish the proposed development's compliance with Zoning and Standards. Diagrams of the proposed development have been included within the full application package. Pulte Cottage District Master Plan Application December 61", 2023 1064 i Zoning Compliance: Infill Planned Unit Development (IPUD) General Requirements The project has been formed to achieve compliance with the purpose and intent of the IPUD zoning district. Moreover, distinct features of the project contribute to the Property's compliance with the IPUD zoning district. These distinct features are the dedication to provide workforce housing, infill of vacant land for residential use, and the Property's location in relation to public infrastructure. Use Requirements The project complies with the use requirements for IPUD districts. The two uses proposed by the proposed project are single-family and multi -family residential via townhomes, which are both permitted within the IPUD zoning district. Building and Site Regulations The project complies with all of the building and site regulations listed within Chapter 3, Article 3, Section 2. While the minimum lot frontage and perimeter yard setbacks are flexible due to the project being an IPUD district, the project has standard requirements in the form of lot coverage, usable open space, and building height. The project's lot coverage does not exceed 50%, 200 square feet of useable open space is provided per dwelling unit, matching the code required 200 square feet per unit, and the proposed structures are all less than 45 feet tall. Process The zoning process that governs IPUD districts states that in order for new IPUD districts to be approved, they must have a master plan and site plan that govern the site. In order to follow this process and achieve compliance with zoning, Applicant is submitting Major Site Plan and Rezoning applications concurrently for review with this Master Plan application. Site Development Standards Compliance: Infill Planned Unit Development (IPUD) The proposed Master Plan has been developed by the applicant with every effort to achieve compliance with the Boynton Beach Site Development Standards found within Chapter 4 of the city's Land Development Regulations (Articles 1 through 13 of Chapter 4). The City of Boynton Beach's Development Services Staff will evaluate and review technical requirements of the proposed development's Master Plan and Site Plan to further ensure Site Development Standards compliance. Engineering Division Waivers Please see the Engineering Waiver Narrative for supplemental and supporting information on the proposed engineering waivers requested for the project. In summary, the waivers are provided in the table below. Request Code Requirement Code Section/Criteria Standard The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building A being 19.5' away from NE 5th Ave The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building D being 17.9' away from NE 5th Ave Pulte Cottage District Master Plan Application December 61h, 2023 1065 i Site Development Standards Compliance: Variance from sustainability standards for workforce housing The City of Boynton requires that all new applicable developments must adhere to the sustainable development standards set forth by Article 13, Chapter 4 of the City of Boynton Beach's Land Development Code. Due to this project being a planned residential community of 41 dwelling units, the project is required by code to achieve at least 20 points. This project represents an affordable housing community for the City of Boynton Beach that has been planned for some time with partnerships formed between Pulte and the CRA. At the foundation level, this project was envisioned to serve the purpose of providing high quality affordable housing to local residents. Unfortunately, this vision is potentially obstructed by the City's sustainability standards, as the requirement to provide level two charging stations is cost -burdensome for a 100% workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." Concurrent with this application for a Major Site Plan approval, a variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainable development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards (Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. Based on the above and attached information, the Applicant respectfully requests the approval of the Master Plan Application. Pulte Cottage District Master Plan Application December 61", 2023 1066 JUSTIFICATION STATEMENT Pulte Cottage District Major Site Plan Application Initial Submittal: June 7th 2023 First Resubmittal: August 15th, 2023 Second Resubmittal: October 25th, 2023; Third Resubmittal: December 6, 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Approval of the proposed Major Site Plan for the Pulte Cottage District. 2) Workforce Housing Code Waiver for relief from the Sustainable Development Standards in order to facilitate 100% workforce housing. Please note that this request is being submitted for review concurrently with a Rezoning application and a Master Plan application for the proposed Pulte Cottage District. The requests above are being sought for the subject site in order to allow for the development of 19 fee -simple single-family homes and 22 fee -simple multi -family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing, Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the "Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. The map below shows the general location of the Property with respect to the overall area. Figure 1. Property Location Map. << ', ` i, t ,„Jr, L; ,, ;I L _Q411 ' , I % l 22/, () W Ilirnr ,;oi 1067 i See table below for full parcel list of the whole property. Parcef Number Addre'88= 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1 ST ST 08434521290030012 511 NE 1ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Prc ert SII above 4 Ocre,8 The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max) and R -1A Single Family Residential (6 du/ac max) with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Major Site Plan Application December 61", 2023 1068 i PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi -family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi -family townhomes, all being fee -simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north -south private street, with two of the four townhome buildings having their sides facing NE 5t" Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. Figure 2. Surrounding Densities Map Pulte Cottage District Major Site Plan Application December 61", 2023 1069 @wGi. Workforce Housing One of the core tenets of the proposed project is to provide fee-simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee-simple workforce housing units. The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to $189,630.00 using the county's 2022 rates. The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and all of the Moderate 1 income units will be single -family homes. This corresponds to 22 fee-simple low-income units and 19 fee-simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore, the proposed infill and redevelopment of the Property furthers the sustainability and resource management components of the IPUD district, as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years." Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock." The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: "The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Pulte Cottage District Major Site Plan Application December 61", 2023 1070 i Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On May 17, 2023, the Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach" authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single-family and two-family homes. Please see the map below showing the overall change to the Property for the last 17 years. Figure 3. Historical Aerials of Property REVIEW CRITERIA FOR MAJOR SITE PLAN APPROVAL The City of Boynton Beach requires that all Major Site Plans are reviewed based on two major components: 1) Zoning and 2) Standards Compliance. Furthermore, since this Major Site Plan is proposed for a project rezoning to a PUD, the Major Site Plan must be consistent with the Master Plan. For the purposes of this report, the applicant has provided statements below to establish the proposed development's compliance with Zoning, Standards, and Consistency with the Master Plan. Pulte Cottage District Major Site Plan Application December 61", 2023 1071 i Zoning Compliance: Infill Planned Unit Development (IPUD) General Requirements The project has been formed to achieve compliance with the purpose and intent of the IPUD zoning district. Moreover, distinct features of the project contribute to the Property's compliance with the IPUD zoning district. These distinct features are the dedication to provide workforce housing, infill of vacant land for residential use, and the Property's location in relation to public infrastructure. Use Requirements The project complies with the use requirements for IPUD districts. The two uses proposed by the proposed project are single-family and multi -family residential via townhomes, which are both permitted within the IPUD zoning district. Building and Site Regulations The project complies with all of the building and site regulations listed within Chapter 3, Article 3, Section 2. While the minimum lot frontage and perimeter yard setbacks are flexible due to the project being an IPUD district, the project has standard requirements in the form of lot coverage, usable open space, and building height. The project's lot coverage does not exceed 50%, 200 square feet of useable open space is provided per dwelling unit, matching the code required 200 square feet per unit, and the proposed structures are all less than 45 feet tall. Process The zoning process that governs IPUD districts states that in order for new IPUD districts to be approved, they must have a master plan and site plan that govern the site. In order to follow this process and achieve compliance with zoning, Applicant is submitting Master Plan and Rezoning applications concurrently for review with this Major Site Plan application. The Major Site Plan has been developed to achieve consistency with the project's associated Master Plan. Site Development Standards Compliance: Infill Planned Unit Development (IPUD) The proposed Major Site Plan has been developed by the Applicant in order to achieve compliance with the Boynton Beach Site Development Standards found within Chapter 4 of the city's Land Development Regulations (Articles 1 through 13 of Chapter 4). The City of Boynton Beach's Development Services Staff will evaluate and review technical requirements of the proposed development's Master Plan and Site Plan to further ensure Site Development Standards compliance. Moreover, the Major Site Plan has been developed to achieve consistency with the respective Master Plan, which was submitted concurrently with this application. Engineering Division Waivers Please see the Engineering Waiver Narrative for supplemental and supporting information on the proposed engineering waivers requested for the project. In summary, the waivers are provided in the table below. Request Code Requirement Code Section/Criteria Standard The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building A being 19.5' away from NE 5t" Ave The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building D being 17.9' away from NE 5t" Ave Pulte Cottage District Major Site Plan Application December 61", 2023 1072 i Site Development Standards Compliance: Variance from sustainability standards for workforce housing The City of Boynton requires that all new applicable developments must adhere to the sustainable development standards set forth by Article 13, Chapter 4 of the City of Boynton Beach's Land Development Code. Due to this project being a planned residential community of 41 dwelling units, the project is required by code to achieve at least 20 points. This project represents an affordable housing community for the City of Boynton Beach that has been planned for some time with partnerships formed between Pulte and the CRA. At the foundation level, this project was envisioned to serve the purpose of providing high quality affordable housing to local residents. Unfortunately, this vision is potentially obstructed by the City's sustainability standards, as the requirement to provide level two charging stations is cost -burdensome for a 100% workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." Concurrent with this application for a Major Site Plan approval, a variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainable development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards (Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. Based on the above and attached information, the Applicant respectfully requests the approval of the Major Site Plan Application. 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I - � � . � -- -. . � - � a � 4 � m E , -2 , �E -, -, � � , i � , L 2 - I , - , - 1 , - � - � - I - I -1 -- I - , � - � - I - - 6 - - � � "E ,- .0 � ' . g 2 �IfiE _ , p 4 , � E � — " � -, - E - f - ' -- - ' � � _ � _ _ . . I n _ . . � _ . - . I - .1 j �- �n � - ; . �� E � ' � ' -� I � - � � -2 - - , i . -- , I .2 E -,! I .- I � - � - - , . . � � � - - , - - , I - . 8 I M _ _ ' , , _ _ . _ , � , E - ' . . g E 8 ! . � , ,� = � , , 2 _ � -. � � � -1 , g � - - - , _ . � . E 'I 4 - - - 'E � � N . _ � � 2 - ,-2 _ � � , � � - � '. i � , _ . g � .. - � - , � , - - E , , -, ,- - . . � - - � � � � � . � I -- -�, . � � . I I � - a I � ' - r _ . ,� _ � T - � - m -- - - -. -- -, � � - . i - � 8 , , f . � , 3 , . 7 . . a I � - - � c , I � ; ! � � � � , , � 1 2 1 � - - 2 - i I - - ' - - ' � - - � E -� � ; � I , � ,� . , t � . - - - i , - , - - - � 1 - - . , � , . � � . 1 4 � 7 ! E - � - � � -- - , � . �� I , � � . .. i 3 g � g , , � . E, -- I - � � g q � . ., I � ., - � - , - - - � I � i - '. I i I , -- L , i , - 2 , -- - - � - ! 2 -- 2 - , 6 � . � � . - - - , , -. -- --- - - 2 , . - � , I , � - - - - � - - � 1 � , � . 2 � - I E , . . . 7 � , - , � � �� ,. E u ' —H .. �-1 2 2 � - � , � � � - I - - � 2 - , --4 a � . - � � u _- , - � I , � i I . i i , � - E � � - if '. ; - i ' i � - . . - .- . , � _ � . 5 - � � . - , - � . 7 . � , - � . - - . I - . E � - - . , - � - -' - � � - - t � - � E � � I - a � � . - - �j u I � � � . � � � m . - � 1 . 4 " i , � E , - 6 - � . � - - � 0 6 6 . 6 . . ' . - . . . � � I - ' - � - E - . - � . - .1 - 2 , = � . - . I . . � � - _ 2 ' _ - - � E - � I _ � - 3 _ i , i � - - - � � . � = � . �, � � 2 - � - - - - - � , - 6 , 2ri . . . . - 3 � . � - � � . � I � , � , � g � - z . � . I . � � I - , - - - � _ , g - - - . . , � . � _ - - - � = . - _ ' . c . 6 - , � � � - � = � = z , I � � I - - - . . � - . - , � �' � , � - z _, � _ L , - � � _ .= � E � 6 � , _ � � . _ g i - � � _ _ _ � 6 - - � � z . - � , - - _ . = - I _ - � - -. . � , = - � 8 � . " _ � � � � � � -, . � L � - - . s . � � I E I - � . - - - � 6 .. � .. - , . � � - . - , 5 � , - � � 6 5 � � W � i , � � . - , m � � E , � T � 6 , f�m . . � - � . - � 7 - I I t � � �.. _ . 2 � . � 8 � , � � - � � � i , A � �, � � � � 6 , - � Nm . - � . _ I � � � I - - � I 9 . � - - � t " 11 � � 1 I . _ - . . , 1 . . . . ,, -, z - �, �-' � � � 7 , M � . , . -, . P - 86 -, � I =- � -, = - -t ,"� � - L I 5 -. . I - , - El- i -, !, � , -� -1 � � T � � - - �5� � ii i i , - 8 ,- " - - -,, ¢i � _ ! 8 ! -,2, - 6 � I -� � - � i 3 � -- . . I i - -. -i-,, -'-.- I i -1 I - ; -- . E � 2 � I E � . - t _E . E h - E - - - ! -. E - - - - � - = � - - i� --� � � - � 12 ,- � - � � � 7 � I - , —; �- � � 5 - 9 k . f � S .'-'a- , f -2 I � -' ' - -2� �- - - � A ! " -- , I -., , E M; , - , -HR � �� .- , - � - - — — , i � I Z k '� - � . , ,- .0 � ' . g 2 �IfiE _ , p 4 , � E � — " � -, - E - f 8 ' _ 8 I - 9� 8 I2� !� '-_ 2 , - - " 2 �� -�- ' ' � � � i � � � � I - - ; ! . 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V1 C CL ' m -0 p O qA d 10 76 +, rajO ro O N O .r CLO tLoro C ro U a) u t a) U .` u U a) L m C O CL E 0 Ti w L 0 a) U C ro \L tw r Ln Ya) cr a) cr- ie LO T T T EXHIBIT "F" Conditions of Approval Project Name: Pulte Cottage District New Master Plan and New Site Plan File number: NMP, NWSP-2023.06.4139 Reference: 4th review of plans identified as a New Major Site Plan and New Master Plan with a December 6, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Prior to permit application, an addressing plan in accordance with X the LDR Chapter 4, Article VIII, Section. 3.C. shall be submitted for review and approved by the City's addressing committee. 2. At time the Engineer of Record submits plans for a Land Development Permit to the Engineering Division, an in-depth review will take place. Site plan approval does not constitute a waiver of the engineering requirements. Any deviation from the utility and infrastructure standards contained within the 2010 LDR or the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to X review and approval by the City Engineer. A request for an Engineering waiver shall be reviewed in accordance with the 2010 LDR Ch. 2. Art. III. Sec. 5. If a waiver is granted in connection with a site plan, then such waiver shall remain valid as long as the corresponding site plan approval remains in effect, or unless there is any amendment to the original waiver. Any subsequent revisions that result in a modification to the approved site plan may be subject to P&Z approval. 3. Utilities, including but not limited to power and light, telecommunications, water, sewer, wiring to streetlights, and gas shall be installed underground in accordance with the current X Engineering Design Handbook and Construction Standards. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. 4. Civil Plans and Landscape Plans shall show all utility easements, underground utility lines and above ground appurtenances, including but not limited to power and light, telecommunication, water, sewer, cable television, wiring to streetlights, and gas in X accordance with the current Engineering Design Handbook and Construction Standards and the 2010 LDR Ch. 4. Art. VIII. Sec. 3.B.1. 5. The owner/developer shall coordinate a developer's agreement with the city to include mill and overlay full width of roadway: X 1. NE 1st Street from NE 4th Avenue to NE 5th Avenue, including the full intersections thereof; and 1116 Pulte Cottage District (NMP, NWSP-2023.06.4139) Conditions of Approval Paqe 2 of 4 DEPARTMENTS INCLUDE REJECT 2. NE 4th Avenue from Seacrest Boulevard to NE 1st Street; and 3. NE 5th Avenue from Seacrest Boulevard to NE 1st Street. 6. Prior to the issuance of a building permit, the applicant shall submit and obtain final plat approval from the Engineering Division along with all applicable fees, maintenance and use covenants, X condominium documents, deeds, or other legal documents. The final plat shall conform to the corresponding approved master plan. 7. Prior to the issuance of a building permit, the applicant shall submit and obtain the Land Development Permit from the Engineering Division for any drainage, storm water and wastewater systems, and the other required improvements as described in LDR Ch. 4. Art. VIII. (Utilities, and Infrastructure Design Standards). Once the plans are found to be acceptable, X the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees and surety. The LDP shall be issued by the Engineering Division once the aforementioned items, the final plat, and any other documents required by the City Engineer or designee, are found to be acceptable and meets the provisions of the LDR. 8. Prior to the issuance of a building permit, the applicant shall obtain and submit a copy of all permits from outside agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection X (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM), and any others as required. UTILITIES 1. Meters shall be set in grassy area generally a common property X line. No meters shall be installed in area with pavers. 2. The City cleanouts shall be installed in grassy area whenever possible. City cleanouts located in paved areas shall be installed X within a concrete collar, and mini-handholes are also required. 3. A general hold harmless agreement is required for all the water mains located along the pavers, and the cleanout located in paved X areas. 4. Ensure all utility easements are provided to the satisfaction of the X Utilities Department. FIRE 1117 Pulte Cottage District (NMP, NWSP-2023.06.4139) Conditions of Approval Paqe 3 of 4 DEPARTMENTS INCLUDE REJECT Comments: None. All previous comments acknowledged. POLICE 1. Landscaping shall not conflict with lighting to include long-term X tree canopy growth. 2. Landscaping should not obstruct view from doors, windows or X walkways. 3. Security measures at the construction site should include a fenced X staging area to store equipment and park machinery. 4. The staging area must be visible from an accessible roadway to allow effective police patrol. Lighting must allow complete visibility X to the area. Quality padlocks are recommended for all storage trailers and equipment trailers, and park within staging area. BUILDING 1. Prior to issuance of a building permit, provide finished floor X elevations to be at least 12" above the crown of the road PUBLIC ART Comments: None. All previous comments acknowledged. PLANNING AND ZONING Comments: 1. An application for a variance (ZCVL-2023.06.4139) was submitted to obtain relief from the Electric Charging Stations requirement of the Sustainable Development Standards. Approval of the New Major Site Plan and Master Plan applications are contingent upon X the approval of the Variance application. Should the Variance not be approved, the applicant shall provide Electric Charging Stations in accordance with Part III, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards Table 2-1). 2. Approval of the Major Master Plan and Site Plan applications are contingent upon approval of the Rezoning application (REZN- X 2023.06.4139). 3. The project's approval is conditioned upon its participation in the City's Workforce Housing Program (Part III, Chapter 1, Article V, X Section 2). 4. Prior to the issuance of a building permit, recordation of a restrictive covenant for the workforce housing shall be executed and provided to the city. 5. Prior to approval of any building permit, landscape buffers and strips shall be platted as a separate tract and maintained by the X residents as the project's common area (separate from the townhomes and single-family residential lots) to ensure that the 1118 Pulte Cottage District (NMP, NWSP-2023.06.4139) Conditions of Approval Paqe 4 of 4 DEPARTMENTS INCLUDE REJECT required landscape buffer is not disturbed. 6. For permit review and approval, provide additional landscaping along Lot 1 to further buffer and beautify the residential building X wall visible from Seacrest Blvd. 7. For permit review and approval, provide a landscape easement on Lot 1 of the 5' landscape buffer. X 8. For permit review and approval, list the numerical building envelope setbacks on the typicals (front, rear setbacks). X 9. For permit review and approval, remove notes of "optional" on all townhome design features and embellishments shown on sheet X B4.3-CO1 of the Architectural Plan. 10. For permit review and approval, identify the proposed signature trees on the Landscape Plan. X 11. For permit review and approval, provide elevations of the covered bicycle rack. X 12. Prior to a building permit, provide a Sustainable Bonus Program acceptable to City Staff. Should the Sustainable Bonus Program require a change to the project site plan, a Minor Site Plan X modification may be required. 13. Should the Sustainable Bonus Program include any educational materials for residents as part of its requirements, the applicant shall provide the entire package/program and be deemed X acceptable to City Staff prior to approval of a building permit. 14. Homeowner's Association (HOA) or Property Owner's Association (POA) documents shall require garages to remain clear and available for vehicle parking or storage only. Residential storage X that impedes on the minimum required area required for parking within the garage is prohibited. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments acknowledged. X CITY COMMISSION CONDITIONS Comments: TBD 1119 F, R Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Approve request for a New Major Site Plan (NWSP-2023.07.23617) application for 3800 S. Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72 -acre site located at 3800 S. Congress Avenue, in the M-1 (Light Industrial) zoning district. Requested Action: Approve the New Major Site Plan (NWSP-2023.07.23617). Explanation of Request: The subject 30.72 -acre property is located within the southern portion of the city near the south city limits and consists of one developed parcel. The site was developed in 1970 and currently contains a ±125,281 square foot multi -tenant building. The site has undergone several minor modifications to improve the building and site. The applicant is requesting approval of one New Major Site Plan application (NWSP- 2023.07.23617), which proposes to redevelop the site to construct two (2) multi -tenant industrial warehouse buildings, totaling approximately 457,026 square feet, with a surface parking lot containing a total of 462 parking spaces and other associated site improvements. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Staff Report.docx Exhibit A - Location Map.pdf Exhibit B - Existing Zoning.pdf Exhibit C - Justification Statement.pdf Exhibit D - Project Plans.pdf Exhibit E - Conditions of Approval.doc DO - NWSP-2023-07-23617.doc 1120 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. PZ 24-002 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder Senior Planner DATE: February 6, 2024 PROJECT: 3800 South Congress Avenue (New Major Site Plan - 2023.07.23617) REQUEST: Approve request for a New Site Plan (NWSP-2023.07.23617) application for 3800 S Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72 -acre site, located at 3800 S Congress Avenue, in the M-1 (Light Industrial) zoning district. PROJECT DESCRIPTION Property Owner: Bethesda Hospital Inc. Applicant: Jared Smith, Bethesda Hospital Inc. Agent: Beth Schrantz, Dunay Miskel and Backman, LLP Location: Generally located between S Congress Avenue and Interstate 95, and between Neptune Drive and Monterey Bay Drive (see Exhibit "A" — Location Map) Existing Land Use: Industrial (1) Proposed Land Use: Industrial (1) Existing Zoning: Light Industrial (M-1) Proposed Zoning: Light Industrial (M-1) Proposed Use: Two (2) multi -tenant industrial warehouse buildings totaling ±457,026 square feet in size for warehousing, wholesale, and distribution uses. Acreage: 30.72 acres 1121 3800 South Congress Avenue (NWSP — 2023.07.23617) Memorandum No PZ 24002 Page 2 Adjacent Uses: North: Industrial warehouse buildings classified Industrial (1) land use and zoned Light Industrial (M-1), then further north, right-of-way of Neptune Drive; South: Multi -family townhome development (Monterey Bay) classified Medium Density Residential (MDR) land use and zoned Planned Unit Development (PUD); East: Rights-of-way of the Seaboard Coastline Railroad (CSX) and Interstate 95, then developed properties classified Low Density Residential (LDR) and zoned Single -Family Residential (R -1 -AA); West: Right-of-way of South Congress Avenue, then developed residential property (Hunters Run) classified LDR and zoned PUD. PROPERTY OWNER NOTIFICATION A notice of the request was mailed to property owners within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: The subject 30.72 -acre property is located within the southern portion of the city near to the south city limits and consists of one developed parcel. The site was developed in 1970 and currently contains a ±125,281 square foot multi -tenant building. The site has undergone several minor modifications to improve the building and site. The applicant is requesting approval of one New Major Site Plan application (NWSP-2023.07.23617), which proposes to redevelop the site to construct two (2) multi -tenant industrial warehouse buildings, totaling approximately 457,026 square feet, with a surface parking lot containing a total of 462 parking spaces and other associated site improvements. ANALYSIS Traffic: The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 155 new daily trips, a reduction of 14 a.m. peak hour trips and 1 new p.m. peak hour trip. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project generates less than 21 new trips and the impacts are insignificant; therefore, the project meets the TPS of Palm Beach County. School: School concurrency is not required for non-residential projects. Utilities: The City's Utilities Department has reviewed the site plan application, and the applicant has addressed all comments during the DART (Development 2 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@440BF6D6\@BCL@440BF6D6.docx 1122 3800 South Congress Avenue (NWSP — 2023.07.23617) Memorandum No PZ 24002 Page 3 Application Review Team) review process. The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. All utilities/civil plans will be further reviewed by Utilities during the Commercial Site Improvement permit review process. Police/Fire: The Police and Fire Departments have reviewed the site plan, and the applicant has addressed all review comments during the DART review process. Police provided basic conditions of approval regarding conflicts between lighting and landscaping, and staging of equipment during construction (Exhibit E — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit review. Drainage: Conceptual drainage plans and information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until building permit review. Environmental: The applicant conducted an environmental analysis of the site, including wetlands and species. The analysis found evidence of wetlands and Florida State listed species within the subject property. In order to comply with the Land Development Regulations and all respective regulatory agencies, the project is conditioned to provide approval of an Environmental Resources Permit, proof of mitigation completion of suitable foraging habitats for woodstork, a completed survey for gopher tortoise and burrowing owls, and approval of a permit to excavate burrows if found on site (Exhibit E — Conditions of Approval). Access: The site currently has one point of ingress/egress located at the northwest area of the site. The project proposes to maintain the single point of ingress/egress with a slight modification to the location of the driveway and drive aisle to accommodate the truck circulation. Sidewalks with a minimum width of 6.5 feet have been provided throughout the site and also provides a direct pedestrian connection to the existing bus stop located at the northwest side of the property on South Congress Avenue. In addition, crosswalks are being provided across heavy internal traffic areas. Parking: Off-street parking regulations require one (1) parking space per 500 square feet of multi -tenant warehouse uses. As previously mentioned, the site plan (Sheet C-300) proposes a total of 457,026 square feet of warehouse space, which would require 915 parking spaces, based upon the standard parking requirements of a multi -tenant warehouse/distribution use. The applicant requested a parking reduction for sustainability, pursuant to Part III, Chapter 4, Article V, Section 3.G. which allows a parking reduction of one (1) parking space per 1,000 square feet of multi -tenant warehouse building in lieu of the standard requirements. A parking analysis was submitted by the applicant in support of the parking reduction, and the applicant has met all criteria listed within the aforementioned code section. As such, the project proposes a total of 462 surface parking spaces in 3 Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@440BF6D6\@BCL@440BF6D6.doex 1123 3800 South Congress Avenue (NWSP — 2023.07.23617) Memorandum No PZ 24-002 Page 4 compliance with the parking reduction. Staff has conditioned that the project provide operational rules and procedures in detail that would encourage transit usage and/or carpooling, implement lease restrictions to limit the quantity of customer focused businesses, and provide other strategies to offset any realized parking deficiencies (Exhibit E — Conditions of Approval). All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The Landscape Plan indicates that the project would add a total of 632 trees and palms: 387 trees, 245 palms, and shrubs/vines/groundcover plants. Trees are being placed throughout the site within the perimeter landscape buffers, landscape islands, and foundation landscape areas. Trees are also proposed within the upland buffers of the wet retention areas at the east and west of the project site that will assist with storing and absorbing water during rain events. Palms have been limited to areas near the building foundation for both warehouse buildings. The project has been conditioned to ensure that trees located within the foundation landscape areas are planted at no less than half the height of the building (Exhibit E — Conditions of Approval). A Type 2 Landscape Buffer, required between incompatible zoning districts, is proposed along the south and west property lines between the warehouse development and the currently -existing multi -family townhomes (Monterey Bay) located south of the project site. In addition to the requirements of the Type 2 Landscape Buffer, the applicant proposes understory trees along the southern most property line to provide additional screening and buffering to the abutting multi -family residential property. Along the north property line, a Type 1 Landscape Buffer (required between developments of similar intensity) is proposed between those proposal and the existing developed industrial properties. Landscaping consisting of a berm and continuous hedge is provided along South Congress Avenue and signature trees are planted along each side of the entry drive aisle. Building and Site: The proposed site area totals 30.72 acres. A total of two single -story buildings are proposed to be constructed, one building totaling 223,249 square feet, and the other at 233,777 square feet, providing a total of 457,026 square feet of warehouse space. The loading court is centrally located between both buildings, therefore it is completely screened from view from the adjacent right-of-way. Drive aisles are provided along all sides of the buildings allowing for easy vehicular circulation. As noted previously, parking will be accommodated on site utilizing a surface parking lot, which can be accessed via the ingress/egress point at South Congress Avenue. Parking is located along the east, west, and south sides of the buildings and will be adequately screened with the proposed perimeter landscaping. 4 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@440BF6D6\@BCL@44OBF6D6.docx 1124 3800 South Congress Avenue (NWSP — 2023.07.23617) Memorandum No PZ 24002 Page 5 Setbacks: The M-1 zoning district requires a front building setback of 15 feet, rear setback of 20 feet unless abutting a railroad right-of-way, which allows for a 10 foot setback, and an interior side setback of 15 feet unless abutting a residential zoning district, which requires a 30 foot setback. The proposed building complies with all required setbacks. The setbacks for the proposed project are as follows (sheet C-300): Building Setbacks Required Provided Front (S Congress Avenue) 15' 309' Interior Side (north) 15' 61.3' Interior Side (south - residential) 30' 94.4' Rear (abutting railroad ROW) 10' 56.8' Building Design: The proposed building design is an expression of tilt wall construction, which at a base level involves employing horizontally cast panels that are then tilted in place with a crane. The main design intent for the project is creating two simplified modern buildings that invite local activity into the site. Earth -tone secondary colors are selectively used to compliment the primary white color used throughout the project. The scale of the buildings is strategically broken down to smaller surface areas by overlapping grey tilt -up panels textured with horizontal reveals. Copper painted canopies add hierarchy to the tenant entrances, frame the office glazing, and provide shelter from the elements at a human scale. Lastly, the white primary facades use the grey vertical and horizontal reveals and recesses to divide the tilt -up panels and create a visual rhythm to the perspectival experience of the community. Sustainability: According to the City's Sustainable Development Standards, new non- residential developments consisting of a size greater than one (1) acre shall achieve at least twenty-five (25) points. Projects are required to incorporate a mix of sustainable site and building design features which are listed in the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The project proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction — 25% of the non -roof impervious site. 2 Efficient Cooling - All air conditioners are Energy Star qualified. 2 Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 solar water heaters. Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 5 Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@440BF6D6\@BCL@440BF6D6.doex 1125 3800 South Congress Avenue (NWSP — 2023.07.23617) Memorandum No PZ 24002 Page 6 Energy Star Appliances - All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a minimum 2 R-19 in walls and R-38 in the ceiling. RECYCLE AND WASTE REDUCTION Building Material — A minimum of 50% of the building materials used are to be green materials, recycled, locally -produced 2 materials, or sustainably -harvested wood. WATER CONSERVATION AND MANAGEMENT Reuse Water — Utilization of reuse water for irrigation (if 2 adjacent to site). Rain Water Reuse — At least 75% of rain water from the roofs 4 of structures is captured and recycled for landscape irrigation. URBAN NATURE Tree Canopy - Provide canopy trees in an amount that 5 exceeds the minimum number of required trees by 25%. OTHER The development exceeds the minimum 5% required butterfly 1 attracting landscape materials by providing 23%. Total Points 25 Lighting: The Photometric Plan (Sheet EPHS-1.1) shows 15 freestanding light pole fixtures 25 feet in height. The height is consistent with guidelines and requirements of the Land Development Regulations (LDRs), and does not exceed the proposed building heights. The site lighting is also designed to prevent spillage onto abutting properties, which is in compliance with LDRs. Public Art: The project is subject to the Art in Public Places requirements. The applicant has coordinated with the Public Arts Coordinator and has elected to pay a Public Art fee in lieu of placing public art within the project. According to the proposed construction estimate, the project would have an art fee of approximately $374,246. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan and recommends APPROVAL subject to satisfying all conditions indicated in Exhibit E — Conditions of Approval. Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval. 6 Q\Users\EASYPD-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@440BF6D6\@BCL@440BF6D6.doex 1126 1127 1128 umuw UNAY Gn„wir't^ Iftcuu�aay ddral:nI, q"1df°uraosu•n CIhnmWgooma Irfflw*nku Io11nIII im, I114i5keIt I IIlIcfka a son D VId I I1114IM edge Scottllt.aclkitran d..e Zachwiacdws kffft ey SclhIwIdIm 11::o iic Cauttsa in Maltl eww Ilt Cott Saii a 1fPauucrpso n Foundry Commercial 3800 South Congress Avenue Statement of Use and Justification for Major Site Plan Approval and Parking Reduction for Sustainability Bethesda Hospital, Inc. ("Petitioner") owns the +/- 30.72 -acre property located at 3800 South Congress Avenue ("Property"), which is generally located on the east side of Congress Avenue between Summit Drive and Neptune Drive in the City of Boynton Beach ("City"). The Property is identified by Parcel Control Number 08-43-46-05-00-000-7010, has a future land use designation of Industrial, and is located within the M-1, Light Industrial, zoning district. The Property was originally approved for and developed as the +/- 125,281 square foot UPS Communications Data Center and has most recently been used as the Bethesda College of Health Services. The existing building is aging, and the existing use is no longer the highest and best use for the Property. In order to provide much needed warehouse space in the City, Foundry Commercial proposes to redevelop the Property with an industrial warehouse facility inclusive of two (2) buildings — one (1) comprised of 223,249 square feet and the other containing 233,777 square feet for a total of 457,026 square feet, with a loading court oriented centrally located between the buildings to ensure appropriate screening from adjacent roadways and properties. A Special Reduction for Parking for Sustainable Development is required to develop the Project with 462 parking spaces in lieu of the 914 parking spaces typically required. In order to develop the Property as intended, Petitioner must obtain Site Plan approval. In support of the Site Plan, Petitioner will demonstrate compliance with Chapter 3, Article III, Section 6.A, M-1 Industrial District Regulations, and Chapter 3, Article III, Section 4.D., Site Development Standards, of the City's Land Development Regulations ("LDR"). Petitioner will also incorporate sufficient design options from Chapter 4, Article XIII, Sustainable Development Options and Points. Chapter 3, Article III, Section 6.A — Industrial District Regulations: 1. General Response: The purpose of the M-1 zoning district is to implement the industrial (1) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this district is to allow industrial uses that provide opportunities for the retention and expansion of economic activities associated with manufacturing, processing, or assembly plants, including their support enterprises for warehouse, storage, distribution, research, and development. The Project offers a substantial amount of multi -tenant warehouse that is 14 S E, 4fir SO r et, LfltO 16, I:3cc w Raton, F: L 33432 11d l561 1405-3300 F;ax� f5611 4M2W www, cdInlwb9.ama oIn 1129 consistent with the intent of the Industrial land use category and M-1 zoning, in a strategic location between the heavily trafficked Congress Avenue right-of-way and the FEC Railway. 2. Use(s) Allowed. Response: As mentioned, the Project is proposed to include Warehouse uses with ancillary loading facilities. Per Table 3-23, Use Table Matrix, Warehouse is a permitted use in the M-1 zoning district. 3. Building and Site Regulations. Response: The Project complies with the building and site regulations for the M-1 district. Specifically, the Project complies with the minimum lot area, minimum lot frontage, minimum setbacks, maximum lot coverage, maximum Floor Area Ratio (FAR), maximum structure height, and minimum open space as depicted on the site plan (SP -1) and provided below. Site Development Standards Development Standard Required Provided Minimum Lot Area 10,000 sq ft 30.72 acres Minimum Lot Frontage 0 feet 178.8' Minimum Yard Setbacks Front 15 feet 309.0' Rear 10 feet 56.8' Interior Side 15 Feet 61.3' Interior Side Abutting Residential Districts 30 feet 94.4' Corner Side 15 feet 88.4' Maximum Lot Coverage 60% 34% Maximum Floor Area Ratio (FAR) 0.50 0.33 Maximum Structure Height 45 feet 44'-10" 4. Review and Approval Process. Response: The Project requires Site Plan approval, which is sought through this application. As such, the Project complies with the requirements for Review and Approval Process. 5. Parking. Response: Pursuant to the minimum off-street parking standards in Article V, Section 2, the Project is required to provide a minimum of a minimum one (1) parking space per 500 square feet, which requires 914 off-street parking spaces. The Project provides a minimum one (1) parking space per 1,000 square feet — a total of 462 off-street parking spaces, which is allowable through a Special Reduction for Off -Street Parking for Sustainability in accordance with Chapter 4, Article V, Section 3.G.2 of the City's LDRs. Page 2 of 8 1130 Additional information regarding the Project compliance with the reduction criteria is provided below. 6. Exterior Storage of Merchandise and Equipment. Response: Exterior storage of merchandise or equipment is not currently provided on the site plan. LDR Chapter 4 — Site Development Standards The Project complies with the site development standards set forth in LDR Chapter 4. The standards address environmental protection, landscape design and buffers, exterior building and site design, signage, off-street parking, parking/loading standards, exterior lighting, utility and infrastructure design, building, construction, and historic preservation, flood prevention, excavation and fill regulations, fertilizer use, and sustainable development standards. Chapter 4, Article XIII, Sustainable Development Options and Points The Project exceeds the minimum required Sustainable Development Options and Points as follows: SUSTAINABILITY POINTS Heat Island Reduction 2 Efficient Cooling 2 Efficient Water Heating 2 Cool Roof 2 Lighting 1 Energy Star Appliances 2 Insulation 2 Building Material 2 Recycle Station/Dumpster Area 1 Reuse Water 2 Rain Water Reuse 4 Tree Canopy 5 Butterfly Attracting Landscape 1 TOTAL 28 Chapter 4, Article V, Section 3.G.2, Special Reduction for Off -Street Parking for Sustainable Development As noted above, the Project is designed to provide 1 parking space per 1,000 square feet of Warehouse use rather than the standard requirement of 1 parking space per 500 square feet of Page 3 of 8 1131 Warehouse use, which is allowable through a Special Reduction for Off -Street Parking for Sustainable Development in accordance with Chapter 4, Article V, Section 3.G.2 of the City's LDRs. Petitioner will demonstrate below that the Project is eligible for this reduction and meets the development requirements. A Parking Demand Study is also included with this application in support of the requested parking reduction. 1. Applicability a. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. Response: The Property is immediately adjacent to the nearest bus stop, commonly referred to Congress Avenue @ Building 3800 SE Entrance for Palm Tran Route #2. The Property has direct access to the bus stop via the public sidewalk. The Palm Tran Route #2 connects the Property to the Delray Beach Tri -Rail Station, which is a regional transportation facility. As such, the Project is eligible for a special reduction in parking for sustainability. 2. Development Requirements a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces, or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. Response: Provision of an additional 457 parking spaces would require an additional +/- 91,400 square feet (+/- 2.1 acres) of paved area for parking spaces, not accounting for the additional impervious area that would be required for necessary access aisles and curbing. The Project is designed to provide 4% (53,527 square feet) more open space than is required by the City's LDRs, in addition to provision of 13% (173,961 square feet) of the Property as pervious retention areas. As such, the Project complies with this criterion. b. Accommodate fuel efficient vehicles through provision of covered and well -illuminated locations with apparatus for parking and locking of bikes and low -powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. Page 4 of 8 1132 Response: Convenient and well -lit locations for bicycle parking are provided in close proximity to each building. In addition, electric vehicle parking is provided throughout the development. As such, the Project complies with this criterion. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. Response: The Project does not propose motorcycle parking spaces. A such, the Project complies with this criterion. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize accessibility and convenience. Response: The Project is designed to include forty-five (45) compact parking spaces, which is less than 10% of the required parking. A such, the Project complies with this criterion. e. Provide efficiency in parking design including consideration for space -conserving tandem spaces when functionally feasible. Response: Tandem parking is not functionally feasible for the proposed Warehouse use. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). Response: The Project is designed to provide twenty (20) vehicle charging spaces for 457,026 square feet. As such, the Project complies with this criterion. g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. Response: The Project is designed for maximized pedestrian connectivity. Each building has direct access to the parking area. In addition, convenient connection is provided around the buildings and to the existing pedestrian network on Boynton Beach Boulevard, which provides safe and efficient connections to the north and south. As such, the Project complies with this criterion. Page 5 of 8 1133 h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off -set the realized deficiency. Response: This request entails reduction of 457 parking spaces. As detailed in the Parking Demand Study, the parking is anticipated to be more than sufficient to meet the demands of the Project. In addition, parking could be provided in locations currently proposed as open space or retention if a shortage exists in the future, as shown on the Parking Contingency Exhibit included with this application. Further, operational standards that may be put into place if a parking deficiency is realized are establishes in the Parking Contingency Plan included with this application. As such, the Project complies with this criterion. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. Response: Unless the tenant's lease specifically limits tenant's parking to its proportionate share of the parking for the overall park, the property management will require that each tenant promote a ride-sharing/carpool program for its employees. As such, the Project complies with this criterion. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. Response: Property management will require that each tenant maintain bus/train schedules for employees in their bays. As such, the Project complies with this criterion. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. Response: The Project is located immediately adjacent to a mass transit stop with a direct connection to the nearest transit facility. As such, no shuttle is necessary. As such, the Project complies with this criterion. Page 6 of 8 1134 I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. Response: The development is a non-residential development. As such, this criterion does not apply. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low -powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information" Response: The referenced sign and tenant information sheet will be provided. As such, the Project complies with this criterion. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. Response: Appropriate operational rules regulating the maximum number of vehicles per unit and incentivizing a minimization of total vehicle will be established by the property management. In addition, As such, the Project complies with this criterion. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. Response: An operation rule will be established and implemented prohibiting operators, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the Project. As such, the Project complies with this criterion. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. Page 7 of 8 1135 Response: Petitioner consents to providing a report containing evidence of the continued compliance with the requirements herein upon request by the City. As such, the Project complies with this criterion. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Site Plan and special reduction in parking for sustainability. 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Fac s 10 m Pg slinH INN-LIM NV]d 3dVOS(INVI VOIHO -U'HOV30 NOiNA09 ou �u 00 m < SSS] JDNOO S 008C C) z 0 00 Lu co co 0 /7J/ m H! ou �u 00 m < r Tm C) z < im < p TFF On 5H . . . . . . . . . . 1 2 t P v P 1 z 0 00 Lu co co 0 /7J/ m H! ou �u 00 m < r Tm C) z < im < p On 5H z 0 00 Lu co co 0 /7J/ m ou �u 00 m < r Tm C) z < im < Is" J Q LU O �U z n - F- ,u d (5 J U) ` w w o E m �. O O Ng 2 ____-__ O w' IN I --'—I - ---- H . a H ori no m 9 o 13w' ago°syr vl CD M 9 p g g ,oi P-4 p d IM H a z 5 Y .p ...E r W "s x H GU F, H 19 y £ a C r P m w � OP >� a ul N 8 = Y W L C C7 € a Y 8 € a pg Eea b5L4 J — U LU LU p0 U O Q d a =2J LLw r (' i m EXHIBIT "E" Conditions of Approval Project Name: 3800 S Congress Avenue File number: NWSP-2023.07.23617 Reference: 3rd review of plans identified as a New Major Site Plan with a December 7, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES At the time of permitting, the applicant shall: 1. Submit plat for review, approval, and recording in accordance with X 2010 LDR, Chapter 2, Article III, Section 2. 2. Submit site engineering plans consistent with the corresponding site plan and final plat, and comply with the standards and requirements pertaining to paving, grading, and drainage as X described in the city's Code of Ordinances, Land Development Regulations, Engineering Design Handbook and Construction Standards, and as regulated by the South Florida Water Management District and other external agencies. 3. Remit the Engineering fees in the amount of 2.3% of the required improvements based on the cost estimate of a duly licensed X professional in the State of Florida. Utility fees shall be coordinated directly with the Utilities Department. 4. Provide a surety in a form acceptable to the Boynton Beach City Attorney per 2010 LDR, Chapter 2, Article III, Section 6. The amount of surety shall be equal to or greater than one hundred ten percent (110%) of the required improvements based on the cost X estimate of a duly licensed professional in the State of Florida. Surety for required utility system improvements shall be coordinated directly with the Utilities Department. 5. Provide a copy of all permits as required from other permitting agencies, including but not limited to South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), X Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM). 6. Provide the city with a detailed construction mitigation plan together with the following information: o Construction schedule, phasing, staging, and storage X o Construction fencing, ingress/egress and sight triangles 1155 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paqe 2 of 6 DEPARTMENTS INCLUDE REJECT o Construction personnel parking — if an off-site location is secured for this purpose, verify that a tram or shuttle will be provided between the construction site and the parking area(s) and provide a copy of the agreement with the property owner o Construction traffic routes and delivery schedules o Dust control and street cleaning plan o Construction refuse removal in adherence to City's ordinance, Sec. 10-26(a). Contact the Public Works Department (561-742-6200) for a roll -off container o Hours of work in adherence to City's noise ordinance Sec. 15-8 o MOT plans for proposed closures/detours affecting vehicular or pedestrian travel o Hurricane preparedness plans in the event of a hurricane warning and/or watch Prior to issuance of any construction or building permit, the applicant shall: 7. Record the final plat in accordance with 2010 LDR, Chapter 2, X Article III, Section 2. 8. Obtain a Land Development Permit (LDP) for all required improvements in accordance with 2010 LDR, Chapter 2, Article III, Section 3. The review of an LDP application may occur X concurrently with the review of a final plat, but in all instances, the LDP shall not be issued until the final plat is approved. 9. Prior to commencement of any construction, the Engineer of Record shall schedule and attend a pre -construction meeting X with City's Utilities and Engineering Division. Contact Milot Emile at 561-742-6407 or EmileM@bbfl.us. UTILITIES 10. The reference permit is a for a site plan; therefore, all the water and sewer or civil drawings plans are submittal as referenced documents. The applicant shall submit for the CSIT X (Commercial Site Improvement) permit where all the utilities/civil plans, and documents would be reviewed for approval. 1156 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paqe 3 of 6 DEPARTMENTS INCLUDE REJECT FIRE All previous comments acknowledged. POLICE 11. Landscaping shall not conflict with lighting to include long-term X tree canopy growth 12. Landscaping should not obstruct view from doors, windows or X walkways. 13. Timer clock or photocell lighting for nighttime should be used. X 14. Suggest using high quality security cameras throughout the X property to include the public entrances and loading zone areas. 15. Security measures at the construction site should include a fenced X staging area to store equipment and park machinery. 16. The staging area must be visible from an accessible roadway to X allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Quality padlocks are recommended for all storage trailers and equipment trailers, and park within staging area. BUILDING All previous comments acknowledged. PUBLIC ART 17. The public art fee is equal to 1 % of the construction value of the X project and shall be paid in 2 installments: 0 30% of the public art fee is due as a condition of issuance of the building permit; 0 70% of the public art fee is due as a condition of issuance of the final certificate of occupancy. PLANNING AND ZONING For permit review and approval, the applicant shall address following conditions: 1157 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paqe 4 of 6 DEPARTMENTS INCLUDE REJECT 18. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, X radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 19. The Site Plan indicates that the proposed project will impact the existing wetland areas identified on the survey. The submitted Natural Resources Assessment report found wetlands and Florida State listed species within the subject property, which will be impacted by the proposed development. In order to comply with the Land Development Regulations (LDRs) and all respective regulatory agencies, the following must be provided prior to any permit approval: a. Approval of an Environmental Resources Permit from South Florida Water Management District in regards to the stormwater management system and the mitigation for the X existing wetland areas; b. Proof of mitigation completion of suitable foraging habitats for wood stork; c. A completed survey for gopher tortoise and burrowing owls; d. Approval of a permit to excavate burrows if found on site as required by the Florida Fish and Wildlife Conservation Commission. 20. Revise the quantity of proposed parking spaces within the Site Data Table on the Parking Contingency Plan Exhibit to be X consistent with the number of parking spaces depicted on the Parking Contingency Site Plan (Sheet EX -1). 21. Revise the contingency plan to include operational rules and procedures in detail that would encourage transit usage and/or carpooling, implement lease restrictions to limit the quantity of customer focused businesses, and provide other strategies to X offset a realized parking deficiency in accordance with the requirements of Parking Reductions for Sustainability (Part III, Chapter 4, Article V, Section 3.G.2.i, j, & n). 22. Update the Landscape Plan to depict the specific location of trees within the upland buffer and update the proposed lake planting list X to include the total length of the lake perimeter and the perimeter occupied by littoral plantings and upland plantings. 1158 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paqe 5 of 6 DEPARTMENTS INCLUDE REJECT 23. Revise the drawings to reflect the required enclosure wall and gates for a lift station to be screened from public view and provide color detailed elevation drawings to match with the principal structure (Part III, Chapter 4, Article VI, Section 4.C). Additionally, X shrubs proposed around perimeters of the lift station shall be maintained at a minimum of one-half (1/2) the height of the enclosure wall (Part III, Chapter 4, Article II, Section 6.1-1). 24. Revise the Landscape Plan to provide one additional colorful X shrub species on the south side of the entry driveway opening. 25. The proposed location of the bus shelter interrupts the continuity of the landscaping abutting the adjacent right-of-way. Revise the X Landscape Plan to show continuity of the landscaping along the rear of the bus shelter. 26. The applicant shall dedicate a 10'x 30' easement and place, at their cost, a bus shelter in coordination with the Palm Beach X County Palm Tran. 27. Provide bike rack details including their canopy. Pursuant to Chapter 4, Article III, Section 9.B.2.d., a separate canopy for bike X racks shall be provided. 28. Easements may overlap a required landscape strip or perimeter buffer by a maximum of five (5) feet. Revise the landscape plan to relocate the proposed landscape buffer type 1 to provide a X maximum overlap of five (5) feet with the proposed 6 -foot utility easement along the north property line. The required shrubs and trees shall be located within this landscape buffer. 29. Update the landscape plans to correctly label the location of the landscape buffer type 2 along the south property line. The label currently depicts the 15 -foot buffer located within the proposed drainage easement, however, most of the required components are located outside of this labeled area due to the drainage X easement. Easements may overlap a landscape buffer by a maximum of five (5) feet, or as otherwise approved by the Director of Planning and Zoning or their designee of an Alternate Landscape Plan for this area in accordance with Part III, Chapter 4, Article II, Section 5. 30. Revise the height of the trees within the foundation landscaping to X be planted at no less than one-half the building height. 31. A sign program is required prior to the issuance of any building X permits. 1159 3800 S Congress Ave (NWSP-2023.07.23617) Conditions of Approval Paqe 6 of 6 DEPARTMENTS INCLUDE REJECT 32. Provide a note on the Photometric Plan indicating that warm white LED lighting will be used for all exterior lighting. X CITY COMMISSION CONDITIONS Comments: TBD 1160 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 3800 S Congress Avenue (NWSP-2023.07.23617) APPLICANT: Jared Smith, Bethesda Hospital Inc. APPLICANT'S ADDRESS: 2815 S Seacrest Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 6, 2024 APPROVAL SOUGHT: Approve request for a New Site Plan (NWSP-2023.07.23617) application for 3800 S Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72 -acre site, located at 3800 S Congress Avenue, in the M-1 (Light Industrial) zoning district. LOCATION OF PROPERTY: 3800 S Congress Avenue DRAWING(S): SEE EXHIBIT "D" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40AOA80\@BCL@C40AOA80.doc 1161 DATED: City Clerk 1162 9.A City Manager's Report 02/6/2024 City of Boynton Beach Agenda Item Request Form Meeting Date: 02/ 6/2024 Presentation by the Community Standards Department. Requested Action: No action needed. Explanation of Request: Community Standards staff will be updating the Commission on some of their recent activities, successes, and upcoming initiatives. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: 2023-11-21 Community Standards Department Presentation. pptx 1163 olllt� JOY,qY . . . ....... . 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N C:Oi Wc +_ -0ai L cu m U C: Q U O 0 CM •� O U Lo 0 O c o O > Q - U +r O C� o N O a) i V E C6 U U) co U) O E (u L U oE o o o o o CO CD � � N U 0 N 4� E moo' O .� U) Co — O E O O E� O) c- 4-0 E E V O Uo ��a� U)U O N �� U 2 O U C� > CL� C-) 0 0 L QL Q Q U) .C: m 6) W U ■m O CD 00 T T i _N i 0 C: O O m co E0 O O O ^� (D o U 4--J N .� Cl) O O O U U O E (o O N o 0 0 0 0 CD 00 T T T 00 T T N 00 T T �W All " y "' C"1411 0 .: ®� g y\�� /\� y > ��,K:rma : ?} \y \ `` � } .. \\ \� � « « � �� « \ ^ \ \� » \� � \ ©° : � .� � « \\ \.\�; © . <� : \\°�� : � \ m 00 N >1 ^f, W O Q L W O L c\ a"i O MM� 00 ° o 4-4 c cmo _ o O � -0 V/ o co (D EL 4-1 O O U a) � cnU E CL m O U N U N Q c _ = N m L L N Q i -0 0 > > O O O O O Q ;6 C Co % C O) (6 cn 2-- V Ca N m O O O O Iq 00 T T J 12.A Legal 02/6/2024 Proposed Ordinance No. 24-002- First Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. (Tabled from January 16, 2024). Requested Action: Approve Proposed Ordinance No. 24-002 on First Reading. Explanation of Request: The ordinance repeals antiquated sections of the City Code and establishes the powers, duties, responsibilities, and authority of the City Attorney. Fiscal Impact: This is a budgeted item. Attachments: Ord iannce_24-002-_City_Attorney (1).pdf business -impact -estimate -City Attorney Ordinance.pdf 1186 1 ORDINANCE NO. 24-002 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REPEALING SECTIONS 2-5, 2-6, AND 2-7 OF THE 5 CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN 6 CHAPTER 2, ADMINISTRATION, ARTICLE 6, ENTITLED "CITY 7 ATTORNEY"; PROVIDING FOR CODIFICATION, s SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission appointed an in-house City Attorney who began on 12 October 23, 2023, to represent the City; and 13 WHEREAS, the City Charter establishes the general duties of the City Attorney; and 14 WHEREAS, the City's Code of Ordinances refers to the position of a City prosecutor, 15 which is outdated and no longer exists; and 16 WHEREAS, the City Commission deems it necessary to identify additional powers, 17 duties, responsibilities, and authority of the City Attorney; and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best 19 interest of the citizens and residents of the City of Boynton Beach to approve the amendments 20 contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 22 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 23 correct and are hereby made a specific part of this Ordinance upon adoption hereof 24 Section 2: Chapter 2, Article I, In General, Sections 2-5, 2-6, and 2-7 of the Code of 25 Ordinances of the City of Boynton Beach, are repealed in their entirety as follows: 26 See. 2 5. 120448ft Of iffOSeetit0f efe4ed-. CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 1 of 6 1187 l7T�f�EIC'l�lE3SS4SSTlS!ET.tI�!l�fRR'!.� E��A:1 to �R1n1SiS••lFEW R\��i•l�1•/l�T%nl \•1.1\>•�I ��1�14•\•I•�� •Iti•\•�a•fS•l\�/t•/ti•\ 9l%•RS•\9\lA�•\ \ •%•�•I\ Si0 •� t4RJ•S•\ LR••\9 [S AT)••\9\!••1•All•\•/•t•I<�1lS�U\•A1�1RlS\•/A\ISi \•!••1•All•\•/•t\•L L 1•••\R•Sr•1ti••I.1•/••l•••\�/••� �ti•\ ��Jls'I • • • • •/\�LSTISR� �•I ti•l ��I\S`9•/••••••nT)►•I••�%••T-• • I UN qqm %li•iiiti•17�1SSii�/3�l1 r,/. MM i�fi iil�f►f✓�T n7v••/��w Rl�l�•I�R•\ • �: /�•A1�IRRi\•I �\l• �: /\•AlA9RR\�tSi•� !l ��•I••••1•Ii TZSi•\•I•�l•1 ti•l �•/��►•1 �•/� Ii�l�•/�•AI.IRRS\•I �\I•[Si•t•1 STISSSU•nl•►R•�•��1T1•I IR S•\•I•�•I �S•l�l �LA•I••••i•nTl \•I■ 39 Section 3: Chapter 2, Article VI, entitled "City Attorney" of the Code of Ordinances 40 of the City of Boynton Beach, is created as follows: 41 Part II, Chapter 2, Article VI, Entitled "City Attorney" 42 Sec. 2-101. - City Attorney responsibilities. 43 In addition to the duties set forth in Sections 22, 23, and 24 of the City Charter, the City 44 Attorney shall be the head of the City Attorney's office and, in this capacity, shall have the 45 following powers and responsibilities: 46 (a) To act as the legal advisor for the City and all of its officers in all matters relating 47 to their official powers and duties. CODING: Words in*,.arm= type are deletions from the existing law; Words in underscore type are additions. Page 2 of 6 1188 48 (b) To prepare or review all ordinances, resolutions, contracts, bonds, and other written 49 instruments in which the municipality is concerned and shall endorse on each his/her approval of 50 the form, language, and execution thereof with respect to legal sufficient. 51 (c) Prosecute or defend, directly or through other designated counsel, for and on behalf 52 of the city, all complaints, suits, and legal proceedings before any court or other legally constituted 53 tribunal. 54 (d) To attend meetings of the City Commission or delegate as necessary 55 (e) Recommend to the City Commission the adoption of such measures as he/she may 56 deem necessary or expedient. 57 (f) Render opinions and/or reports on legal matters affecting the City as the City 58 Commission may direct. 59 (g) Examine and approve the legal sufficiency of all contracts, franchises, deeds, or 60 other undertakings of the City_ 61 (h) Participate, as he/she deems necessary, in the negotiation process for all 62 transactions affecting the City, as needed, and in all negotiations in which the subject matter of a 63 dispute could foreseeably lead to liti _ ag tion 64 (i) Approve and execute all legal settlements up to $50,000.00, with the concurrence 65 of the City Manager. 66 (i) Perform such other professional duties as ma,, b�quired of him/her by ordinance 67 or resolution of the City Commission. 68 (i) To engage and remove all outside counsel and other legal service providers as 69 he/she deems necessary to accomplish the duties of the office of the City Attorney. All outside CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 3 of 6 1189 70 counsel retained by the City, regardless of the nature or kind of service performed or the title or 71 designation under which they render legal sei vice for the City, shall be under the direct supervision 72 and control of the City Attorney, except special outside counsel or legal services directly ppointed 73 by the City Commission for specific engagements. 74 Sec. 2-102. - Other counsel authorized. 75 The City Commission may, in its discretion, directly associate special counsel in any matter 76 in which the City has an interest, and pay the compensation of such associate counsel. The police 77 and fire pension boards, as well as the Community Redevelopment Agency, may retain their own 78 attorney at their own expense. 79 Sec. 2-103. - Compensation of personnel. so The City Commission may, from time to time, fix the regular compensation of the City sl Attorney at a sum commensurate with the duties which may be imposed upon the City Attorney, 82 either by resolution or the annual budget. The compensation of all other personnel of the City 83 Attorney's Office shall be fixed by the Commission in the annual budget. It shall be paid b. the 84 City in the same manner as the salaries of other City employees are paid. Funds budgeted for 85 unfilled positions may be utilized for temporary services or reallocated to other positions or other 86 budgetary line items, as necessary. 87 Sec. 2-104. - Procurement authority for legal services retained by City Attorney. ss Due to the highly specialized nature of selecting legal services, the provisions of this Code 89 relating to competitive procurement, delegated spending limits, bid protests, and other 90 procurement regulations shall not Uply to retaining services of law firms or other outside counsel 91 for any reason, nor to expert witnesses, appraisal services, legal _ support, trial consultants or similar CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 4 of 6 1190 92 persons or firms deemed by the City Attorney as necessary to address the City's legal needs. These 93 services will be selected by the City Attorney, provided authorized funds are available in the annual 94 budget. Nevertheless, in selecting outside counsel and other legal services, the City Attorna 95 should be mindful of the costs involved and should strive to select those firms and individuals who 96 are the most qualified and who can provide the services to the City at a reasonable cost. 97 Section 4: Codification. It is the intention of the City Commission of the City 98 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become 99 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida and that 100 Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be 101 changed to "Section," "Article," or such other word or phrase in order to accomplish such 102 intention. 103 Section 5: Severability. If any clause, section, or other part of this Ordinance 104 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 105 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the 106 validity of the other provisions of this Ordinance. 107 Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 108 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 109 Section 7. Effective Date. That this Ordinance shall take effect immediately 110 upon passage. 111 CODING: Words inr,.ar�= type are deletions from the existing law; Words in underscore type are additions. Page 5 of 6 1191 112 113 114 115 116 117 118 119 120 121 122 123 124 12S 126 127 128 129 130 131 132 133 134 135 136 137 138 139 FIRST READING this 16th day of February, 2024. SECOND, FINAL READING AND PASSAGE this day of , 2024. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee DeJesus, MMC City Clerk (Corporate Seal) YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Woodrow L. Hay Commissioner —Angela Cruz Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney Page 6 of 6 CODING: Words in st fi r 4wou type are deletions from existing law; Words in underlined type are additions. 1192 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Proposed Ordinance: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING SECTIONS 2-5,2-6, AND 2-7 OF THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN CHAPTER 2, ADMINISTRATION, ARTICLE 6, ENTITLED "CITY ATTORNEY"; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; i See Section 166.041(4)(c), Florida Statutes. Page 1 of 3 1193 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Summary of the proposed ordinance The Ordinance repeals outdated sections in the City's Code relating to a City Prosecutor and creates sections relating to the additional powers, duties, responsibilities, and authority of the City Attorney. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: None. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None. (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or Tees to cover sucn costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate N/A 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): Page 2 of 3 1194 [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). There is no business im Page 3 of 3 1195 12.13 Legal 02/6/2024 Proposed Ordinance No. 24-003- First Reading -An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability, codification; and an effective date. Requested Action: Approve Proposed Ordinance No. 24-003. Explanation of Request: Revisions to Ordinance 21-030, to clarify procedures for the disposition of City -owned property. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: N/A Attachments: Ordinance 24-003 Disposition of City -owned real property- 1.23.24.pdf busi ness-im pact -esti mate. pdf 1196 1 ORDINANCE NO. 24-003 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 CHAPTER 2. "ADMINISTRATION," ARTICLE IV, ENTITLED "PURCHASING & 5 CONSULTANTS," SECTION 2-56(C) IS HEREBY AMENDED TO AMEND THE 6 PROCESS TO DISPOSE OF CITY -OWNED REAL PROPERTY; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. S 9 WHEREAS, the procedures set forth in the ordinance provide greater transparency to the 10 transfer of property and are intended to avoid any appearance of favoritism or undue influence in 11 opportunities to acquire City property and will also provide the added opportunity for public input 12 prior to a transfer; and 13 14 WHEREAS, more detailed procedures for the disposition of City -owned property will provide 15 more competitive opportunities for interested parties to acquire City property; and 16 17 WHEREAS, the City Commission finds it is in the best interest of the public to set forth more 18 detailed procedures for the disposition of public property. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. That Chapter 2, Article IV, entitled "Purchasing & Consultants," Section 2- 25 56(c) is hereby amended by adding the words and figures in underlined type and by deleting the 26 words and figures in struck -through type, as follows: 27 Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. 28 ... 29 (c) Disposition of city -owned property. 30 (1) Power to sell. The City Commission may authorize by resolution the sale, transfer, mor 31 swap of any real property, improved or unimproved, now owned or hereafter acquired by or owned 32 by the city, as provided herein. These procedures supplement any other procedures that may now or 33 in the future be applicable as provided by law or regulation. 34 (2) Disposal of property whic-h that is sufficient in size and of such character as to comprise an 35 independent building site and which that will involve a conveyance of the city's fee simple interest. 36 These parcels typically enjoy access to a public right-of-way and are developable as building sites. CODING: Words in str;l(o +hre gh type are deletions from the existing law; Words in underscore type are additions. Page 1 of 5 1197 37 a. Resolution declaring surplus. Before any improved or unimproved property owned by the 38 city shall be sold or otherwise disposed of pursuant to Cris subsection (2)12, the governing body shall 39 adopt a resolution declaring same surplus. 40 b. Determination concerning surplus. The city governing body shall review and consider the 41 following: 42 1. The legal description (by reference to a recorded plat or government survey); 43 2. The property address by street number, if there be any; 44 3. A description of all improvements located upon the land; 45 4. How said land has been used since same has belonged to the city; 46 S. The current use of the property; 47 6. How the property was acquired and financed; 48 7. The needs of the city; 49 8. Whether disposal is consistent with the City Comprehensive Plan; 50 9. The estimated property value; 51 10. Any relevant property history; 52 11. The property's title; and 53 12. Whether the disposal of the property is precluded by grant provisions of other agencies. 54 e. Publie heaFing. The city governing body shall hold one (1) publie hearing pFiff tO adOptiRg a 55 56 57 %411 C-nAtAin thQ ViavAll-AiAn tiflia and t4e date, tin4e and place Af the hearit4g�. The City QeFk shall 58 59 pesting sueh agenda at least thFee (3) business days pFieF te the QVY Ceuneil meeting. 60 d -.c When appraisals are needed. 61 1. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 62 subsection (2)12 must be appraised by two (2) independent appraisers, who are designated members 63 of the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser 64 to have a value that exceeds $1,000,000.00. 65 2. Any real property that the city proposes to sell or otherwise dispose of pursuant to tfris 66 subsection (2)12 must be appraised by one (1) independent appraiser, who is designated member of 67 the Appraisal Institute, if the property is estimated by the Palm Beach County Property Appraiser to 68 have a value between $100,000.00 and $1,000,000.00. CODING: Words in stM(e thre gh type are deletions from the existing law; Words in underscore type are additions. Page 2of5 1198 69 3. Any real property that the city proposes to sell or otherwise dispose of pursuant to th-i-s 70 subsection (2)b with an which is estimated by the Palm Beach County Proper1YA112raiser to have a 71 value below $100,000.00 shall not require an appraisal. 72 4. Notwithstanding subparagraphs 1:, 2:, and 3: above, no appraisal shall be needed: 73 i. Where the city acquired the property from Palm Beach County as a result of the tax sale 74 process and is returning such asset to the former owner or its successors and assigns; 75 ii. Where the city transfers the property to another governmental entity or agency; or 76 iii. Where the city is exchanging such real property with the private sector for a replacement 77 parcel determined by the city governing body to have similar utility and where the public interests 78 would be served. 79 d. Public hearing. For any property valued over $100.000.00, the city governing body 80 shall hold one (1) public hearing12rior to adopting a resolution declaring the property as surplus. An 81 advertisement for such public hearing shall appear of eeneN^' ^ ulat o at least 82 t -&n seven (487) days prior to the hearing. The advertisement will contain the resolution title and the 83 date, time, and place of the hearing. The City Clerk shall advertise the proposed resolution for public 84 hearing by placing it on the City C-&� Commission agenda and posting such agenda at least three 85 (3) business days prior to the Citv Couneil Commission meetinLi. 86 e. Methods of disposal. 87 1. Methods. The city may dispose of property pursuant to subsection (2)12 utilizing the 88 following methods: negotiation, trade with other governmental entities or agencies, request for 89 letters of intent, sealed bids, or request for proposals. The city may retain professional real estate 90 services to aid in the disposal of property. 91 i. Negotiation. The city may negotiate the sale of real property with a particular person or 92 entity, and no further advertising will be needed to effect a transfer. 93 ii. Sealed bids, requests for letters of intent, and request for proposals. At anytime no more 94 than ninety (90) days after the adoption of a resolution declaring the property surplus, the land may 95 be offered for public disposition, and a notice shall be published by the city' . . er- of genet:a 96 eir-culation in the eity a not less than seven (487) days before sealed bids, letters of intent, or 97 proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, 98 or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters 99 of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable .00 to the city in an amount equal to at least ten (10) percent of the disposition price. .01 iii. Transfer to governmental agencies. The city may sell or transfer any of its property to .02 any other governmental agency,—if the city governing body determines that: 03 A. A transfer of the property to the other governmental agency shall provide a benefit to .04 the city; and 05 B. That the terms received by the city are fair and equitable. CODING: Words in strike thre gh type are deletions from the existing law; Words in underscore type are additions. Page 3of5 1199 M6 iv. Land swap with any private or public landowner, provided the properties are appraised -07 at substantially the same value. In determining substantial value the city may take into consideration -08 the potential increase in value following the swap. -09 f. Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized -10 in th-is subsection (2)12, shall be deposited in the general fund of the city, -or such other fund or account -11 of the city as is determined by the Finance Director. -12 g. Conveyance. In order to convey property pursuant to thi-s subsection (2)12, the city governing 13 body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything 14 pessib! to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, -or -15 terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate -16 the city governing body to adopt any necessary resolution. 17 Section 3. Each and every other provision of Chapter 2, not herein specifically amended, 118 shall remain in full force and effect as previously enacted. 119 Section 4. All ordinances or parts of ordinances in conflict herewith be, and the same are 1120 hereby repealed. �L21 Section S. Should any section or provision of this ordinance or portion hereof, any 11122 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such 123 decision shall not affect the remainder of this ordinance. 24 Section 6. Authority is hereby granted to codify said ordinance. 25 Section 7. This ordinance shall become effective immediately. 26 FIRST READING this 6th day of February, 2024. 27 SECOND, FINAL READING AND PASSAGE this day of 2024. 128 129 CITY OF BOYNTON BEACH, FLORIDA 130 YES NO 131 Mayor - Ty Penserga 132 133 Vice Mayor - Thomas Turkin 134 135 Commissioner - Angela Cruz 136 137 Commissioner - Woodrow L. Hay 138 139 Commissioner - Aimee Kelley 140 141 VOTE CODING: Words in stril(e thre gh type are deletions from the existing law; Words in underscore type are additions. Page 4 of 5 1200 142 143 144 145 146 147 148 149 150 151 152 153 154 ATTEST: Maylee Dejesus, MMC Ty Penserga City Clerk Mayor (Corporate Seal) APPROVED AS TO FORM: Shawna G. Lamb City Attorney CODING: Words in strike thre gh type are deletions from the existing law; Words in underscore type are additions. Page 5of5 1201 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Proposed Ordinance Disposal of City Owned Real Property This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. i See Section 166.041(4)(c), Florida Statutes. Page 1 of 3 1202 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance The proposed Ordinance changes the method by which the City evaluates and disposes of real property. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: None (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or tees to cover such costs. None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate None 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): Page 2 of 3 1203 [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). None Page 3 of 3 1204 12.0 Legal 02/6/2024 Proposed Ordinance No. 24-004- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict, severability, codification and an effective date. Requested Action: Approve Proposed Ordinance No. 24-004. Explanation of Request: Paragraph added to section 2.5-13(b) to differentiate police department false alarm fees from fire department false alarm fees; however, there is no change to the fee schedule. How will this affect city programs or services? Approving the amendments will eliminate confusion regarding the interpretation of the ordinance. Fiscal Impact: None. The Fire Department will continue to collect additional fees for responding to excessive false alarms. Attachments: Ordinance 24-004 Excessive_False_Alarm_Fees_-_Ordinance(v2).pdf Buisness_I mpact_Estimate_1134-2023. pdf 1205 1 2 ORDINANCE NO. 24-004 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2.5, "ALARM SYSTEMS," TO CLARIFY FIRE 5 DEPARTMENT FEES FOR RESPONDING TO EXCESSIVE FALSE 6 ALARMS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, 7 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 8 9 WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution, and Chapter 10 166, Florida Statutes, the City of Boynton Beach, Florida, is authorized to protect the health, safety, 11 and welfare of its residents and has the power and authority to enact ordinances and regulations 12 for valid governmental purposes that are not inconsistent with general or special law; and 13 WHEREAS, the City's Police and Fire Departments respond to several hundred burglary, 14 robbery, or fire alarms annually, of which only a small percentage are found to be valid; and 15 WHEREAS, the City Commission finds that responding to alarm calls is both costly to 16 the City and potentially dangerous to the public; and 17 WHEREAS, since the majority of alarm calls have historically been false alarms, the City 18 Commission finds and determines that alarms need to be regulated by the City, including imposing 19 a penalty for excessive false alarms; and 20 WHEREAS, the City Commission seeks to clarify and strengthen the regulation of alarm 21 systems within the City and in its response area in order to better serve the residents of the City 22 through more efficient use of law enforcement and fire/rescue services; and 23 WHEREAS, the City Commission wishes to approve the amendments to Chapter 2.5, 24 "Alarms Systems" to clarify the fee for responding to excessive false alarms by the Fire 25 Department. S:ACA\Ordinances\Excessive_False_AIarm_Fees_-_Ordinance(V2).Docx 1206 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby incorporated herein and made a part hereof. 30 Section 2. Chapter 2.5, entitled "Alarm Systems" of the Code of Ordinances, is hereby 31 amended to read as follows: 32 Sec. 2.5-13. False alarm response service fee; collection. 33 (a) For response to excessive false alarms by the police department, the alarm user shall 34 be charged a service fee by the City as follows: 35 1st false alarm in a fiscal year of October 1 through September 30 No charge 36 2nd false alarm in a fiscal year of October 1 through September 30 No charge 37 3rd false alarm in a fiscal year of October 1 through September 30 No charge 38 4th false alarm in a fiscal year of October 1 through September 30 $75 for residential; 39 $200 for commercial 40 5th false alarm in a fiscal year of October 1 through September 30 $100 for residential; 41 $500 for commercial 42 6th false alarm in a fiscal year of October 1 through September 30 $150 for residential; 43 $750 for commercial 44 7th and successive false alarm in a fiscal year of October 1 through September 30 $200 45 for residential; $1,000 for commercial. 46 Example: A residence with nine (9) false alarms within a fiscal year of October 1 through 47 September 30 would be calculated as follows: 48 1 st $0 49 2nd $0 50 3rd $0 51 4th $75 52 5th $100 53 6th $150 54 7th $200 2 S:ACA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx 1207 55 8th $200 56 9th $200 57 $925 Total 58 (b) For a response to excessive false alarms by the fire department, the alarm user shall be 59 charged a service fee by the City as adopted by the City Commission by resolution from 60 time to time. A copy of the fire department false alarm fee schedule shall be filed with the 61 City Clerk. 62 (-b) (c) The Chief of Police or his/her designee shall determine whether a false burglar alarm 63 has occurred and the frequency of such false alarms. The city shall notify alarm users of 64 amounts owed to the city and shall make demand therefor, pursuant to the provisions of 65 this section. The Fire Marshal or his/her designee shall determine whether a false fire or 66 medical alarm has occurred and the frequency of such alarms. 67 --(c-) (d) Proof of alarm repair on the date of the false alarm can result in the fine being 68 reduced or waived, if approved by the Fire Marshal or the Chief of Police or their designees. 69 (.d) (e) The city attorney may proceed by a suit in a court of competent jurisdiction to 70 collect said charge after demand therefor has been made by the city and the payment thereof 71 refused by the alarm user. 72 Section 3. It is the intention of the City Commission of the City of Boynton Beach, and 73 it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the 74 Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance 75 may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article," 76 or such other word or phrase in order to accomplish such intention. 77 Section 4. If any clause, section, or other part of this Ordinance shall be held by any 78 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 79 part shall be considered eliminated and in no way affect the validity of the other provisions of this 80 Ordinance. 81 Section 5. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 82 in conflict herewith, be and the same are repealed to the extent of such conflict. 83 Section 6. This Ordinance shall become effective on passage. S:ACA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx 1208 85 FIRST READING this 6th day of February 2024. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 SECOND, FINAL READING AND PASSAGE this day of , 2024. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 4 S:ACA\Ordinances\Excessive_False_Alarm_Fees_-_Ordinance(V2).Docx YES NO APPROVED AS TO FORM: Shawna G. Lamb City Attorney 1209 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: 2.5-13. False alarm response service fee. Proposed Ordinance 1134-2023 Proposed Ordinance No. 24 -XXX- Approve amendments to Section 2.5-13. False alarm response service fee; collection of the City Code of ordinances This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. i See Section 166.041(4)(c), Florida Statutes. Page 1 of 3 1210 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance - Paragraph added to sec 2.5-13 (b) to differentiate police department false alarm fees from fire department false alarm fees. -No change to fee schedule. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: Not applicable. Unchanged. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: Not applicable. Unchanged. (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or Tees to cover such costs. Not applicable. Unchanged. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate Not applicable. Unchanged. 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): Page 2 of 3 1211 Not applicable. Page 3 of 3 1212 12.D Legal 02/6/2024 Proposed Ordinance No. 24-005- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification and an effective date. Requested Action: Approve Proposed Ordinance No. 24-005 Explanation of Request: The Florida Fire Prevention Code is adopted by the State Fire Marshal at three-year intervals as required by Chapter 633.202, Florida Statutes. This complex set of fire code provisions is enforced by the local fire official within each county, municipality, and special fire district in the state. The updated version of The Florida Fire Prevention Code 8th Edition - 2023, consisting of the Florida versions of the NFPA 1 Fire Prevention Code, 2021 Edition, and the NFPA 101 Life Safety Code, 2021 Edition, is recommended for adoption by the City Fire Marshal. The proposed ordinance adopts the most recent version of the Florida Fire Prevention Code. How will this affect city programs or services? Will ensure all fire prevention activities, plan review and fire code enforcement within the city and contractual areas are compliant with FL State Statute 633.202 and provide the most current National Fire Protection Association recommendations for Community Risk Reduction. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance 24-005 Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.pdf Buisness Impact Estimate 1135-2023.pdf 1213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE NO. 24-005 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION," SECTION 9-1, "BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED," TO UPDATE THE CITY CODE AS IS REQUIRED BY FLORIDA STATUTE WHEN A NEW EDITION OF THE FLORIDA FIRE PREVENTION CODE HAS BEEN ADOPTED; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the general laws of the State of Florida require the State Fire Marshal to adopt by rule the Florida Fire Prevention Code and to update to a new edition of said Code every third year; and WHEREAS, the Florida Fire Prevention Code, as adopted by the State Fire Marshal, applies uniformly across the state; however, local jurisdictions may make local amendments in order to strengthen the protections afforded by the Code and to conduct the business of administering the Code as deemed fit by the local authority having jurisdiction; and WHEREAS, the City Commission wishes to adopt the latest edition of the Florida Fire Prevention Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 23 24 25 26 27 28 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein and made a part hereof. Section 2. Chapter 9, entitled "Fire Protection and Prevention" of the Code of Ordinances, is hereby amended to read as follows: Chapter 9 FIRE PROTECTION AND PREVENTION ARTICLE I. GENERAL S:ACA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx 3 1214 2 Sec. 9-1. Boynton Beach Fire Code; fire codes adopted. 4 5 , 2018 EdWe�6 and any subsequent additions adepted by state statute, aFe adepted as the fiFe ffeveRtien 7 8 AICPA Cir^ Dr^"^r ('.-de the "ICDA 101 Safety de 7(11-8 Etditi R d 9 TY Cl"7TrGVCf��T� �C7C'i�CTR1Y1'T7"rT4T- �rTPTC'C'��, C�T�CQTR�TI� a'TTGf 10 11 Clerk, and the previsieRS the.reef. Shall be within the li.m.its A -f the Eity, and within 12 13 BOYRteR Q^^^h Fire ° ---"less eth^r,.,,se p ided f„r Under the authority of Sections 14 633.0215 and 633.025, Florida Statutes, the most recent edition of the "Florida Fire 15 Prevention Code" adopted by the State Fire Marshal in Florida Administrative Code Chapter 16 69A-60, including NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code, both as 17 modified by Florida Administrative Code Chapter 69A-60, is hereby adopted by reference 1s and made a part of the law of the City to the same extent as if written out completely herein. 19 A copy of the Fire Prevention Code and any updates thereto shall be filed with the City Clerk, 20 and the provisions thereof shall be controlling within the City and within any jurisdiction that 21 has entered into a contract for service from Boynton Beach Fire Rescue unless otherwise 22 stated therein. Violations of the Florida Fire Prevention Code shall be punishable as provided 23 in Section 1-6. 24 25 Section 3. It is the intention of the City Commission of the City of Boynton Beach, and 26 it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the 27 Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this Ordinance 28 may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article," 29 or such other word or phrase in order to accomplish such intention. 30 Section 4. If any clause, section, or other part of this Ordinance shall be held by any 31 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 32 part shall be considered eliminated and in no way affect the validity of the other provisions of this 33 Ordinance. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx 3 1215 I Section S. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 2 in conflict herewith, be and the same are repealed to the extent of such conflict. 3 Section 6. This Ordinance shall become effective on passage. 4 FIRST READING this 6th day of February, 2024. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Maylee De Jesus, MPA, MMC 28 City Clerk 29 30 31 (Corporate Seal) 32 33 34 35 36 37 SECOND, FINAL READING AND PASSAGE this day of 2024. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney S:ACA\Ordinances\Fire Protection and Prevention Chapter 9 (2023) - Ordinance Final.docx 3 1216 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Fire Protection and Prevention (Ch.9) Proposed Ordinance -1135-2023 Proposed Ordinance No. 24 -XXX- Approve Ordinance amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "BOYNTON BEACH FIRE CODE; FIRE CODES ADOPTED," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: V The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or V d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. Page 1 of 3 1217 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance -The Florida Fire Prevention Code is adopted by the State Fire Marshal at three-year intervals as required by Chapter 633.202, Florida Statutes. This complex set of fire code provisions are enforced by the local fire official within each county, municipality, and special fire district in the state. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: Exempt: 633.202 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: Exempt: 633.202 (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or Tees to cover such costs. Exempt: 633.202 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate Exempt: 633.202 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): Page 2 of 3 1218 [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). Page 3 of 3 1219