Agenda 05-21-24The City of
Boynton Beach
City Commission Agenda
Tuesday, May 21, 2024, 6:00 PM
City Hall Commission Chambers
100 E. Ocean Avenue
Boynton Beach City Commission
Ty Penserga, Mayor (At Large)
Aimee Kelley, Vice Mayor (District IV)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Thomas Turkin, Commissioner (District III)
Daniel Dugger, City Manager
Shawna Lamb, City Attorney
Maylee De Jesus, City Clerk
*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
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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
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
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1.Openings
A.Call to Order - Mayor Ty Penserga
2.Other
A.Information Items by members of the City Commission.
3.Announcements, Community and Special Events And Presentations
A.Announcement- Tire Amnesty Week June 3-7, 2024.
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 Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061.
Roll Call.
Invocation by Commissioner Rev. Amalie Ash, First Presbyterian Church
Pledge of Allegiance to the Flag led by Commissioner Cruz
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
City Commissioners to disclose any informational items to the public.
The Solid Waste Division will have Tire Amnesty Week, for City Residents, the first
week of June, from June 3 - June 7, 2024.
During this week, residents are allowed to place up to eight (8) car and/or passenger
tires (with or without rims) at the curb or for pickup.
Tires will be picked up on the scheduled bulk trash day in your neighborhood.
Tires must be placed at the edge of the road three (3) feet away from your
garbage cart and other fixtures, such as telephone poles, mailboxes, etc.
Keep tires and vegetation separated.
There will be no make-up days if tire amnesty week is missed.
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B.Announcement- Flag Planting Ceremony and the Memorial Day Veterans Ceremony.
C.Presentation- The "Bob Borovy Student Citizen of the Year" award by the Education
& Youth Advisory Board.
D.Proclamation- National Safe Boating Week.
E.Presentation- Palm Beach County Commission on Ethics.
4.Public Audience
5.Administrative
A.Advisory Board Appointments.
B.Ratify the selection of Chair and Vice Chair for the Education & Youth Advisory
Board.
C.Purchases for over $10,000 for February & March 2024.
There will be another opportunity to dispose of tires in November from November 4th
through November 9th.
The Boynton Beach Veterans Task Force will host a flag-placing ceremony at 8 A.M.
Friday, May 24, 2024 at the Boynton Beach Memorial Park, 1611 S. Seacrest Blvd.
The Task Force will be placing flags at the graves of all Veterans currently laid to
rest at the park. Volunteers are welcome to assist with flag placements.
The Memorial Day Veterans Ceremony is scheduled for 2 P.M., Sunday, May 26,
2024 at Boynton Beach Memorial Park, 1611 S. Seacrest Blvd. This event is hosted
by the Boynton Beach Veterans Task Force and the City of Boynton Beach and is
free and open to the public.
Presentation of the "Bob Borovy Student Citizen of the Year" award.
Mayor Penserga will read the proclamation into the record. The proclamation will be
accepted by Bryan Heller, Flotilla Staff Officer for Public Affairs at our local U.S.
Coast Guard Auxiliary Flotilla and Boynton Beach Employee; Flotilla Commander
Chris Fernandez, and Division Vice Commander Shari Forman.
S. Lizabeth Martin, Palm Beach County Commission on Ethics Education and
Communication Manager, will give a brief overview of the Commission on Ethics and
how the community can reach out to them.
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).
City Commission to reappoint and appoint eligible members of the community to
serve in vacant positions on City Advisory Boards.
Ratify the selection of Dr. Valerie Valcourt as the Chair, and Pedro Macedo as the
Vice Chair of the Education & Youth Advisory Board.
Accept the written report to the Commission for purchases over $10,000 for the
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6.Consent Agenda
A.Proposed Resolution No. R24-062- Approve Amendment No. 1 to Task Order UT-
2D-05 with Calvin, Giordano & Associates, Inc., in the amount of $52,333 for
professional engineering services required for the design of a 12" water main for
future service to the Town of Gulfstream.
B.Proposed Resolution No. R24-109- Approve and authorize the assessment and
recording of Nuisance Abatement Liens against properties in the public records of
Palm Beach County within 60 days after adoption of the Resolution.
C.Proposed Resolution No. R24-110- Termination of an Interlocal Agreement between
the City of Boynton Beach and the cities of Boca Raton and Delray Beach for the
operation of a biology processing laboratory to preprocess DNA samples pursuant to
Criminal Investigations.
D.Proposed Resolution No. R24-111- Approve and authorize the City Manager to sign
an easement located within the site of lift station 309 (Seacrest Boulevard &
Northwest 19th Avenue) at the request of a Florida Power & Light Company.
E.Proposed Resolution No. R24-112- Approve and authorize the Mayor to sign an
Amendment to the Grant Agreement No. I0123 from the Federally funded
Community Development Block Grant Mitigation Program (CDBG-MIT) offered by
the Florida Department of Commerce for the East Water Treatment Plant Generator
Project, and execute all future documents associated with the grant that do not
increase the City's financial obligations, subject to the approval of the City Attorney.
F.Proposed Resolution No. R24-113- Approve and authorize the City Manager to sign
an LED Lighting Agreement between the City of Boynton Beach and Florida Power &
Light for the installation or modification of lighting facilities on W. Ocean Avenue.
G.Proposed Resolution No. R24-114- Approval of Second Amendment to the Interlocal
Agreement between the City and CRA for the Historic Woman's Club of Boynton
Beach located at 1010 S. Federal Highway.
H.Proposed Resolution No. R24-119- Authorizing the City Manager, upon the request
of the Chief of Police, to execute agreements with Federal, State, and local law
enforcement agencies for combined operational assistance, voluntary cooperation
and access, and use of intra-agency information and networks, provided that such
agreements have been approved by the Chief of Police and the City Attorney's
months of February and March 2024.
Staff recommends approval of Proposed Resolution No. R24-062.
Staff recommends approval of Proposed Resolution No. R24-109.
Staff recommends approval of Proposed Resolution No. R24-110.
Staff recommends approval of Proposed Resolution No. R24-111.
Staff recommends approval of Proposed Resolution No. R24-112.
Staff recommends approval of Proposed Resolution No. R24-113.
Staff recommends approval of Proposed Resolution No. R24-114.
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Office.
I.Commission Meeting Minutes.
7.Consent Bids and Purchases over $100,000
A.Proposed Resolution No. R24-115- to Award and Approve Bid for Task Order No.
LS-20-2024 to Johnson-Davis, Inc., for utility construction services for Pumping
Station #708 Rehabilitation Project, for an amount not to exceed $235,300, and
increase the annual estimated expenditure from $1,000,000 to $1,300,000.
B.Proposed Resolution No. R24-116- Approve a piggyback agreement with Trinnex,
Inc., utilizing Sourcewell, a State of Minnesota local government unit and service
cooperative Contract # 012524-TRX and authorize the City Manager to sign the
Agreement with Trinnex, Inc., for Water Service Line Inventory and Management
Systems with Related Services for an estimated cost of $103,145.
C.Proposed Resolution No. R24-117- Authorize additional purchases for the Hester
Park project and increase the annual estimated spend for the City's piggyback
agreement No. PD23-066 with Broadcast Systems, Inc., for Information Technology
Related Services utilized by Police and ITS, by increasing the annual not to exceed
amount to $500,000.
D.Proposed Resolution No. R24-118- Approve and authorize the City Manager to
execute the Statement of Work with Routeware, Inc., for the Encore/eMobile
products, service, and implementation for Solid Waste Division utilizing the City of
Boynton Beach's HGACBuy Interlocal Contract for Cooperative Purchasing No:
ILC18-6755. Approve an increase to the estimated annual expenditure to $150,000
per year.
8.Public Hearing
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.
9.City Manager’s Report
10.Unfinished Business
A.Update on the status of 2024 road resurfacing projects by the Construction Services
Division, presented by Kevin Ramsey, Interim Public Works Director.
Staff recommends approval of Proposed Resolution No. R24-119.
Approve minutes from the April 2nd, 2024, and May 7, 2024 Commission Meetings.
Staff recommends approval of Proposed Resolution No. R24-115.
Staff recommends approval of Proposed Resolution No. R24-116.
Staff recommends approval of Proposed Resolution No. R24-117.
Staff recommends approval of Proposed Resolution No. R24-118.
Update requested by Commissioner Cruz.
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11.New Business
A.Discussion regarding beautification plan.
B.Discussion regarding sidewalk clean up program.
12.Legal
A.City Attorney's Office update presentation and six-month performance evaluation of
the City Attorney.
13.Future Agenda Items
A.Discussion regarding combining City properties together to create senior affordable
housing . - TBD
B.Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. - TBD
C.Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.- TBD
D.Discussion regarding a waiver process and criteria for workforce housing projects. -
TBD
E.Discussion regarding Restrictive Covenant for Harvey Oyer Park - TBD
F.Discussion regarding Procurement Policies and Procedures, including local business
preference. - TBD
G.Discussion to explain the chemicals that are added to the water.- TBD
H.Discussion regarding infrastructure, specifically paving in the City. - TBD
I.Update on ARPA Funds.- TBD
J.Update on funds from the settlement with Town Square.- TBD
Requested by Mayor Penserga.
Requested by Mayor Penserga.
Pursuant to the City Attorney's appointment Employment Agreement, the City
Commission will provide the City Attorney with a performance evaluation after the
first six months of employment and thereafter no less than annually. This will be the
City Attorney's first performance evaluation and her current base salary is $205,000.
Requested by Mayor Penserga.
Requested by Commissioner Turkin.
Requested by Commission Hay.
Requested by Commissioner Turkin.
Discussion requested by Commissioner Turkin.
Requested by Mayor Penserga and Commissioner Cruz.
Requested by Mayor Penserga.
Requested by Commissioner Turkin and Commissioner Cruz.
Requested by Mayor Penserga.
Requested by Mayor Penserga.
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K.Discussion regarding adding a Sister City from Ireland. - TBD
L.Presentation regarding the Living Shoreline project.- TBD
M.Discussion regarding additional digital signs. - TBD
N.Update on Arts in Public Places Program.- TBD
O.Discussion regarding City entry way signage. - TBD
P.Discussion regarding Adopt-a-Road Program.- TBD
Q.Discussion regarding Rapid Re-housing Program.- TBD
R.Discussion regarding formalized Tree Planting Program.- TBD
S.Discussion regarding Amendments to the Code of Ordinances regarding flooding in
the community.- TBD
T.Discussion regarding Hazard Pay for Community Standards.- TBD
14.Adjournment
Requested by Vice Mayor Kelley.
Requested by Commissioner Turkin.
Requested by Commissioner Hay.
Requested by Mayor Penserga.
Requested by Mayor Penserga.
Requested by Mayor Penserga.
Requested by Mayor Penserga.
Requested by Mayor Penserga.
Requested by Commissioner Cruz.
Requested by Commissioner Cruz.
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.
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City of Boynton Beach
Agenda Item Request Form
3.A
Announcements, Community and Special Events And Presentations
05/21/2024
Meeting Date: 05/21/2024
Announcement- Tire Amnesty Week June 3-7, 2024.
Requested Action:
The Solid Waste Division will have Tire Amnesty Week, for City Residents, the first week of
June, from June 3 - June 7, 2024.
During this week, residents are allowed to place up to eight (8) car and/or passenger tires
(with or without rims) at the curb or for pickup.
Tires will be picked up on the scheduled bulk trash day in your neighborhood.
Tires must be placed at the edge of the road three (3) feet away from your garbage cart
and other fixtures, such as telephone poles, mailboxes, etc.
Keep tires and vegetation separated.
There will be no make-up days if tire amnesty week is missed.
There will be another opportunity to dispose of tires in November from November 4th through
November 9th.
Explanation of Request:
If you have any questions, you can contact us at (561) 742-6200, option 1, Monday through
Friday, 7:30 A.M.. to 4:30 P.M.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
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City of Boynton Beach
Agenda Item Request Form
3.B
Announcements, Community and Special Events And Presentations
05/21/2024
Meeting Date: 05/21/2024
Announcement- Flag Planting Ceremony and the Memorial Day Veterans Ceremony.
Requested Action: The Boynton Beach Veterans Task Force will host a flag-placing
ceremony at 8 A.M. Friday, May 24, 2024 at the Boynton Beach Memorial Park, 1611 S.
Seacrest Blvd. The Task Force will be placing flags at the graves of all Veterans currently laid
to rest at the park. Volunteers are welcome to assist with flag placements.
The Memorial Day Veterans Ceremony is scheduled for 2 P.M., Sunday, May 26, 2024 at
Boynton Beach Memorial Park, 1611 S. Seacrest Blvd. This event is hosted by the Boynton
Beach Veterans Task Force and the City of Boynton Beach and is free and open to the
public.
How will this affect city programs or services? Support Services will be provided by the
Recreation & Parks Department, Public Works, Marketing, and Events.
Attachments:
Memorial Day (Instagram Post (Square)) (1).png
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City of Boynton Beach
Agenda Item Request Form
3.C
Announcements, Community and Special Events And Presentations
05/21/2024
Meeting Date: 05/21/2024
Presentation- The "Bob Borovy Student Citizen of the Year" award by the Education &
Youth Advisory Board.
Requested Action:
Presentation of the "Bob Borovy Student Citizen of the Year" award.
Explanation of Request:
Presentation of the "Bob Borovy Student Citizen of the Year" award by members of the
Education & Youth Advisory Board. The award was created in 2000 to recognize a graduating
high school senior who epitomizes the spirit of volunteerism and giving back to the community
as exemplified by the late Bob Borovy, a U.S. Military Veteran and former advisory board
member. The winner, who is chosen by a panel of judges, including the previous year ’s award
recipient, will receive a $1,000 award and have their name placed on the perpetual plaque.
How will this affect city programs or services? N/A
Fiscal Impact: The award is sponsored by the Education and Youth Advisory Board and is
funded through donations.
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City of Boynton Beach
Agenda Item Request Form
3.D
Announcements, Community and Special Events And Presentations
05/21/2024
Meeting Date: 05/21/2024
Proclamation- National Safe Boating Week.
Requested Action: Mayor Penserga will read the proclamation into the record. The
proclamation will be accepted by Bryan Heller, Flotilla Staff Officer for Public Affairs at our
local U.S. Coast Guard Auxiliary Flotilla and Boynton Beach Employee; Flotilla Commander
Chris Fernandez, and Division Vice Commander Shari Forman.
Explanation of Request: NA
How will this affect city programs or services? NA
Fiscal Impact: There is no fiscal impact to the budget for this item.
Attachments:
National Safe Boating Week.docx
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Proclamation
WHEREAS, National Safe Boating Week is observed to bring attention to important life-saving tips
for recreational boaters so that they can have a safer, more fun experience out on the water
throughout the year;and
WHEREAS, on average, 650 people die each year in boating-related accidents in the U.S.; 75
percent of these are fatalities caused by drowning;and
WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and
not by the boat, equipment or environmental factors; and
WHEREAS, a significant number of boaters who lose their lives by drowning each year would be
alive today had they worn their life jackets;and
NOW THEREFORE, I,Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby
support the goals of the Safe Boating Campaign and proclaim May 18-24, 2024 as:
National Safe Boating Week
And the start of the year-round effort to promote safe boating. I urge all those who boat to practice
safe boating habits and wear a life jacket at all times while boating.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 21st day of May, Two Thousand and
Twenty-Four.
Ty Penserga, Mayor
ATTEST:
Maylee De Jesús, MPA, MMC
City Clerk
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City of Boynton Beach
Agenda Item Request Form
3.E
Announcements, Community and Special Events And Presentations
05/21/2024
Meeting Date: 05/21/2024
Presentation- Palm Beach County Commission on Ethics.
Requested Action: S. Lizabeth Martin, Palm Beach County Commission on Ethics Education
and Communication Manager, will give a brief overview of the Commission on Ethics and how
the community can reach out to them.
Fiscal Impact: There is no fiscal impact to the budget for this item.
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City of Boynton Beach
Agenda Item Request Form
5.A
Administrative
05/21/2024
Meeting Date: 05/21/2024
Advisory Board Appointments.
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_May 21, 2024.docx
Wilt, Robert Historic Resources Preservation Board.pdf
Mondello, Julie - Recreation and Parks.pdf
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Advisory Board Vacancies May 21, 2024
Art Advisory Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
I Cruz Regular Vacant
II Turkin Regular Vacant
Applicants:None
Building Board of Adjustment and Appeals
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
Mayor Penserga Regular Replaces Daniel Berger – 2
nd term expired
Vice Mayor Kelley Regular Replaces Paul Bortz – 2
nd term expired
I Cruz Regular Replaces Timothy Dornblaser – 2
nd term expired
II Hay Regular Replaces Sanford Guritzky – 2
nd term expired
III Turkin Regular Vacant
Mayor Penserga Regular Vacant
Vice Mayor Kelley Alternate Vacant
I Cruz Alternate Vacant
Applicants:None
Community Redevelopment Agency Advisory Board
Vice Mayor Kelley Regular Replaces Warren Swee – did not reapply for 2
nd term
Applicants:None
Employees’ Pension Plan Board of Trustees
Vice Mayor Kelley Member Employee Representative (Non-Bargaining)Vacant
I Cruz Member Employee Representative Vacant
Applicants:None
Education and Youth Advisory Board
Regular member 2 (2 year) terms
Alternate/Student Member 2 (1 year) terms
Mayor Penserga Alternate Vacant
Vice Mayor Kelley Alternate Vacant
Applicants:None
Historic Resources Preservation Board – Quasi-judicial
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
II Hay Regular Replaces Ben Lowe – 2
nd term expired
III Turkin Regular Rhonda Sexton – 2
nd term expired
Vice Mayor Kelley Regular Vacant
Mayor Penserga Alternate Replaces Victor Norfus – did not apply for 2
nd term
I Cruz Alternate Vacant
Applicant: Robert Wilt
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Advisory Board Vacancies May 21, 2024
Library Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
Mayor Penserga Regular Replaces George Feldman – 2
nd term expired
Vice Mayor Kelley Regular Vacant
I Cruz Alternate Vacant
II Hay Alternate Vacant
Applicants: None
Recreation and Parks Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
II Hay Regular Replaces Elizabeth Pierce-Roe – 2
nd term expired
III Turkin Regular Replaces Sean Conklin – 2
nd term expired
Mayor Penserga Regular Vacant
Vice Mayor Kelley Alternate Vacant
I Cruz Alternate Vacant
Applicant:Julie Mondello
Senior Advisory Board
Regular member 2 (2 year) terms
Alternate Member 2 (1 year) terms
I Cruz Regular Vacant
II Hay Regular Vacant
III Turkin Regular Vacant
Mayor Penserga Alternate Vacant
Vice Mayor Kelley Alternate Vacant
Applicants:None
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City of Boynton Beach
Agenda Item Request Form
5.B
Administrative
05/21/2024
Meeting Date: 05/21/2024
Ratify the selection of Chair and Vice Chair for the Education & Youth Advisory Board.
Requested Action: Ratify the selection of Dr. Valerie Valcourt as the Chair, and Pedro
Macedo as the Vice Chair of the Education & Youth Advisory Board.
Explanation of Request:
At the April 25, 2024, meeting of the Education & Youth Advisory Board, Dr. Valerie Valcourt
was appointed as board chair, and Pedro Macedo was appointed as vice chair. Per City
Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and
Vice Chair.
Fiscal Impact: None
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City of Boynton Beach
Agenda Item Request Form
5.C
Administrative
05/21/2024
Meeting Date: 05/21/2024
Purchases for over $10,000 for February & March 2024.
Requested Action: Accept the written report to the Commission for purchases over $10,000
for the months of February and March 2024.
Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is
authorized to execute a purchase order on behalf of the City for such purchases under the
$49,999 bid threshold for personal property, commodities, and services, or $200,000 for
construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City
Manager, or designee. All backup documentation is available upon request. Below is a list of
the purchases for February & March 2024
240947 RYPER WATER ANALYTICS,
LLC $ 19,600.00
240951 RECREONICS, INC. $ 10,298.08
240955 DEEPNET SECURITY
LIMITED $ 10,249.00
240969 SHI $ 48,475.00
240977 XYLEM DEWATERING
SOLUTIONS, INC. $ 28,784.00
240979 INSIGHT PUBLIC SECTOR $ 21,460.50
240980 ALAN JAY CHEVROLET $ 30,790.00
240982 SAFE 4 PLAY, LLC $ 30,980.20
240994 ABM BUILDING SOLUTIONS
LLC $ 46,412.62
240999 CAULFIELD & WHEELER,
INC. $ 17,490.00
241000 CALVIN, GIORDANO &
ASSOCIATES $ 25,323.00
241002 BLUEALLY TECHNOLOGY
SOLUTIONS $ 17,990.00
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241006 EMERGENCY MEDICAL
CONSULTANTS, INC. $ 11,200.00
241011 PRIMESTAR DIGITAL
NETWORK INC. $ 22,278.00
241014 LORI LEHR, INC. $ 14,200.00
241017 HOWARD FERTILIZER &
CHEMICAL CO. $ 16,630.68
241021 FORD CRESTVIEW $ 34,210.74
241023 EPR SYSTEMS USA, INC. $ 44,932.00
241024 STRYKER MEDICAL $ 19,527.55
241035 ARROYO PROCESS
EQUIPMENT INC. $ 41,615.00
241044 BIBLIOTHECA, LLC $ 24,316.52
241066 EMCI WIRELESS $ 23,940.00
241067 HUDSON PUMP &
EQUIPMENT $ 25,856.00
241093 URBAN SDK, INC. $ 24,500.00
241104
GRANITE
TELECOMMUNICATIONS,
LLC
$ 46,032.00
241106 TRANE (WPB) $ 28,940.00
241109 SHI $ 11,325.60
241115 ATLANTIC SOUTHERN
PAVING & SEALCOATING $ 35,568.00
241120 EBSCO PUBLISHING $ 11,597.00
241121 SMART HORIZONS CAREER
ONLINE $ 10,950.00
241122 SEFLIN INC. $ 12,837.75
241124 JAVA CONNECTIONS LLC $ 15,385.00
241127 ATLANTIC SOUTHERN
PAVING & SEALCOATING $ 174,656.25
241129 ALAN JAY CHEVROLET $ 33,397.00
241131 MUNICIPAL EQUIPMENT
COMPANY $ 11,804.40
241146 OCLC $ 10,037.75
241148 TELEVAC SOUTH INC. $ 21,050.00
241166 MUNICIPAL EMERGENCY
SVCS INC. $ 12,190.00
241168 ALL ON STAGE
PRODUCTIONS $ 11,372.00
241175 ATLANTIC SOUTHERN
PAVING & SEALCOATING $ 41,715.00
241179 NEOGOV $ 49,796.07
29
How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-
56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Finance Department, and City Manager, or designee.
Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining
processes within the organization. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
Attachments:
Purchases over $10k - February 2024.pdf
Purchases over $10k - March 2024.pdf
30
1.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/5/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
2.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/6/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
3.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/8/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
4.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/8/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
5.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/9/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
6.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/9/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
7.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/9/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
PROJECT # RP2406
REPAIR TO PUMP AT LIFT STATION #317
401-2816-536.46-51
INSIGHT PUBLIC SECTOR 21,460.50$
SOLE SOURCE
PIGGYBACK SOURCEWELL # 091521 - NAF 501-2516-519.64-33
ALAN JAY CHEVROLET 30,790.00$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 FORD MAVERICK SUPER CREW XL-HYBRID TO REPLACE UNIT # 7604 FOR COMMUNITY
STANDARDS.
PIGGYBACK SOURCEWELL # 081419-SHI 001-1510-513.46-91
XYLEM DEWATERING SOLUTIONS, INC.28,784.00$
UTILITIES MARC FILSAIME
401-2821-536.46-91
48,475.00$
ITS CHARLES STEVENS
UPGRADE MICROSOFT P1 EMAIL LICENSE FOR 875 USERS TO MICROSOFT 365 G3.
SHI
ITS CHARLES STEVENS
PURCHASE OF 650 DEEPNET SECURITY SAFE ID CLASSIC MFA TOKENS, TO BE ISSUED TO CITY
EMPLOYEES.
EXEMPT - DIRECT FROM MANUFACTURER 001-1510-513.52-20
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR FEBRUARY 2024
RYPER WATER ANALYTICS, LLC 19,600.00$
UTILITIES JEFF KORNBLUM
DEEPNET SECURITY LIMITED 10,249.00$
PUBLIC WORKS/DENSON POOL CRYSTAL QUESADA
DENSON POOL THERMAL BLANKET COVER SYSTEM.
THREE QUOTES 303-4214-572.63.00
PROFESSIONAL CONSULTING SERVICES FOR FEE ANALYSIS.
SINGLE SOURCE 401-2821-536.31-90
RECREONICS, INC.10,298.08$
001-2112-521.46-91
POLICE KARL MARACOTTA
RENEWAL OF VPN SOLUTION FOR POLICE STAFF TO ACCESS CITY NETWORK.
PIGGYBACK COBB COUNTY #23-6692-03 001-2112-521.46-91
31
8.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/9/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
9.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/13/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
10.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/14/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
PROJECT # RP2413
11.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/14/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
12.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/14/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
13.Vendor:EMERGENCY MEDICAL CONSULTANTS, INC.Purchase Amount:
Requesting Department:Contact Person:
Date:2/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
14.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/16/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
15.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/16/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
PROJECT # RP2413
COBB# UTL23-001 401-2824-536.49-17
LORI LEHR, INC.14,200.00$
UTILITIES JUAN MANZANO
DEVELOPMENT OF A CRS FLOODPLAIN SPECIES ASSESSMENT (FSA) AND FLOODPLAIN SPECIES PLAN
(FSP) TO HELP GUIDE CITY IN PROTECTING THREATENED AND ENDANGERED SPECIES.
THREE QUOTES 001-2210-522.54-30
ITS MICHAEL BENNETT
INSTALLATION AND CONNECTIVITY TO LIVE-TO-AIR. AUDIO VISUAL DESIGN AND AND PRODUCTION.
CONFIRMING ORDER 001-1510-513.49-17
001-1510-513.46-91
11,200.00$
FIRE CHIEF BRUDER
PALS RECERTIFICATION COURSE FOR UP TO 160 PERSONNEL.
ITS CHARLES STEVENS
ANNUAL RENEWAL OF SONICWALL ADVANCED GATEWAY SECURITY BUNDLE FOR SUPERMASSIVE 9200, 1
YEAR
THREE QUOTES 001-1510-513.46-91
BLUEALLY TECHNOLOGY SOLUTIONS 17,990.00$
CALVIN, GIORDANO & ASSOCIATES 25,323.00$
UTILITIES GAIL MOOTZ
LITTLE LEAGUE ROAD AND WOOLBRIGHT RD - TASK ORDER UT-20-09 - SIGNAL WARRANT ANALYSIS.
COBB # 046282117 303-4220-572.63-05
UTILITIES GAIL MOOTZ
TASK ORDER 23-D-02 - ADDITIONAL ITEMS TO COMPLETE SURVEY. PROPERTY SURVEY - LITTLE LEAGUE.
COBB # UTL22-014 303-4220-572.63-05
PAYMENT OF PAST DUE INVOICE # 18577675, RECEIVED AFTER END OF LAST FISCAL YEAR.
CONFIRMING ORDER 001-2511-519.34-10
CAULFIELD & WHEELER, INC.17,490.00$
CONFIRMING 303-4199-572.46-95
ABM BUILDING SOLUTIONS LLC 46,412.62$
PUBLIC WORKS - FACILITIES MELVIN STINSON
SAFE 4 PLAY, LLC 30,980.20$
PUBLIC WORKS - PARKS & GROUNDS MAURICE PERMENTER
PAYMENT OF PAST DUE INVOICE NUMBERS 1583 AND 1592 FOR WORK PERFORMED AT PIONEER CANAL
PARK AS WELL AS REPAIRS AT KOMPAN EQUIPMENT AT BOYNTON LAKES.
PROJECT # RP2309
PRIMESTAR DIGITAL NETWORK INC.22,278.00$
001-2730-572.49-17
001-2511-519.46-25
32
16.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/20/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
17.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/20/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
18.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/22/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
19.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/22/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
20.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/26/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
21.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:2/27/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
PROJECT # WT2103
HARDWARE AND SOFTWARE WARRANTY FOR SELF CHECK KIOSKS, SECURITY GATES AND AUTOMATED
HANDLING MACHINE (BOOK SORTER). ANNUAL SUPPORT AND MAINTENANCE.
SINGLE SOURCE 001-2610-571.46-20
BIBLIOTHECA, LLC 24,316.52$
UTILITIES BRYAN HELLER
PURCHASE DRIVE # 1 FOR EWTP. PART INTERCHANGEABLE BETWEEN NORTH ABD SOUTH WATER
TREATMENT SOFTENING BASINS (STANDARDIZATION).
SINGLE SOURCE 403-5000-533.65-02
LIBRARY TIFFANY PAGAN
001-2610-571.46-91
41,615.00$ ARROYO PROCESS EQUIPMENT INC.
FIRE CHIEF BRUDER
ANNUAL PREVENTATIVE MAINTENANCE FOR EMS.
SOLE SOURCE
FIRE CHIEF BRUDER
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 FORD MAVERICK XLT ECOBOOST FOR WATER QUALITY AREA TO REPLACE UNIT #2527.
FL CONTRACT # 2510000-23-STC 501-2516-519.64-33
RECORD MANAGEMENT WITH CUSTOM INTERFACES ZOLL MONITORS AND CLOUD SUBSCRIPTION.
ANNUAL SOFTWARE SUBSCRIPTION.
001-2210-522.49-17
001-2210-522.46-91
STRYKER MEDICAL 19,527.55$
SINGLE SOURCE
PURCHASE FERTILIZER FOR 115 ACRES OF FAIRWAY AND ROUGH ON BOTH CHAMPIONSHIP AND
CHALLENGE COURSES.
THREE QUOTES 411-2911-572.52-19
FORD CRESTVIEW 34,210.74$
EPR SYSTEMS USA, INC.44,932.00$
HOWARD FERTILIZER & CHEMICAL CO.16,630.68$
GOLF SAM REEP
33
1.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/8/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
2.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/11/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
3.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/12/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
4.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/12/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
5.Vendor:ATLANTIC SOUTHERN PAVING & SEALCOATING Purchase Amount:
Requesting Department:Contact Person:
Date:3/12/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
6.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
7.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
CARL FRUMENTI
JOGGING PATH REPLACEMENT FOR HESTER CENTER.
303-4209-572.63-05
11,597.00$
COBB # PWE22-008
SOLE SOURCE 105-3221-513.46-91
SMART HORIZONS CAREER ONLINE 10,950.00$
LIBRARY TIFFANY PAGAN
PURCHASE TEN (10) SCHOLARSHIPS FOR CAREER ON-LINE HIGH SCHOOL DIPLOMA PROGRAM FOR PUBLIC.
PROJECT # RP2414
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MARCH 2024
URBAN SDK, INC.24,500.00$
PUBLIC WORKS - ENGINEERING M. ABDURAKHMANOV
TRANE (WPB)28,940.00$
ITS CHARLES STEVENS
MIGRATE CITY'S 1FB/POTS FOR ALL CUSTOMER SERVICE AND SUPPORT (AT&T WILL REMAIN PHONE
CARRIER)
PIGGYBACK GSA#: GS-35F-208BA 001-1510-513.41-10
PURCHASE SOFTWARE, USED FOR PLANNING AS WELL AS P.D., THAT WILL PROVIDE AVERAGE DAILY
TRAFFIC COUNT, 85TH PERCENTILE SPEEDS AND PEAK HOUR TRAFFIC COUNTS
SOLE SOURCE 001-2512-541.46-91
GRANITE TELECOMMUNICATIONS, LLC 46,032.00$
PROJECT # GG2312
LIBRARY TIFFANY PAGAN
PURCHSE LEARNING EXPRESS ON-LINE DATABASE. ASSISTS WITH JOB SEARCHING AND
TEST TAKING.
SOLE SOURCE 001-2610-571.46-91
EBSCO PUBLISHING
11,325.60$
POLICE KARL MARACOTTA
RENEWAL OF SECURITY MFA NECESSARY FOR OFFICERS IN THE FIELD TO CONNECT TO NETWORK
SHI
TRANE BRYAN HELLER
RENTAL OF 4-TON CHILLER FOR CITY HALL. COOLANT LEAK AND LEAD TIME FOR REPLACEMENT IS 2-3
WEEKS.
EMERGENCY 401-2805-536.49-17
PIGGYBACK NASPO # 432200000-NASPO-19-ACS 001-2112-521.46-91
35,568.00$
PUBLIC WORKS - CONSTRUCTION SERVICES
34
8.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
9.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
10.Vendor:ATLANTIC SOUTHERN PAVING & SEALCOATING Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
11.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
12.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/15/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
13.Vendor:OCLC Purchase Amount:
Requesting Department:Contact Person:
Date:3/19/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
14.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/20/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
SOLE SOURCE 001-2610-571.49-80
UTILITIES MARC FILSAIME
CLEANING SERVICES FOR MASTER LIFT STATION #317
THREE QUOTES 401-2816-536.49-17
10,037.75$
LIBRARY TIFFANY PAGAN
LIBRARY CATALOGING AND METADATA USED TO MAINTAIN LIBRARY BOOK RECORDS.
FIRE CHIEF BRUDER
PURCHASE FIRE THERMAL IMAGER AND CHARGER FOR FIRE DEPARTMENT.
PIGGYBACK LAKE COUNTY # 22-730 001-2210-522.64-02
MUNICIPAL EQUIPMENT COMPANY 11,804.40$
ALAN JAY CHEVROLET 33,397.00$
PUBLIC WORKS - FLEET DAVE PERSAD
PURCHASE 2024 TOYOTA RAV-4 HYBRID LE TO REPLACE VEHICLE # 894 FOR FIRE DEPARTMENT.
PIGGYBACK SOURCEWELL #091521 501-2516-519.64-33
PUBLIC WORKS - CONSTRUCTION SERVICES CARL FRUMENTI
EAST OCEAN AVE - REMOVAL OF BRICK PAVERS, LANDSCAPE TREE PIP GROUND COVER LACTIONS WITHIN
SIDWALK, REPAIR DAMAGED HEADER CURB AND IRRIGATION, POUR NEW SIDEWALKS, TO MEET ADA CODE
REQUIREMENTS.
COBB # PWE22-008 303-4904-541.63-24 TR2406
HARDWARE/SOFTWARE MAINTENANCE WARRANTY FOR LAPTOPS
SINGLE SOURCE 001-2610-571.46-20
174,656.25$
303-4904-541.63-03 TR2406
SINGLE SOURCE 001-2610-571.49-80
JAVA CONNECTIONS LLC 15,385.00$
LIBRARY TIFFANY PAGAN
SEFLIN INC.12,837.75$
LIBRARY TIFFANY PAGAN
HOSTING BYWATER KOHA & ASPEN FOR LIBRARY INTEGRATED SYSTEM AND CATALOGUE.
001-2610-571.46-91
TELEVAC SOUTH INC.21,050.00$
001-2610-571.46-91
35
15.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/25/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
16.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/25/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
17.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/29/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
18.Vendor:Purchase Amount:
Requesting Department:Contact Person:
Date:3/29/2024
Brief Description of Purchase:
Source for Purchase:Fund Source:
HUMAN RESOURCES BELKIS ABAROA
UTILITIES MARC FILSAIME
ASPHALT REPLACEMENT FOR THE UTILITY COMPOUND AND PARKING LOT AT LIFT STATION #356
403-5000-535.65-04
CORE HR SUBSCRIPTION. ADDITIONAL MODULE TO NEOGOV PLATFORM
COBB # PWE22-008
PROJECT # SW2307
001-1610-513.46-91SOLE SOURCE
STAGE AND SOUND FOR THE LINKS 40TH ANNIVERSARY CELEBRATION
PIGGYBACK CITY OF FORT LAUDERDALE 411-2910-572.48-24
41,715.00$
NEOGOV 49,796.07$
PROJECT # SE2451
ATLANTIC SOUTHERN PAVING & SEALCOATING
PIGGYBACK LAKE COUNTY CONTRACT # 22-730G 001-2210-522.64-07
ALL ON STAGE PRODUCTIONS 11,372.00$
GOLF COURSE ANTHONY MACCIOLI
MUNICIPAL EMERGENCY SVCS INC.12,190.00$
FIRE CHIEF BRANT
PURCHASE MOBILE AIR CART AND SKA PAK FOR FIRE DEPARTMENT.
ITB 29-1
36
City of Boynton Beach
Agenda Item Request Form
6.A
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-062- Approve Amendment No. 1 to Task Order UT-2D-05
with Calvin, Giordano & Associates, Inc., in the amount of $52,333 for professional
engineering services required for the design of a 12" water main for future service to
the Town of Gulfstream.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-062.
Explanation of Request: On February 16, 2021, the City Commission approved Task Order
UT-2D-05 with Calvin, Giordano, and Associates, Inc., for the engineering, design, and
permitting of the replacement road for SE 36th Ave./Gulfstream Blvd. Due to budgeting
priorities, this project was put on hold for 1.5 years. The funding has been secured and
allocated to complete the engineering design and permitting of SE 36th Ave./Gulfstream Blvd.
Amendment No. 1 provides an updated scope of services for the Engineering Design and
Permitting of SE 36th Ave/Gulfstream Blvd. Staff requests approval of Amendment No. 1 to
UT-2D-05 in the amount of $52,333 to add the engineering, design, and permitting of a 12"
water main on SE 36th Ave./Gulfstream Blvd. to the scope of services. The work is expected
to be completed within 60 days of the City's issuance of an amended Purchase Order.
How will this affect city programs or services? The engineering design will allow the 12"
water main to improve service to the surrounding neighborhoods and to provide service to the
Town of Gulfstream.
Fiscal Impact: The funds ($52,333) for this project are available in the Utilities CIP account.
Attachments:
R24-062_Agenda_Item 1526-
2023_Resolution_for_Task_Order_UT2D05_Amendment_Final__1_.docx
Exhibit A to Resolution - First Amendment To Agreement with CGA Gulfstream WM (signed
CGA).pdf
Fully_Executed_Agreement_-_Calvin_Giordano.pdf
Original CGA Gulfstream Blvd Scope of Work.pdf
CHANGE ORDER 1 - CGA PO 210833
CHANGE ORDER 2 - CGA PO 210833
CGA PO 210833
Town of Gulf Stream Memo
37
RESOLUTION NO. R24-0621
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING4
THE FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, 5
GIORDANO, & ASSOCIATES, INC., FOR ADDITIONAL PROFESSIONAL 6
ENGINEERING SERVICES REQUIRED FOR THE DESIGN OF A 12” WATER MAIN 7
THE SE 36TH AVE. / GULFSTREAM BLVD. PROJECT IN THE AMOUNT OF 8
$52,333.00; AND PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 9
PURPOSES. 10
11
12
WHEREAS,on February 16, 2021, the City Commission approved Task Order UT- 2D -05 13
with Calvin, Giordano, and Associates, Inc., for the engineering design and permitting of the 14
replacement road for SE 36th Ave./Gulfstream Blvd.; and15
WHEREAS, the First Amendment provides an updated scope of services for the 16
engineering, design, and permitting of SE 36th Ave./Gulfstream Blvd.; and17
WHEREAS,the engineering design will allow the 12" water main to improve service to the 18
surrounding neighborhoods and to provide service to the Town of Gulfstream; and19
WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 20
the best interests of the citizens and residents of the City of Boynton Beach to approve the First 21
Amendment to Task Order UT-2D-05 with Calvin, Giordano, & Associates, Inc., in the amount of 22
$52,333 for professional engineering services required for the design of a 12” water main for 23
future service to the Town of Gulfstream.24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25
BEACH, FLORIDA, THAT: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 First Amendment to Task Order 30
UT-2D-05 with Calvin, Giordano & Associates, Inc. in the amount of $52,333, for professional 31
engineering services required for the design of a 12” water main for future service to the Town of 32
Gulfstream, in form and substance similar to that attached as “Exhibit A,” and authorizes the City 33
38
Manager to execute the First Amendment. 34
SECTION 3.The fully executed Amendment shall be retained by the City Clerk as a 35
public record of the City, and a copy shall be provided to Moisey Abdurakhmanov to forward to 36
the vendor.37
SECTION 4.This Resolution shall take effect as provided by law.38
PASSED AND ADOPTED this 21st day of May 2024.39
CITY OF BOYNTON BEACH, FLORIDA40
41
YES NO42
Mayor – Ty Penserga __________43
44
Vice Mayor – Aimee Kelley __________45
46
Commissioner – Angela Cruz __________47
48
Commissioner – Woodrow L. Hay __________49
50
Commissioner – Thomas Turkin __________51
52
VOTE ______53
54
55
56
ATTEST:57
58
59
___________________________________________________________60
Maylee De Jesús, MPA, MMC Ty Penserga61
City Clerk Mayor62
63
APPROVED AS TO FORM:64
(Corporate Seal)65
66
_______________________________67
Shawna G. Lamb68
City Attorney69
70
39
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 1 of 9
FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, GIORDANO & ASSOCIATES, INC.
FOR SE 36TH AVENUE WATER MAIN PHASE 1
This First Amendment (“First Amendment”) is 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
Avenue, Boynton Beach, FL 33435 (“City”), and Calvin, Giordano & Associates, Inc., a Florida
corporation with its principal place of business at 180 Eller Drive, Ste. 600, Fort Lauderdale, FL 33316
(“Consultant”) (each a “Party, and collectively referred to as the “Parties”).
RECITALS
A. On August 20, 2018, the City and Consultant entered into an Agreement for General
Consulting Services (“Agreement”), which authorized the City to issue task orders for projects on an
as-needed basis.
B. On February 16, 2021, the City Commission approved Task Order UT-2D-05 (the
“Task Order”) for the engineering design and permitting of the replacement road for SE 36th
Ave/Gulfstream Blvd. (the “Project”).
C. The Parties desire to execute a First Amendment to the Task Order so Consultant can
provide additional design phase tasks including permitting, construction drawings, and project
management services to City regarding the Project and to adjust the fees; and
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this First Amendment shall retain the meaning
ascribed to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain
in full force and effect.
3. Additional Services. The Scope of Services of the Task Order is hereby amended to provide
additional design, permitting, and bid document preparation services for a new 12-inch
transmission water main on SE 36th Avenue within the City’s right-of-way from Seacrest Boulevard
to just west of the FEC Railway, as further detailed in Exhibit A, attached hereto.
40
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24) Page 2 of 9
4. Fee. The fee for the additional services described above in Section 3 shall be Fifty-Two
Thousand Three Hundred Thirty-Three Dollars ($52,333.00) with the fee breakdown per task
described in Exhibit B, attached hereto. The total Fee to be paid to Consultant under this Task Order
is amended to Two Hundred Forty-Nine Thousand Two Hundred Ninety-Five Dollars ($249,295.00).
5. Agreement Reference. This First Amendment shall be performed under the terms and
conditions described within the Agreement, as amended.
6. Additional Terms. The following new sections are added to the Agreement and Task Order
as follows:
Public Entity Crime Act. Consultant represents that it is familiar with the requirements and
prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Consultant further
represents that there has been no determination that it committed a “public entity crime”
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a “public entity crime” regardless of the amount of money
involved or whether Consultant has been placed on the convicted vendor list.
Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Consultant
represents that it has not been placed on the “discriminatory vendor list” as provided in
Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to
Sections 215.473 or 215.4725, Florida Statutes. Consultant represents and certifies that it is
not, and for the duration of the term will not be, ineligible to contract with City on any of
the grounds stated in Section 287.135, Florida Statutes. Consultant represents that it is, and
for the duration of the Agreement Task Order term will remain, in compliance with Section
286.101, Florida Statutes.
Verification of Employment Eligibility. Consultant represents that Consultant and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all newly
hired employees in compliance with the requirements of Section 448.095, Florida Statutes,
and that entry into this Agreement will not violate that statute. If Consultant violates this
section, City may immediately terminate the Agreement and this Task Order for cause and
Consultant shall be liable for all costs incurred by City due to the termination.
7. The Parties acknowledge and agree that the Task Order is governed by the terms and
conditions of the Agreement. Accordingly, the following sections are deleted from the Task Order
in their entirety: “Reimbursable Expenses,” “Meeting Attendance,” “Terms of the Agreement,”
“Miscellaneous Provisions,” and “Termination of the Agreement.”
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SRW (2.13.24) Page 3 of 9
8. In the event of any conflict or ambiguity between this First Amendment, the Task Order, and
the Agreement, the Parties agree that this First Amendment shall control. The Agreement, and Task
Order, as amended herein by this First Amendment, incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein, and the Parties agree that there are no commitments, agreements, or
understandings concerning the subject matter hereof that are not contained in the Agreement, and
Task Order, as amended in this First Amendment. Accordingly, the Parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written.
9. Preparation of this First Amendment has been a joint effort of the Parties and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the Parties than any other.
10. Consultant acknowledges that through the date this First Amendment is executed by
Consultant, Consultant has no claims or disputes against City with respect to any of the matters
covered by the Agreement.
11. The effective date of this First Amendment shall be the date of complete execution by the
Parties.
12. This First Amendment may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same amendment.
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IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly
authorized representatives.
CITY OF BOYNTON BEACH
Daniel Dugger, City Manager
Date:
Approved as to Form:
CALVIN, GIORDANO IATES, INC.
Jenna M i, PE, Director of Engineering
Date:
Shawna G. Lamb, CityAttorney
Attested/Authenticated:
Maylee DeJesus, MMC City Clerk
First Amendment to CGA Task Order for Gulfstream Watermain
SRW (2.13.24)Page 4 of 9
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SRW (2.13.24) Page 5 of 9
EXHIBIT A
SCOPE OF WORK
60% DELIVERABLES
I.1 Subsurface Utility Investigation (by Subconsultant)
I.1.1 Up to ten test holes will be provided to assist with the design of the
proposed improvements. The test holes will help confirm the horizontal
and vertical locations of existing utilities and will be incorporated into the
design plans. For each test hole performed, a report will be provided that
summarizes the type of utility found, size, material, depth from surface,
horizontal distance from fixed objects in the field, and pipe direction.
I.2 Design
I.2.1 Review any available as-builts and the existing topographic survey
(prepared by others), and the findings from the Subsurface Utility
Investigation.
I.2.2 Explore alignment options for an open cut installation of the new water
main while taking into account connections to existing water mains on
side streets.
I.2.3 Although the scope only includes Phase 1 water main, CGA will explore a
few conceptual options for Phase 2 water main and meet with FEC
Railway and the Florida Department of Transportation (FDOT) to
determine any specific requirements and conditions of crossing their
rights-of-way. Attend one field meeting with COBB and one conceptual
review meeting for the Phase 2 layout.
I.2.4 Lay out water main plan and profile views on new plan sheets utilizing the
same viewport limits as the existing plans. Before refining the details of
the new plan and profile views, submit the general water main alignment
to COBB for review and comment/approval.
I.2.5 Conduct an internal quality assurance/quality control (QA/QC) review.
I.2.6 Add new line items into the existing cost estimate for the streetscape
project for this new water main infrastructure.
I.2.7 Submit the 60% plans and cost estimate to COBB for review. Attend a
meeting with COBB to review the 60% deliverables. Address questions
and comments, as needed.
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SRW (2.13.24) Page 6 of 9
PERMITTING
II.1 Prepare and submit permit application packages to the following Agencies to obtain
approval to construct the new water main:
II.1.1 Florida Department of Environmental Protection – Division of Water
Resource Management
II.1.2 Palm Beach County Engineering and Public Works – Land Development
II.2 Address comments, revise documents, and resubmit as needed.
100% DELIVERABLES
III.1 Prepare 100% plans and technical specifications after permit approvals.
Specifications shall utilize the Construction Specifications Institute (CSI) 16-division
Master Format, and new specifications shall be incorporated into the existing
specifications for the streetscape project. CGA shall utilize COBB’s standard utility
specifications for the proposed water main.
III.2 Conduct a final internal QA/QC review.
III.3 Prepare a 100% cost estimate.
III.4 Submit 100% plans, technical specifications, and cost estimate to COBB for review.
Attend a meeting with COBB to review the 100% deliverables. Address questions,
comments, and resubmit revised documents to COBB, if needed.
IV. ASSUMPTIONS AND EXCLUSIONS
IV.1 COBB acknowledges that CGA has no control over costs of labor, materials,
competitive bidding environments and procedures, unidentified field conditions,
financial and/or market conditions, or other factors likely to affect the cost estimates
of this project, all of which are and will unavoidably remain in a state of change,
especially in light of the high volatility of the market. COBB further acknowledges
that this is a “snapshot in time” and that the reliability of cost estimates will
inherently degrade over time.
IV.2 The scope specifically excludes permitting within FEC Railway right-of-way or
anywhere else outside of the Project Limits. The scope included for preapplication
meetings with FDOT and FEC is just to determine a conceptual option for the new
water main in Phase 2.
IV.3 The Subsurface Utility Investigation restoration of test holes only includes backfilling
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SRW (2.13.24) Page 7 of 9
with native soils and asphalt cold patch for the approximate 12-inch-by-12-inch
excavations in the roadway.
IV.4 Permit application and plan review fees shall be the responsibility of others.
IV.5 Construction Administration services are excluded but can be provided under a
separate proposal.
IV.6 Maintenance of Traffic (MOT), Traffic Control Plans, or any other plans not
specifically listed herein are excluded.
IV.7 Bidding services shall be provided under the previously executed contract for the
streetscape project since the Phase 1 water main improvements are being
incorporated into the streetscape project bid documents.
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SRW (2.13.24) Page 8 of 9
PROJECT LOCATION EXHIBIT (PALM BEACH COUNTY AND BOYNTON BEACH RIGHT-OF-WAY
ONLY)
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SRW (2.13.24) Page 9 of 9
EXHIBIT B
FEES
Labor Category
Civil Engineering
CGA
Hours
Subconsultants
Cost
Project Manager
Engineer
CADD Technician
Clerical /
Administrative
SUE
(US Potholing)
Percent Utilization 50.8% 8.1% 20.1% 0.6% 24.5%
Labor Rate with
Multiplier
$200.00 $137.00 $100.00 $79.00
Task
Number
Task Name
Hours
Sub-
total ($)
Hours
Sub-
total
($)
Hours
Sub-
total
($)
Hours
Sub-
total
($)
Subtot
al
($)
1
60%
Deliverables
75.0
$15,000.00
9.0
$1,233.00
83.0
$8,300.00
0.0
$0.00
167.0
$10,670.00
$35,203.00
2
Permitting
30.0
$6,000.00
6.0
$822.00
12.0
$1,200.00
4.0
$316.00
52.0
$0.00
$8,338.00
3
100%
Deliverables
28.0
$5,600.00
16.0
$2,192.00
10.0
$1,000.00
0.0
$0.00
54.0
$0.00
$8,792.00
TOTAL
133.0
$26,600.00
31.0
$4,247.00
105.0
$10,500.00
4.0
$316.00
273.0
$10,670.00
$52,333.00
*Each task will be billed on a Lump Sum basis as a percentage of progress.
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GENERAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter
referred to as "the CITY", and CALVIN, GIORDANO & ASSOCIATES, INC., hereinafter
referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive
Negotiation Act,the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for
professional consulting services from qualified engineering firms for required City services; and
WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for
the City of Boynton Beach, RFQ No. 046-2821-17/TP; and
WHEREAS, the City Commission designated CONSULTANT as one of several qualified
consulting firms to provide General Consulting services to the CITY; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 -SERVICES
1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task
orders, at the request of the CITY during the term of this Agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to CONSULTANT is in conjunction with:
Scope Category A Water Plant Modifications, Capacity and Operations
Evaluation
Scope Category B Infrastructure Improvements and Evaluations
Scope Category C Ancillary Studies and Services
X Scope Category D Transportation Services
Scope Category E Architectural and Landscaping Design Services
1.2 SERVICE AND RESPONSIBILITIES
1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task
Order(s) under such terms as set forth in the Task Order(s). The terms of
the Task Order(s) shall be supplemental to the terms of this Agreement.
1.2.2 The CONSULTANT is responsible for defects in its work and in the work of
its Sub-consultants'work.
The term"Agreement"has the same meaning as the term"contract".
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1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare
preliminary studies and reports, feasibility studies, financial and fiscal
studies, and evaluation of existing facilities, preparation of schematic
layouts and sketches where required; develop construction budgets,
opinions of Probable Construction Cost, and shall consult and confer with
the CITY as may be necessary for the CITY to reach decisions concerning
the subject matter. The CONSULTANT shall attend meetings with the
CITY Commission and CITY staff as may be required, and provide the
CITY with a time schedule which shall include but not be limited to submittal
of all milestones related to the project up to delivery of 100% construction
documents.
1.2.4 During the preliminary services phase, the CONSULTANT shall advise the
CITY, based on CONSULTANT'S professional opinion and the current
project conditions and reasonably foreseeable conditions of the
completeness of existing data and its suitability for the intended purposes
of the project; CONSULTANT to obtain data from other sources; identify
and analyze requirements of governmental authorities having jurisdiction
to approve the design of the project; provide analyses of the CITY'S needs
for surveys; perform site evaluations and comparative studies of
prospective site and solutions; and prepare and furnish a report to the City
setting forth the CONSULTANT'S findings and recommendations.
1.2.4.1 Providing any type of property surveys or related engineering
services needed for the transfer of interests in real property, and
field surveys for design purposes and engineering surveys and
staking to enable Contractor to proceed with their work, and
providing other special field surveys.
1.2.4.2 Preliminary design services to be performed by the
CONSULTANT shall include consultation and advice concerning
the extent and scope of proposed work and preparation of
preliminary design documents consisting of design criteria,
preliminary drawings, and outline specifications as well as
preliminary estimates of probable Construction Costs. This
phase will also include preparation of a preliminary site plan or
schematic drawings when appropriate. Up to six (6) copies of
the preliminary design documents shall be furnished to the CITY,
the exact number needed shall be determined by the CITY.
1.2.4.3 CONSULTANT shall provide environmental assessment and
impact statements as required to determine the suitability of the
site and its surrounds for the proposed project; and/or
1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide
advice and assistance relating to operation and maintenance of
project or other systems; evaluate and report on operations;
assist the CITY in matters relating to regulatory agency
operations review or operating permit non-compliance; assist
with startup and operator training for newly installed or modified
equipment and processes, and in the preparation of operating,
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maintenance and staffing manuals for the project.
1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY
in the following manner: specifying the extent and scope of the work to be
performed; prepare detailed construction drawings and specifications;
revise and update, where necessary, previously designed construction
plans and specifications, whether in whole or in part, to be incorporated
into the proposed work and prepare construction documents and final
estimate of probable Construction Cost. The final design services shall be
provided in an electronic format, and shall also include furnishing up to six
6) copies of plans and specifications to the CITY; the exact number
needed shall be determined by the CITY.
1.2.6 Final design services shall also include preparation of permit applications
as may be required by such agencies as have legal review authority over
the project. These applications shall include but not be limited to site plan
approvals or other permits and work efforts and shall also consist of
meetings at staff level and meetings with the appropriate governing body
and the CITY. Unless specifically provided for under the final design
phase, permit application services do not include applications requiring
environmental impact statements or environmental assessments,
consumptive use permits and landfill permits.
1.2.6.1 The CONSULTANT based upon the approved design documents
and any adjustments authorized by the CITY in each project,
project schedule or construction budget shall prepare for
approval by the CITY,design development documents consisting
of drawings and other documents to fix and describe the size and
character of each project's civil engineering, environmental,
landscape, architectural, structural, mechanical, and electrical
systems and any other requirements or systems, materials and
such other elements as may be appropriate for a complete
project. The CONSULTANT shall also advise the CITY of any
adjustments to the preliminary estimate of probable Construction
Costs.
1.2.6.2 The CONSULTANT based on CITY approved design
development documents and any further adjustments in the
scope or quality of the project or in the construction budget shall
prepare Construction Documents within the number of calendar
days specified within any notice issued by the CITY. The
Construction Documents shall consist of drawings and
specifications setting forth in detail the requirements for the
construction of the project.
1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of
the necessary proposal information and forms.
1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to
previous estimates of probable Construction Costs indicated by
changes in codes, administrative and jurisdictional requirements
of general market conditions.
1.2.6.5 The CONSULTANT shall submit to the CITY for each project,
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electronic format and up to six (6) copies of the Construction
Documents, and a further revised estimate of total probable
Construction Cost.
1.2.6.6 CONSULTANT shall include in the Construction Documents a
requirement that the construction contractor shall provide a final
as-built survey of the project in Autocad electronic format by a
registered Land Surveyor, and provide marked up construction
drawings to the CONSULTANT so that the CONSULTANT can
prepare and deliver to the CITY the record drawings in the form
required by the CITY and as required.
1.2.6.7 Prior to final approval of the Construction Documents by the
CITY, the CONSULTANT shall conduct a thorough review and
quality control evaluation of the entire work product for
compliance with requirements of any local, state, or federal
agency from which a permit or other approval is required. The
CONSULTANT shall make sure that all necessary approvals
have taken place.
1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct
a thorough quality control review and assessment of the work
product to determine whether the work is properly coordinated
and confirm that the CITY and agency comments have been
addressed and incorporated into the Contract Documents. The
CONSULTANT shall provide to the CITY a Quality Assurance
and Quality Control plan in a format that advises the CITY that all
work has been performed as required. A report shall be
submitted in accordance with those standards to apprise the
CITY that due care has been taken in the preparation of the
Contract Documents.
1.2.6.9 The CONSULTANT shall signify responsibility for the Contract
Documents including technical specifications and drawings
prepared pursuant to this Agreement by affixing a signature,date
and seal as required by Florida Statutes Chapters 471 and 481,
if applicable. The CONSULTANT shall comply with all of its
governing laws, rules, regulations, codes, directives and other
applicable federal, state and local requirements in preparation of
the work.
1.2.7 The CONSULTANT shall provide the construction documents, technical
specifications and drawings completed in accordance with generally
accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions.
1.2.8 The CONSULTANT following the CITY'S approval of the Construction
Documents and the latest estimate of probable Construction Cost shall
when so directed and authorized by the CITY, assist the CITY in obtaining
proposals or negotiated proposals, and assist in preparing contracts for
construction.
1.2.8.1 The CONSULTANT shall review and analyze the proposals
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received by the CITY and shall make a recommendation for any
award based on the CITY'S Procurement Administrative Policy
Manual.
1.2.8.2 Any Opinion of the Construction Cost prepared by
CONSULTANT represents its judgment as a design professional
and is supplied for the general guidance of the CITY. Since
CONSULTANT has no control over market conditions,
CONSULTANT does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to the
CITY. If the project is not advertised for proposals within three(3)
months after delivery of Final Design Plans, through no fault of
the CONSULTANT or if either local market conditions or industry-
wide prices have changed because of unusual or unanticipated
events effecting the general level of prices or times of delivery in
the construction industry, the established Construction Cost limit
may be adjusted as determined by the CITY'S Representative
and as approved by the CITY, if necessary. Additionally, if the
CITY expands a project scope of work after the CONSULTANT
renders the Final estimated probable Construction Cost of the
Final Design Plans, the CONSULTANT shall not be responsible
for any redesign without compensation which shall be mutually
agreed to by the parties hereto.
1.2.8.3 The CONSULTANT shall provide the CITY with a list of
recommended prospective bidders.
1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid
conferences.
1.2.8.5 The CONSULTANT shall recommend any addenda, through the
CITY'S representative as appropriate, to clarify, correct, or
change proposal documents.
1.2.8.6 If Pre-Qualification of bidders is required as set forth in the
Request for Proposals or Invitation to Bid (two-step bid process),
CONSULTANT shall assist the CITY, if requested in developing
qualifications criteria, review qualifications and recommend
acceptance or rejection of the bidders.
1.2.8.7 If requested, CONSULTANT shall evaluate proposals and
bidders, and make recommendations regarding any award by the
CITY.
1.2.9 The CITY shall make decision on all claims regarding interpretation of the
Construction Documents, and on all other matters relating to the execution
and progress of the Work after receiving a recommendation from the
CONSULTANT. The CONSULTANT shall check schedules, shop
drawings and other submissions for the limited purpose of checking
conformance with the concept of the project, and for compliance with the
information given by the Construction Documents. The CONSULTANT
shall also review change orders prepared and submitted by Contractor and
review and make recommendations to the City for progress payments to
the Contractor based on each project schedule of values and the
percentage of work completed. The CONSULTANT will neither have
control over or charge of, nor be responsible for, the construction means,
methods, techniques, sequences, or procedures, or for the safety
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precautions and programs in connection with the construction of the
assigned task order projects.
1.2.9.1 The CITY shall maintain a record of all change orders which shall
be categorized to the various types, causes, etc. that may be
determined useful and necessary for its purpose.
1.2.9.2 If the CONSULTANT is not the Construction Manager for the
construction, the CITY shall notify the CONSULTANT within
three (3) days of the discovery of any architectural/engineering
error or omission so that the CONSULTANT can be part of the
negotiations resolving the claim between the CITY and the
Contractor.
1.2.10 The CONSULTANT shall carefully review and examine the Contractor's
schedule of values, together with any supporting documentation. The
purpose of such review and examination will be to protect the CITY from
an unbalanced schedule of values which allocates greater value to certain
elements of each project than is indicated by industry standards,supporting
documentation, or data. If the schedule of values is not found to be
appropriate, it shall be returned to the Contractor for revision for supporting
documentation. After making such examination, when the schedule of
values is found to be appropriate, the CONSULTANT shall sign the
schedule of values indicated informed belief that the schedule of values
constitute a reasonable, balanced basis for payment of the Application for
Payment to the Contractor.
1.2.11 The CONSULTANT shall perform on-site construction observation of each
project based on the Construction Documents in accordance with
paragraph 1.2.16 "Resident Project Services" of this Agreement. The
CONSULTANT'S observation shall determine the progress of the work
completed, and whether the work is proceeding in a manner indicating that
the work when fully competed will be in accordance with the Construction
Documents. On the basis of site visits, the CONSULTANT will provide the
CITY with a written report of each site visit in order to reasonably inform
the CITY of the progress of the portion of the Work completed. The
CONSULTANT shall endeavor to identify for the CITY any defects and
deficiencies in the work of contractors, and make written recommendation
to the CITY where the work fails to conform to the Construction Documents.
The CONSULTANT shall not have control over or charge of, or
responsibility for the construction means, methods,techniques, sequences
or procedures. or for safety precautions and programs in connection with
the Work, nor shall the CONSULTANT be responsible for the Contractor's
failure to perform the Work in accordance with the requirements of the
Contract Documents. The CONSULTANT shall not have control over or
charge of, and shall not be responsible for, acts or omissions of the
Contractor or of any other persons or entities performing portions of the
Work. Based on such observation and the Contractor's Application for
Payment, the CONSULTANT shall determine the amount due to the
Contractor and shall issue Certificates for Payment in such amount. These
Certificates will constitute a representation to the CITY based on such
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observations and the data comprising the Application for Payment that the
work has progressed to the point indicated. By issuing a Certificate of
Payment,the CONSULTANT will also represent to the CITY that to the best
of its information and belief, based on what its observation have revealed;
the Work is in accordance with the Construction Documents. The
CONSULTANT shall conduct observations to determine the dates of
substantial and final completion and issue a recommendation for final
payment.
1.2.12 The CONSULTANT shall revise the Construction drawings and submit
record or corrected drawings to the CITY to show those changes made
during the construction process based on the marked up prints, drawings
and other data furnished by the Contractor. The record drawings shall be
provided in electronic format inclusive of conformed PDF files and AutoCad
files in a form compatible with the CITY'S version of AutoCad formats for
archival purposes.
1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on
site bi-monthly or as otherwise determined based on a specific need
established prior to construction by the CITY.
1.2.14 The CONSULTANT shall review change orders prepared and submitted by
the Contractor for the CITY'S approval. CONSULTANT shall not authorize
any changes in the work or time, no matter how minor without prior written
approval by the CITY.
1.2.15 Each project's construction or demolition shall be considered complete
upon compilation of a punchlist by CONSULTANT, which shall be timely
completed by Contractor to the satisfaction of the CITY, written notification
to Contractor by CONSULTANT that all releases of liens are satisfied and
written recommendation by CONSULTANT for final payment to the
Contractor which shall be at the sole discretion of the CITY.
1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of
any work, the CONSULTANT will if authorized by the CITY, provide
resident project observation services to be performed by one or more
authorized employees ("Resident Project Representative") of the
CONSULTANT. Resident Project Representatives shall provide extensive
observation services at the project site during construction. The Resident
Project Representative will endeavor to identify for the CITY any defects
and deficiencies in the work of the Contractor(s). Resident project
observation services shall include but is not limited to the following:
Conducting all pre-construction conferences;
Conducting all necessary construction progress meetings;
Observation of the work in progress to the extent authorized by the
CITY;
Receipt, review coordination and disbursement of shop drawings and
other submittals;
Maintenance and preparation of progress reports;
Field observation and verification of quantities of equipment and
materials installed;
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Verification of contractors' and subcontractors' payrolls and records for
compliance with applicable contract requirements;
Maintenance at each project site on a current basis of all drawings,
specifications, contracts, samples, permits, and other project related
documents, and at the completion of each project, deliver all such
records to the CITY;
Preparation, update and distribution of a project budget with each
project schedule;
Notification to the CITY immediately if it appears that either each project
schedule or each project budget will not be met;
Scheduling and conducting monthly progress meetings at which CITY,
Engineer, general contractor, trade contractor, utilities representatives,
suppliers can jointly discuss such matters as procedures, progress,
problems and scheduling.
Recommending courses of action, and enforcing action selected by the
CITY, if so directed by the CITY, if the general and/or trade contractors
are not meeting the requirements of the plans, specifications, and
Construction Contract;
Development and implementation of a system for the preparation,
review, and processing of change orders;
Maintenance of a daily log of each project;
Recording the progress of each project, and submission of written
monthly progress reports to the CITY including information on the
Contractors' work and the percentage of completion;
Determination of substantial and final completion of work and
preparation of a list of incomplete and unsatisfactory items, and a
schedule of their completion; and
Securing and transmitting to the CITY, required guarantees; affidavits;
releases; key manuals; record drawings; and maintenance stocks;
The Resident Project Representative shall also investigate and report on
complaints and unusual occurrences that may affect the responsibility of
the CONSULTANT or the CITY in connection with the work. The Resident
Project Representative shall be a person acceptable to the CITY, and the
CITY shall have the right to employ personnel to observe the work in
progress, provided however that such personnel as employed by the CITY,
and such personnel will be responsible directly to the CITY in the
performance of work that would otherwise be assumed and performed by
the CONSULTANT. The Resident Project Representative shall not have
control over or charge of, or responsibility for the construction means,
methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, nor shall the Resident Project
Representative be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contract Documents. The
Resident Project Representative shall not have control over or charge of,
and shall not be responsible for, acts or omissions of the Contractor or of
any other persons or entities performing portions of the Work.
Although CONSULTANT shall not be responsible for health or safety
programs or precautions related to CITY"s activities or those of CITY's
other contractors and consultants or their respective subcontractors and
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vendors ("Contractors"), CONSULTANT shall nonetheless report to the
Resident Project Representative health and safety conditions or
deficiencies observed by CONSULTANT'S employees or representatives.
CONSULTANT shall not be responsible for CITY's pre-existing site
conditions or the aggravation of those preexisting site conditions to the
extent not caused by the negligence or willful misconduct of
CONSULTANT. CONSULTANT shall not be responsible for inspecting,
observing, or correcting health or safety conditions or deficiencies of CITY,
Contractors or others at project site ("Project Site") other than for
CONSULTANT's employees, subconsultants and vendors.
1.3 ADDITIONAL SERVICES
1.3.1 When additional services are necessary they shall be specified in the
written Task Order. Examples of additional (not exclusive) services are:
Preparation of applications and supporting documents for private or
governmental grants, loans or advances in connection with any
particular project.
Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other
information furnished by or to the CITY.
Services resulting from significant changes in the general scope, extent
or character of any particular project or its design including but not
limited to, changes in size, complexity, the CITY'S schedule, character
of construction or method of financing, and revising previously
accepted studies, reports, design documents or Construction Contract
Documents when such revisions are required by changes to laws,
rules, regulations, ordinances, codes or orders enacted subsequent to
the preparation of such studies, reports or documents, or are due to
any other causes beyond the CONSULTANT'S control.
S Providing renderings or models for the CITY'S use.
Preparing documents for alternate Proposals requested by the CITY for
work that is not executed for documents for out-of-sequence work.
Investigations and studies involving but not limited to, detailed
considerations of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the
preparation of feasibility studies; cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for a
project; evaluating processes available for licensing and assisting the
CITY in obtaining process licensing; detailed quantity surveys of
material, equipment and labor, and audits or inventories required in
connection with construction performed by the CITY.
Assistance in connection with Proposal/proposal protests, re-bidding or
re-negotiating contracts for construction, materials, equipment or
services, unless the need for such assistance is reasonably determined
by the CITY to be caused by the CONSULTANT (e.g. defective plans
and/or specifications which inhibit contractors from submitting
proposals) in which event there shall be no additional cost for the
provision of such services.
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Preparing to serve or serving as a CONSULTANT or witness for the
CITY in any litigation, arbitration or other legal or administrative
proceeding.
Additional services in connection with a project not otherwise provided
in this Agreement.
Services in connection with a project not otherwise provided for in this
Agreement.
Services in connection with a field order or change order requested by
the CITY.
Providing artwork, models, or renderings as requested by the CITY.
1.3.2 When required by the Construction Contract documents in circumstances
beyond the CONSULTANT'S control, and upon the CITY'S authorization,
it will furnish the following additional services.
Services in connection with work changes necessitated by unforeseen
conditions encountered during construction.
Services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of claims
submitted by Contractor, except to the extent such claims are caused
by the errors or omissions of the CONSULTANT.
Additional or extended services during construction made necessary by
1) work damaged by fire or other cause during construction, 2) a
significant amount of defective or negligent work of any contractor, 3)
acceleration of the progress schedule involving services beyond normal
working hours, or 4) default by any contractor; provided however, if a
fire occurs as a direct result of errors or omissions in the design by the
CONSULTANT or if the CONSULTANT fails to notify the Contractor of
the deficient quality of their workmanship pursuant to CONSULTANT'S
duties as described in the Contract Documents, the CONSULTANT'S
additional services shall be deemed part of Basic Services and
compensated as such.
Services in connection with any partial utilization of any part of a project
by the CITY prior to Substantial Completion.
Services to evaluate the propriety of substitutions or design alternates
proposed by the Contractor and involving methods of construction,
materials, or major project components either during bidding and/or
Negotiation services or Construction Contract award. The cost of such
services shall be borne by the Contractor, and this requirement shall be
included in the construction contract.
Services in making revisions to drawings and specifications occasioned
by the acceptance of substitutions proposed by the Contractor, unless
such substitutions are due to a design error by the CONSULTANT in
which case such services shall be deemed Basic Services. Except
when caused by a design error by the CONSULTANT, the cost of such
services shall be borne by the Contractor, and this requirement shall be
included in the construction contract.
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1.4 CITY'S RESPONSIBILITIES
1.4.1 The CITY shall do the following in a timely manner so as not to delay the
services of the CONSULTANT:
1.4.1.1 Designate in writing a person or persons to act as the CITY'S
representative with respect to the services to be rendered under
this Agreement. Such person(s) shall have complete authority to
transmit instructions and receive information with respect to the
CONSULTANT'S services for a particular project. The CITY may
have multiple CITY Representative(s) or project managers during
the performance of this AGREEMENT based on the specific task
orders/written task orders from each of the Scope Categories.
1.4.1.2 Provide all criteria and full information as to the CITY'S
requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations.
1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S
request all available information pertinent to the Project including
previous reports and any other data relative to design or
construction of the project.
1.4.1.4 Furnish to the CONSULTANT, if required for the performance of
CONSULTANT'S services (except where otherwise furnished by
the CONSULTANT as Additional Services), the following:
1.4.1.5 Data prepared by, or services of others, including without
limitations borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspection of
samples, materials and equipment;
1.4.1.6 Appropriate professional interpretations of all of the foregoing;
1.4.1.7 Environmental assessment and impact statements;
1.4.1.8 Property, boundary, easement, right-of-way, topographic and
utility surveys;
1.4.1.9 Property descriptions;
1.4.1.10 Zoning, deed and other land use restrictions;
1.4.1.11 Approval and permits required in the CITY'S jurisdiction and
those from outside agencies unless such approvals and permits
are the responsibility of the CONSULTANT; and
1.4.1.12 Arrange for access to make all provisions for the CONSULTANT
to enter upon the CITY'S property as required for the
CONSULTANT to perform services under this Agreement.
1.4.1.13 Consistent with the professional standard of care and unless
otherwise specifically provided herein, CONSULTANT shall be
entitled to rely upon the accuracy of data and information
provided by the CITY or others without independent review or
evaluation.
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1.5 SEQUENCE OF EVENTS
1.5.1 Following receipt of any task order/written task order, the CONSULTANT
shall submit to the CITY, at least five (5) days prior to actual
commencement of services, a schedule of services and expenses for
approval by the CITY before any services commence. The CITY reserves
the right to make changes to the sequence as necessary to facilitate the
services or to minimize any conflict with operations.
1.5.2 Task orders will be issued to the CONSULTANT in the order in which the
CITY wishes, and shall be performed and completed in the order they are
issued, unless otherwise specifically permitted by the CITY. Minor
adjustments to the timetable for completion approved by the CITY in
advance, in writing, shall not constitute non-performance by
CONSULTANT pursuant to this Agreement.
1.5.3 Proposals received by CONSULTANT as a result of task order/written task
order that exceeds $25,000 in cost will require approval from CITY
Commission before execution of services in accordance with the CITY'S
Procurement Administrative Policy.
1.5.4 When the CITY issues task orders to the CONSULTANT, each
authorization shall contain a stated completion schedule. If caused by the
negligent errors or omissions of CONSULTANT,failure of the
CONSULTANT to meet the stated schedule shall constitute a default for
which payment for services may be withheld until default is cured. Time
extensions will be reviewed upon request for extenuating circumstances.
1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to
begin new task orders on a "rolling" basis, as some already assigned task
orders near timely completion. If a subsequent Task Order is issued to the
CONSULTANT before it has completed the current task order, the
completion date for each Task Order will remain independent of each other
so that the CONSULTANT will prioritize the uncompleted Task Order from
the first Task Order and finish as soon as practical. Failure to complete
the "older" task orders in a timely manner, may adversely impact upon
continued early authorization to start a subsequent work.
1.5.6 When the CONSULTANT has exceeded the stated completion date
including any extension for extenuating circumstances which may have
been granted, a written notice of Default will be issued within seven (7)
days of the date that the default became active with a requirement of seven
7) days to cure said default, to the CONSULTANT and payment for
services rendered shall be withheld until such time that the CITY has
determined that default has been cured.
1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY
reserves the right not to issue to the CONSULTANT any further task orders
until such time as it is no longer in default, and the CONSULTANT has
demonstrated to the CITY'S satisfaction, the reasons for tardy completion
have been addressed and are not likely to be repeated in subsequent task
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orders. This restricted issuance provision may result in the CONSULTANT
not being issued all of the planned work the CITY anticipated in this
Agreement. The CONSULTANT shall have no right to the balance of any
work, or to any compensation associated with these non-issued task orders
due to the CONSULTANT being rendered in default.
1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15)
consecutive calendar days beyond the time frame provided in Paragraph
1.5.6 the CITY may at its sole option retain another CONSULTANT to
perform any work arising out of this Agreement and/or terminate this
Agreement.
1.6 DEFINITION OF DEFAULT
1.6.1. An event of default shall mean a material breach of this Agreement .
Without limiting the generality of the foregoing and in addition to those
instances referred to as a material breach, an event of default shall include
the following:
CONSULTANT has not performed services on a timely basis due to
CONSULTANT'S negligent errors or omissions;
CONSULTANT has refused or failed to supply enough properly skilled
personnel;
CONSULTANT has failed to make prompt payments to SUB-
CONSULTANTS or suppliers for any services after receiving payment
from the CITY for such services or supplies;
CONSULTANT has failed to obtain the approval of the CITY where
required by this Agreement;
CONSULTANT has refused or failed to provide the services as defined
in this Agreement;
CONSULTANT has filed bankruptcy or any other such insolvency
proceeding and the same is not discharged within ninety (90) days of
such date.
CITY has failed to make payments to CONSULTANT in
accordance with the requirements of this Agreement
1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages
resulting from the Default including:
The difference between the amount that has been paid to the
CONSULTANT and the amount required to complete the
CONSULTANT'S work, provided the fees by the firm replacing the
CONSULTANT are reasonable and the hourly rates do not exceed the
CONSULTANT'S rates. This amount shall also include procurement
and administrative costs incurred by the CITY.
In the event of default by the City, CONSULTANT may suspend the
Work pending receipt of such payment.
1.6.3. The CITY may take advantage of each and every remedy specifically
existing at law or in equity. Each and every remedy shall be in addition to
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every other remedy given or otherwise existing, and may be exercised from
time to time and as often and in such order as may be deemed expedient
by the CITY. The exercise or the beginning of the exercise of one remedy
shall not be deemed to be a waiver of the right to exercise any other
remedy. The CITY'S rights and remedies as set forth in this Agreement
are not exclusive and are in addition to any other rights and remedies
available to the CITY in law or in equity.
ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial two (2) years, commencing at the
execution of the contract, and the City reserves the right to unilaterally renew the
contract for three (3) additional one (1) year periods under the same terms,
conditions. The CONSULTANT understands and acknowledges that the Services
to be performed during the two (2) year term will be governed by this Agreement,
and that there is no guarantee of future work being given to the CONSULTANT.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY'S discretion), the CONSULTANT shall
continue the services, if requested by the CITY, or until task or tasks is/are
completed. At no time shall this transitional period extend more than one-hundred
and eighty(180)calendar days beyond the expiration date of the existing contract.
The CONSULTANT will be reimbursed for this service at the rate in effect when
this transitional period clause was invoked by the CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the giving of written notice by the
CITY to the CONSULTANT by way of an executed task order and resultant task
order. CONSULTANT shall perform all services and provide all work product
required pursuant to this Contract and the specific task order by the Sequence of
Events, or unless an extension of time is granted in writing by the CITY.
ARTICLE 4- PAYMENT
4.1 The CONSULTANT shall be paid by the CITY for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by CONSULTANT shall be made in
accordance with the Fee Schedule as provided in Exhibit "A" attached
hereto.
Payment as provided in this Section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment
and incidentals necessary to complete the work.
Compensation for sub-CONSULTANTS will be negotiated based on
each task order. Compensation will be through a direct mark-up in
accordance with the Schedule of Professional Fees attached hereto.
Sub-consulting services shall be approved by the CITY'S
representative prior to performance of the sub-consulting work.
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Consulting time for processing and management of the sub-
CONSULTANT shall not be included in direct costs as the direct mark-
up is applied for management efforts.
The CONSULTANT may submit vouchers to the CITY once per month
during the progress of the Work for partial payment for project
completed to date. Such vouchers will be verified by the CITY, and
upon approval thereof, payment will be made to the CONSULTANT in
the amount approved.
In certain cases where incremental billing for partially completed Work
is permitted by the CITY'S representative, the total incremental billings
shall not exceed the percentage of estimated completion of identifiable
deliverables or accepted deliverables as of the billing date.
Computation of Time Charges/Not-to-Exceed Method of Payment:
When a service is to be compensated based on time charge/not-to-
exceed method, the CONSULTANT shall submit a not-to-exceed
proposal to the CITY'S representative for prior approval based on
estimated labor hours and hourly rates which shall not exceed the
established hourly rates as per the Schedule of Professional Fees
attached hereto, plus sub-CONSULTANT services and other related
costs supporting the proposed work. The CITY shall not be obligated
to reimburse the CONSULTANT for costs incurred in excess of the total
not-to-exceed cost amount.
Final payment of any balance due the CONSULTANT of the total
contract price earned will be made promptly upon its ascertainment and
verification by the CITY after the completion of the Work under this
Agreement and its acceptance by the CITY, which shall occur no later
than 30 days following receipt of the invoice.
Final Invoice: In order for both parties herein to close their books and
records, the CONSULTANT will clearly state "final invoice" on the
CONSULTANT'S final/last billing to the CITY. The final invoice certifies
that all services have been properly performed and all charges and
costs have been invoiced to the CITY. Since this account will
thereupon be closed, and any other further charges if not properly
included on this invoice are considered waived by the CONSULTANT.
The cost of all services as stated herein shall remain fixed and firm for
the initial two (2) year period of the contract. Costs for subsequent
years and any extension terms shall be subject to an adjustment only if
increases incur in the industry. However, unless very unusual and
significant changes have occurred in the industry, such increases shall
not exceed 5% per year, or whichever is less, the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U)
National) as published by the Bureau of Labor Statistics, U.S.
Department Labor. The yearly increase, or decrease in the CPI shall
be the latest index published and available ninety (90) days prior to the
end of the contract year then in effect, compared to the index for the
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same month one (1) year prior. Any requested cost increase shall be
fully documented and submitted to the CITY at least sixty (60) days
prior to the contract anniversary date. Any approved cost adjustments
shall become effective upon the anniversary date of the contract. In
the event the CPI or industry costs decline, the CITY shall have the
right to receive from the CONSULTANT, a reasonable reduction in
costs that reflect such changes in the industry.
The CITY may after examination, refuse to accept the adjusted costs if
they are not properly documented, increases are considered to be
excessive, or decreases are considered to be insufficient. In the event
the CITY does not wish to accept the adjusted costs and the matter
cannot be resolved to the satisfaction of the CITY, the Contract may be
cancelled by the CITY upon giving thirty (30) calendar days written
notice to the CONSULTANT
ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all
documents, drawings, specifications and other materials produced by the
CONSULTANT in connection with the services rendered under this Contract the
documents shall be the property of the CITY whether the Project for which they
are made is executed or not. Notwithstanding the foregoing, the CONSULTANT
shall maintain the rights to reuse standard details and other design features on
other projects. The CONSULTANT shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and
use in connection with CONSULTANT'S endeavors. Any use of the documents
for purposes other than as originally intended by this Contract, without the written
consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Contract shall remain in full force and effect only as long as the expenditures
provided in the Contract have been appropriated by the City Commission of
Boynton Beach in the annual budget for each fiscal year of this Contract, and is
subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage
in the scope of services contemplated under this Contract and that it will retain and
assign qualified professionals to all assigned projects during the term of this
Contract. CONSULTANT'S services shall meet a standard of care for professional
engineering and related services equal to the standard of care for engineering
professional practicing under similar conditions. In submitting its response to the
RFQ, CONSULTANT has represented to CITY that certain individuals employed
by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY
has relied upon such representations. Therefore, CONSULTANT shall not change
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the designated Project Manager for any project without the advance written
approval of the CITY, which consent shall not be unreasonably withheld.
ARTICLE 8 -COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service
Contract, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under
this Contract,shall review and comply with laws, regulations, codes and standards
in effect as of the date of this agreement that are applicable to CONSULTANT'S
services and shall exercise professional care and judgment to comply with
requirements imposed by governmental authorities having jurisdiction over the
project. Should changes in any law, ordinance, or regulation result in increased
costs or delays to services rendered, both parties agree to an equitable adjustment
to schedules and prices.
ARTICLE 9 - INDEMNIFICATION
9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall
indemnify, and hold harmless the CITY, its offices, agents and employees, from
and against any and all losses, or any portion thereof, including reasonable
attorneys'fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to CONSULTANT'S own employees, or damage to
property to the extent caused by negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or other persons employed or utilized by
CONSULTANT in performance of CONSULTANT'S duties. Neither party to this
Contract shall be liable for any special, incidental, indirect or consequential
damages of any kind, including but not limited to lost profits or use that my result
from this Contract or out of the services or goods furnished hereunder.
9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes,
CONSULTANT's indemnification obligation (when providing services to CITY)
shall not exceed the value of CONSULTANT's total compensation. Such
obligation shall not be construed to negate, abridge or otherwise reduce other
rights or obligations of indemnity which would otherwise exist as to a party or
person described in this Article.
PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN
PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF
CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM THE NEGLIGENCE
OCCURRING WITHIN THE COURSE AND SCOPE OF THIS
PROFESSIONAL SERVICES AGREEMENT
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ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall
maintain the following insurance policies, and provide certificates of insurance
evidencing such coverages and limits, and shall be written by an insurance
company authorized to do business in Florida.
10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance
covering all employees with limits meeting all applicable state and federal
laws. CONSULTANT shall include the Worker's Compensation and
Employer's Liability Insurance requirements in its subcontracts. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub-
CONSULTANT that does not have their own Worker's Compensation and
Employer's Liability Insurance, unless not required by statute. The policy
must contain a waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Contract, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis. Coverage
shall include Premises and Operations; Independent Contractors, Products
Completed Operations and Contractual Liability with specific reference of
Article 9, "Indemnification" of this Contract. This policy shall provide
coverage for death, personal injury or property damage that could arise
directly or indirectly from CONSULTANT'S negligent performance of this
Agreement. CONTRACTOR 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, except for cancellation due
to non-payment of premium.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of this Contract, Business Automobile Liability
Insurance. The CONSULTANT shall maintain a $1,000,000 combined
single limit for bodily injury and property damage liability to protect the
CONSULTANT 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 CONSULTANT or by anyone directly or indirectly employed by the
CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this Contract in the
minimum amount of$1,000,000 per claim/aggregate.
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10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
CONSULTANTS comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is
different in kind, the CITY reserves the right to require the provision by
CONSULTANT of an amount of coverage different from the amounts or kind
previously required and shall afford written notice of such change in requirements
thirty (30) days prior to the date on which the requirements shall take effect.
Should the CONSULTANT fail or refuse to satisfy the requirement of changed
coverage within the thirty (30) days following the CITY'S written notice, the CITY,
at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required change
in policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above
if coverage is not otherwise renewed for Comprehensive Liability Insurance on a
claims-made policy only.
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent
CONSULTANT with respect to the services provided pursuant to this Contract.
Nothing in this Contract shall be considered to create the relationship of employer
and employee between the parties hereto. Neither CONSULTANT nor any
employee of CONSULTANT shall be entitled to any benefits accorded CITY
employees by virtue of the services provided under this Contract. 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 CONSULTANT, or
any employee of CONSULTANT.
11.2 CONSULTANT acknowledges and understands that, as an independent
CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with
Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S
obligation includes, but is not limited to CONSULTANT'S obligation to preserve
public records and make public records available to third parties in addition to the
CITY.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company
or person, other than a bonafide employee working solely for the CONSULTANT,
to solicit or secure this Contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, the CITY shall have the right to
annul this Contract without liability or, in its discretion to deduct from the contract
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price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a
truth-in-negotiation certificate certifying that the wage rates and costs used to
determine the compensation provided for in this Contract is accurate, complete,
and current as of the date of the Contract.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should
the CITY determine that the rates and costs were increased due to inaccurate,
incomplete, or non-current wage rates or due to inaccurate representations of fees
paid to outside CONSULTANTS. The City shall exercise its rights under this
Certificate"within one (1) year following payment.
ARTICLE 14 -SUBCONTRACTING
14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject
the selection of a particular sub-CONSULTANT and to inspect all facilities of any
SUB-CONSULTANTS in order to make a determination as to the capability of the
SUB-CONSULTANT to perform properly under this contract. The CONSULTANT
is encouraged to seek local vendors for participation in subcontracting
opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project
the following provisions of this Article shall apply:
14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this
Contract, and it is necessary to replace the SUB-CONSULTANT to complete the
work in a timely fashion, the CONSULTANT shall promptly do so, subject to
acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a
subcontractor shall not be adequate cause to excuse a delay in the performance
any portion of this contract as set forth in the Scope of Work.
14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees
agree to be bound by the Terms and Conditions of this Contract and it's agreement
with the SUB-CONSULTANT for work to be performed for the City the
CONSULTANT must incorporate the terms of this contract.
ARTICLE 15 - DISCRIMINATION PROHIBITED
15.1 The CONSULTANT, with regard to the work performed by it under this Contract,
will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
ARTICLE 16 -ASSIGNMENT
16.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Contract without the express written consent of the CITY.
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ARTICLE 17 - NON-WAIVER
17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not
be binding upon the waiving party unless such waiver is in writing. In the event of
a written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach. The making or acceptance of a payment
by either party with knowledge of the existence of a default or breach shall not
operate or be construed to operate as a waiver of any subsequent default or
breach.
ARTICLE 18—TERMINATION
18.1 Termination for Convenience: This Contract may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the
other party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons
the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
18.2 Termination for Default: In addition to all other remedies available to the CITY,this
Contract shall be subject to cancellation by the CITY for cause, should the
CONSULTANT neglect or fail to perform or observe any of the material terms,
provisions, conditions, or requirements herein contained, if such neglect or failure
continue for a period of thirty (30) days after receipt by CONSULTANT of written
notice of such neglect or failure. In the event of non-payment of other material
breach of this Contract by CITY, the Contract is subject to cancellation by
CONSULTANT should such condition continue for a period of thirty(30) days after
receipt by CITY of written notice of breach.
ARTICLE 19—DISPUTES AND VENUE
19.1 Any dispute arising out of the terms or conditions of this Contract shall be
adjudicated within the courts of Florida. Further, this Contract shall be construed
under Florida Law. Claims, disputes or other matters in question between the
parties to this Contract arising out of or relating to this Contract shall be in a court
of law. The CITY does not consent to mediation or arbitration for any matter
connected to this Contract. The parties agree that any action arising out of this
Contract shall take place in Palm Beach County, Florida.
ARTICLE 20—UNCONTROLLABLE FORCES
20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this
Contract if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of its
obligations under this Contract and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
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governmental actions. In such circumstances, parties agree to an equitable
adjustment of schedules and prices.
20.2 Neither party shall, however, be excused from performance if non-performance is
due to forces which are preventable, removable, or remediable, and which the non-
performing party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the
obligations of this Contract.
ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES
21.1 CITY shall furnish CONSULTANT available studies, reports and other data
pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to
obtain or provide additional reports and data as required;furnish to CONSULTANT
services of others required for the performance of CONSULTANT'S services
hereunder, and CONSULTANT shall be entitled to use and rely upon all such
information and services provided by CITY or others in performing
CONSULTANT'S services under this Agreement.
ARTICLE 22— ESTIMATES AND PROJECTIONS
22.1 In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for potential projects, CONSULTANT has no control over cost or
price of labor and material; unknown or latent conditions of existing equipment or
structures that may affect operation and maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance of third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate project
cost or schedule.Therefore, CONSULTANT makes no warranty that CITY'S actual
project costs, financial aspects, economic feasibility, or schedules will not vary
from CONSULTANT'S opinions, analyses, projections, or estimates.
ARTICLE 23—THIRD PARTIES
23.1 The services to be performed by CONSULTANT are intended solely for the benefit
of CITY. No person or entity not a signatory to this Agreement shall be entitled to
rely on CONSULTANT'S performance of its services hereunder, and no right to
assert a claim against CONSULTANT by assignment of indemnity rights or
otherwise shall accrue to a third party as a result of this Agreement or the
performance of CONSULTANT'S services hereunder.
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ARTICLE 24 - NOTICES
24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed
to:
City of Boynton Beach Copy to:
Attn: Utilities Director City of Boynton Beach
124 E. Woolbright Road Attn: Procurement Services
Boynton Beach, FL 33435 P.O. Box 310
Boynton Beach, FL 33425
And Notices to CONSULTANT, shall be sent to the following address:
Calvin, Giordano &Associates, Inc.
Attn: Shelley Eichner
560 Village Blvd.
Suite 340
West Palm Beach, FL 33409
ARTICLE 25 - INTEGRATED AGREEMENT
25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations, or
agreements written or oral. This Contract may be amended only by written
instrument signed by both CITY and CONSULTANT.
25.2 In the event of a conflict between a provision of this Agreement and a provision of
an individual Task Order, the provision of the Task Order will control.
ARTICLE 26 -SOVEREIGN IMMUNITY
26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability provided
for in Section 768.28, Florida Statute, as may be emended from time to time, or
any successor statute thereof. To the contrary, all terms and provisions contained
in the Contract, or any disagreement or dispute concerning it, shall be construed
or resolved so as to insure CITY of the limitation from liability provided to any
successor statute thereof. To the contrary, all terms and provision contained in
the Contract, or any disagreement or dispute concerning it, shall be construed or
resolved so as to insure CITY of the limitation from liability provided to the State's
subdivisions by state law.
26.2 In connection with any litigation or other proceeding arising out of the Contract, the
prevailing party shall be entitled to recover its own costs and attorney fees through
and including any appeals and any post-judgment proceedings. CITY'S liability for
costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to
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sovereign immunity, or extend CITY'S liability beyond the limits established in
Section 768.28, Florida Statutes, as amended.
ARTICLE 27— PUBLIC RECORDS
27.1 The City is public agency subject to Chapter 119, Florida Statutes. The
CONSULTANT shall comply with Florida's Public Records Law. Specifically,
the Contractor 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, 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 CONSULTANT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK)
P.O. BOX 310
BOYNTON BEACH, FLORIDA, 33425
561-742-6061.
PYLEJ ar,BBFL.US
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Article 28 -LIMITATION OF LIABILITY
THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER
THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE
REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS
REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS,
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO
THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED
PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER
THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO
ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES)AND
DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT
WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS
IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM
PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY
LAW.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this k day of 20/9
CITY OF BOYNTON BEACH
City Manager CONS TANT
Attest/Authenticated:
Title
I
6 Corporate Seal)
City , rk
Approve' as to F. . Attest/Authent ated:
6 s11
Offi of the Ci A •rney Secretary
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EXHIBIT"A"
SCOPE D - FEE SCHEDULE
FIRM: Calvin Giordano&Associates, Inc.
DATE: 07/19/2018- REVISED PER NEGOTIATION MEETING#1
Hourly
Personnel Classifications Rate
Principal 215.00
Project Manager 190.00
Senior Transportation Engineer 175.00
Senior Transportation Planner 150.00
Senior Surveyor/Mapper 165.00
Engineer 130.00
Urban Designer 120.00
Transportation Planner 125.00
Environmental Specialist 125.00
Engineering Technician 115.00
Inspector(transportation) 100.00
GIS Specialist 125.00
CADD/Technician 95.00
Transportation Planning Technician 100.00
Clerical/Administrative 75.00
Reimbursable Expenses:
Direct costs such as postage, prints, delivery
service will be billed at cost.
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EXHIBIT "B"
City of Boynton Beach Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of
Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"
and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance
coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be
accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance
required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City
reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00
Liquor Liability Each Occurrence 1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med.Expense(any one person)5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
Automobile Liability Combined Single Limit 500,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only,Each Accident 1,000,000.00
Any Auto Other Than Auto Only 100,000.00
Garage Keepers Liability Each Accident 1,000,000.00
Aggregate 1,000,000.00
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident 100,000.00
Disease,Policy Limit 500,000.00
Disease Each Employee 100,000.00
Property
Homeowners Revocable Permit 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
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EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
Date: Name of Firm:
Office Location:
1. Service: (Check One) Planning/Study Activity,Report,Other
Design/Engineering Services/Preliminary Bid Document
Final Document/Bidding/Contractor Award
O Construction Phase/Completion
2. Name of Project:
3. Project Manager:
CONSTRUCTION CONTRACT DATA
5.
a. Engineer's estimate: Final Cost:
b.Substantial Construction Completion Date:
c. Final Construction Completion Date:
6. Overall Rating (Check One) Unsatisfactory
O Poor
Fair
O Good
Excellent
7. Recommended for Future Contracts? Yes No Conditional
If other than yes,provide detailed explanation on a separate sheet of paper.
8. Name,title,and office of rating officer(e.g.Utilities Director):
9. Signature of rating officer:
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EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS (CONTINUED)
DESIGN/ENGINEERING SERVICES AND PRELIMINARY
BID DOCUMENT PREPARTION PHASE
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Thorough site investigation 1 2 3 4 5
2. Meeting cost limitations 1 2 3 4 5
3. Design/results suitability 1 2 3 4 5
4. Cooperative & responsive 1 2 3 4 5
5. Timeliness of submissions 1 2 3 4 5
6. *Plans clear/detailed 1 2 3 4 5
7. *Plan/spec accuracy 1 2 3 4 5
Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and
coordination between disciplines.
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Specs afford competition 1 2 3 4 5
2. Specs complete/thorough 1 2 3 4 5
3. Accuracy of documents 1 2 3 4 5
4. Requirements within engineer's estimate 1 2 3 4 5
5. Cooperative attitude 1 2 3 4 5
6. Timeliness of submissions 1 2 3 4 5
7. Pre-bid conference participation 1 2 3 4 5
8. Response to inquiries 1 2 3 4 5
9. Bid evaluation quality/timeliness 1 2 3 4 5
10. Response to building & permitting agencies 1 2 3 4 5
11. Addendum preparation & permit applications 1 2 3 4 5
Name and title of rating officer (e.g. Utilities Director):
Signature of rating officer:
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EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS (CONTINUED)
CONSTRUCTION PHASE COMPLETION
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Drawings Reflect True Conditions 1 2 3 4 5
2. Plans/Specs Accurate/Coordinated 1 2 3 4 5
3. Design Constructability 1 2 3 4 5
4. Timeliness/Quality of Processing Submittals 1 2 3 4 5
5. Product/Equipment Selection Availability 1 2 3 4 5
6. Field Consultation and Investigations 1 2 3 4 5
7. Quality of Support Services 1 2 3 4 5
8. Overall Construction Contract Administration 1 2 3 4 5
9. Project Closeout Documentation Review 1 2 3 4 5
10. Validity of Claims for Extra Costs 1 2 3 4 5
11. Did Consultant provide sufficient copies of signed
plans to allow for timely review and approval by all 1 2 3 4 5
Permitting Agencies?
12. Did the Consultant actively participate in
overcoming problems with the Contractor, Building 1 2 3 4 5
Officials and/or Regulatory Agencies?
13. Change Order Processing (Accuracy, Timeliness,
1 2 3 4 5Documentation, etc.)
14. Did the Consultant exercise adequate/effecting
coordination and control of subconsultant(s) or 1 2 3 4 5
associate(s)work and paperwork?
15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
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EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
continued)
PLANNING/STUDY ACTIVITY, REPORT, OTHER
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Thorough investigation of situation or activity 1 2 3 4 5
2. Cooperative attitude 1 2 3 4 5
3. Timeliness of submissions 1 2 3 4 5
4. Accuracy of documents 1 2 3 4 5
5. Did the Consultant offer cost saving solutions? 1 2 3 4 5
6. Did the Consultant actively participate in problem 1 2 3 4 5
solving?
7. Overall results 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
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1 SAFELLC-01 LNORTZ
ACR L'
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
08/16/2018
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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 onthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).
PRODUCER NQNEACT
RBN Insurance Services PHONE
303E Wacker Dr.NC,No,Eat):(312)856-9400 jac,Ne):(312)856-9425
Ch
cagSuite
o,IL 60601 ADss:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Hartford Acc.&Indemnity Co. 22357
INSURED
INSURER B:Hartford Fire Insurance Co. 19682Calvin,Giordano&Associates,Inc.
INSURER C:Navigators Insurance Company 423071800EllerDrive
Suite 600 INSURER D:Twin City Fire Insurance Co. 29459
Fort Lauderdale,FL 33316 INSURER E:Great American E&S Ins.Co. 37532
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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
TYPE OF INSURANCE ADDL SUBR
POLICY NUMBER POLICY EFF POLICY EXPLTRINSDWVDMM/DD/YYYY1 IMM/DD/YYYY1 LIMITS
A X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE 1,000,000
CLAIMS-MADE X OCCUR 83UENZV3951 10/03/2017 10/03/2018 pREAI Es(EaEoTorrence) $ 300,000
MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY JECT LOC
PRODUCTS-COMP/OP AGG_3 2,000,000
OTHER:
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000Eaaccident)
X ANY AUTO _ 83UENZV5555 02/11/2018 02/11/2019 BODILY INJURY(Perperson) $OWNED SCHEDULED
AUTOS ONLY AUTOS
yy BODILYOINJURYp (Per accident) $
X AUTOS ONLY X AUpTO ONLY Perr acEcatenq AMAGE
C UMBRELLA LIAR X OCCUR
EACH OCCURRENCE _ $10,000,000
X EXCESS LIAR CLAIMS-MADE CHI7EXC885600IV 10/03/2017 10/03/2018
AGGREGATE 10,000,000
DED X RETENTION$ 0
D AODEPLESLBLTX SATUTE OTH-ERLIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
Y/N 83WECE0623 05/12/2018 05/12/2019 1,000,000
OFFICERIMEMBER EXCLUDED? N/A E.L.EACH ACCIDENT
Mandatory In NH)
E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
E Professional Liab TER 317-77-89 10/03/2017 10/03/2018 Each Claim/Aggregate 5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
The City of Boynton Beach is addititonal insured as respects the general liability and auto liability if required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.P.O.Box 310
Boynton Beach,FL 33425
AUTHORIZED REPRESENTATIVE
I
C-77---‘,.....---A__i
ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
80
February 8, 2021
Mr. Gary Dunmyer, MBA, PE, GC
City Engineer
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
RE: SE 36th Avenue Streetscape Improvements
CGA Proposal No. 20-4088
City Task Order No. UT2D05
Dear Mr. Dunmyer,
Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit this proposal to
the City of Boynton Beach (CITY) for Professional Services on the above
referenced project located in the Palm Beach County.
The scope of this project includes roadway improvements to SE 36th Avenue
from Seacrest Boulevard to the west side of the FEC Railroad Tracks and Right of
Way (R/W). The project falls within the limits of the City of Boynton Beach and
the City of Delray Beach. Although the requested improvements within their
respective right of ways may vary and the cost estimate will be split, this proposal
only includes one set of construction plans for the improvements. The project
includes services for civil engineering, photometrics, landscape architecture,
geotechnical engineering, subsurface utility exploration services for the design,
permitting and bidding phases of the project. CGA will specify environmentally
friendly dark-sky LED luminaires for the photometric design, using FPL poles
and lights, to minimize energy consumption and maintenance. Construction phase
services are not included but can be provided in a separate proposal. The specific
scope of professional services is detailed below.
I.PROFESSIONAL SERVICES
1.TASK 1 – DATA COLLECTION, TYPICAL SECTION
DEVELOPMENT, AND INITIAL PUBLIC OUTREACH
A.CIVIL ENGINEERING
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February 8, 2021
Page 2 of 17
•Utility Coordination
-Create an 811 Design Ticket, submit Utility Request Letters to applicable
utility owners (UOs), create a matrix for tracking, and input utility information
into AutoCAD.
-Subsurface Utility Engineering (SUE) Quality Levels (QL) A through D shall
be provided for this project in accordance with ASCE “Standard Guidelines
for the Collection and Depiction of Existing Subsurface Utility Data”.
Subconsultant services to complete the SUE are described in Task 2.
•Data Collection and Evaluation
-Perform site visit of the corridor to understand existing conditions and site
constraints, gather existing permits and historical information from both cities,
and meet with city staff to confirm project goals and schedule.
-Correspond with FEC but no work is anticipated in their R/W and, therefore,
no permit will be required.
-Coordinate with Palm Beach County Traffic to discuss the existing loop
detectors needing replacement at the west end of the corridor.
•Typical Section Development
-Evaluation of the corridor to develop typical sections that fit within available
right of way (R/W) and fit the goals of the project.
-Prepare up to three (3) typical section alternatives with a high level of
magnitude engineer's opinion of probable cost for each. The costs shall be
divided by the respective City's Right of Way (R/W) improvements.
•Initial Public Outreach
-Prepare for and attend one meeting with stakeholders to gain feedback on the
typical sections.
•Finalize one typical section and submit to CITY for review and written approval
prior to any plan production or releasing subconsultants to begin their scope of work.
B.ELECTRICAL ENGINEERING
•Data Collection and Evaluation
-Provide field visit to review existing lighting pole locations and existing
service points for light poles and irrigation system.
-Contact the owner of the existing lights to obtain information of the type of
light, wattage, and lighting distribution for the preparation of the photometric
street plan.
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February 8, 2021
Page 3 of 17
-Prepare a photometric street plan implementing existing lighting pole
locations and type of light source used.
-Present existing photometric street plan lighting level conditions and report
evaluating of the exiting conditions to the City of Boynton Beach and City of
Delray Beach for review and comments.
-Provide one meeting with the City of Boynton Beach personnel to review
existing conditions, obtain the CITY’s street lighting requirements and
evaluate CITY’s need.
-Provide one meeting with the City of Delray Beach personnel to review
existing conditions, obtain their street lighting requirements and evaluate their
needs.
C.LANDSCAPE ARCHITECTURE
•Perform site visit of the corridor to understand the existing conditions and site
constraints and meet with CITY staff.
•This proposal includes utilizing the survey provided by the CITY for the right of
way and providing identification of existing trees and palms, providing the
Scientific and Common names of the existing trees and palms, the Diameter at
Breast Height, estimated height and spread and condition of specimens. The
Disposition of the existing trees and palms shall be included in this assessment.
o Please note that the survey information that missing on the current survey
are spot elevations at the base of each existing tree. This is essential for
us to protect the root zone of the existing trees in the median as the roots
cannot be cut to any degree without jeopardizing the health of these trees.
We would request that the CITY provide this as additional information to
the survey for this project.
•Provide color renderings of the typical sections as needed for the Public
Participation for the project.
2.TASK 2 – PRELIMINARY DESIGN
A.CIVIL ENGINEERING
•Prepare 30% plans to include the cover sheet and preliminary layout of the
corridor.
•Perform a drainage evaluation of the corridor and provide recommendations to
the City of Delray Beach and Boynton Beach. Since there are different
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requirements and preferences for each right-of- way owner, two sets of drainage
calculations will be required.
•Update the engineer's opinion of probable cost for the 30% layout.
•Attend and prepare meeting minutes for a public meeting at the 30% design phase.
•Conduct a meeting with the CITY to confirm the alignment and proposed
improvements prior to proceeding to 60% plans.
•Pre-application meetings with the permitting agencies listed in Task 3.
•Sub-Consultant to perform utility potholes throughout the project corridor.
Twenty (20) soft digs are anticipated and are included in this proposal as well as
a report of findings. An additional service agreement shall be required if more
than twenty (20) soft digs are required.
•Sub-Consultant to perform a Geotechnical Investigation including (3) Standard
Penetration Tests (SPTs) to a depth of 20', and six (6) pavement cores, and two
(2) open hole exfiltration tests to understand existing pavement condition and
subsurface characteristics. The Geotechnical Report will include results of the
testing, recommendation for pipe and structure bedding, hydraulic conductivity,
and pavement analysis and recommendations.
•Prepare 60% plans for roadway improvements including Paving, Grading &
Drainage Plans; Pavement Marking and Signage Plans; Cross Sections every 100
ft; SWPPP Plans; Details and General Notes.
•Prepare drainage calculations and report.
•Update the engineer's opinion of probable costs for the 60% design plans.
•Attend One (1) meeting with CITY staff to discuss 60% plans and cost estimate.
•Conduct QA/QC for the 60% plan documents consisting of a multidisciplinary peer
review and a constructability review.
•Attend and prepare meeting minutes for a public meeting at the 60% design phase.
B.ELECTRICAL ENGINEERING
•Prepare 60% roadway photometric plans as per meetings with the City of Boynton
Beach and City of Delray Beach.
•Provide one meeting with the City of Boynton Beach personnel and one meeting
with the City of Delray Beach personnel to review the proposed photometric
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street plan.
•Adjust photometric street plan as per each city’s comments.
•Provide revised photometric street plan to the CITY for final approval.
•CGA will provide no more than two rounds of revised photometric street plans
for final approval.
•Prepare 60% plans indicating electrical distribution design and electrical point of
services for the irrigation system.
•Prepare cost estimates for the City of Boynton Beach and for the City of Delray
Beach.
C.LANDSCAPE ARCHITECTURE
•Provide one plan view color rendering of the proposed roadway design for the
Public Participation meeting.
•Prepare 60% plans for roadway improvements including Tree Disposition Plans
and Details, Planting Plans and Preliminary Irrigation Plans, Planting Notes and
Details and Irrigation Notes and Details.
•CGA will work with CITY staff regarding the proposed Landscape Architectural
plans to ensure that the direction meets with their approval.
•Provide 60% construction estimates.
•One (1) meeting with CITY staff to discuss 60% plans and cost estimate.
•Attend two public participation meetings (30% plan meeting and 60% plan
meeting)
D.DELIVERABLES: Submit 60% plan pdf's and cost estimates to CITY for review.
3.TASK 3 – PERMITTING/90% PLANS PRODUCTION
A.CIVIL ENGINEERING
•Revise plans per CITY's comments from the 60% Plans Production review. Fee
includes responding and addressing comments.
•Submit plans to the following agencies for permits:
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-South Florida Water Management District (SFWMD)
•Prepare 90% plans for roadway improvements including Paving, Grading &
Drainage Plans; Cross Sections every 100 ft; Pavement Marking and Signage
Plans; SWPPP Plans; Details and General Notes.
•Prepare 90% construction cost.
•Prepare Technical Specifications. It is our understanding that the CITY will
prepare and provide their own Front-End Specifications for this project.
•Conduct QA/QC for the 90% documents consisting of a multidisciplinary peer
review and a constructability review.
•Attend One (1) meeting with CITY staff to discuss 90% plans, technical
specifications and cost estimate.
•Attend and prepare meeting minutes for a public meeting at the 90% design phase.
B.ELECTRICAL ENGINEERING
•Prepare plans incorporating CITY’s 60% plan production comments.
•Prepare Technical Specifications for electrical scope of work.
•Revise cost estimates as required per CITY’s 60% plan production comments.
•Provide a dry run to each CITY building department for review and comments.
C.LANDSCAPE ARCHITECTURE
•Revise plans per CITY's comments from the 60% Plans Production review. Fee
includes responding and addressing comments.
•Prepare 90% plans for roadway improvements including revising plans per base
changes typically necessary through the plans production process. This will
require revision time to modify the Tree Disposition, Planting Plans and Irrigation
Plans.
•Prepare 90% construction cost estimates for the landscape architectural scope of
services.
•Prepare Technical Specifications. It is our understanding that the CITY will
prepare and provide their own Front-End Specifications for this project.
•One (1) meeting with CITY staff to discuss 90% plans, technical specifications
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and cost estimate.
•Attend one (1) public participation meeting for the 90% plans.
D.DELIVERABLES: Submit PDF's f plans and cost estimate to CITY for review.
4.TASK 4 – FINAL PLANS AND BID DOCUMENTS
A.CIVIL ENGINEERING
•Revise plans per CITY's comments from the 90% Plans Production review. Fee
includes responding and addressing comments.
•Prepare 100% plans for roadway improvements including Paving, Grading &
Drainage Plans; Pavement Marking and Signage Plans; SWPPP Plans; Details
and General Notes.
•Prepare 100% construction cost.
•Prepare 100% Technical Specifications.
•Conduct QA/QC for the Bid documents consisting of a multidisciplinary peer
review and a constructability review.
B.ELECTRICAL ENGINEERING
•Revised plans and cost estimates per CITY’s and building department comments.
•Prepare 100% technical specifications, photometric plans, and electrical plans for
the irrigation system service.
C.LANDSCAPE ARCHITECTURE
•Revise plans per CITY's comments from the 90% Plans Production review. Fee
includes responding and addressing comments.
•Prepare 100% plans for roadway improvements including revising plans per base
changes typically necessary through the plans production process. This will
require revision time to modify the Tree Disposition, Planting Plans and Irrigation
Plans. Provide final Irrigation Plans for project.
•Prepare 100% construction cost estimate.
•Prepare 100% Technical Specifications.
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D.DELIVERABLES: Submit PDF's of plans and cost estimate to CITY for bidding.
5.TASK 5 – BIDDING ASSISTANCE
A.Bidding services are based on the available budget and may not be needed. A
confirmation of sufficient scope will be confirmed prior to moving forward.
B.CIVIL ENGINEERING, ELECTRICAL ENGINEERING, LANDSCAPE
ARCHITECTURE
•Attendance by the engineering of record (EOR) to the pre-bid meeting. It is
anticipated that CITY staff will conduct the pre-bid meeting and prepare meeting
minutes.
•Address bidder RFI's and revise plans during bidding, as required.
•The City will perform the review and evaluation of bids received; these services
are not included.
6.TASK 6 – PROJECT MANAGEMENT
•CGA shall provide project management and coordination services throughout the
design and permitting process. This includes the following:
-A Project Control System, which provides the planning, monitoring,
analyzing, and reporting of project progress through schedule updates, scope
changes, budget control, and risk management.
-Coordination of the design team, subconsultant deliverables, adherence of
design to the CITY’s goals and objectives, and interactions with CITY Staff.
-Prompt resolutions of issues that may arise during the design or permitting
process. Status updates shall be submitted to the CITY at key milestones,
indicating percent complete for each task.
-Attendance of meetings and presentations including a kick- off meeting to
confirm CITY’s goals and objectives for the project. Preparation of an agenda
and meeting minutes.
-Coordination with local utility companies regarding the project schedule and
obtaining utilities schedules for CITY’s coordination.
-Quality Assurance/Quality Control - Review of the contract documents prior
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to each phase submittal through internal disciplinary review, interdisciplinary
reviews and cross-checking, constructability review prior to the 60% design
and 100% permit review, as well an in-house review by a professional not
directly involved with the project.
7.ASSUMPTIONS AND EXCLUSIONS
The only services included in this contract are those specifically identified above. An
Additional Services Agreement (ASA) shall be required if additional services are requested
by the CITY. The following are assumptions and exclusions for this contract:
•Assumptions:
-All contract and bid documents will be submitted electronically for the whole
corridor. No hard copies will be submitted.
-This project is not going to be LAP funded. If this changes, an ASA shall be
required due to the additional requirements for LAP funded projects.
-The City shall provide an AutoCAD file of a recent survey of the corridor
with enough information to evaluate the corridor and design the plans. The
City shall also provide a S&S survey for submittal to the permitting agencies.
-Attendance of three (3) public or community meetings (30%, 60% & 90%) is
included. Attendance at additional meetings can be billed at the contracted
hourly rates.
-The limits of work are on SW 36th Ave and will not extend into Seacrest Blvd
or FEC R/W.
-If the project is put on hold or “shelved”, a new agreement may be required
to re-start the plans.
-Electrical street lighting design and construction documents shall be provided
by FPL.
•Exclusions:
-No work in FEC R/W and therefore no FEC permitting.
-No mast arm upgrades or traffic studies, including pedestrian study for mid-
block crossing justification. If needed, these items would be an ASA.
-No utility plans for water or sewer upgrades or replacements.
-No Maintenance of Traffic Plans
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-Structural engineering documents and calculations are excluded.
-Construction phase services are not included.
-Electrical street lighting design and construction documents.
BASIS OF PROPOSAL
•Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc.
represents its judgment as a design professional and is supplied for the general guidance
of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of
labor and material, or over competitive bidding or market conditions. Calvin, Giordano
& Associates, Inc. does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to the CLIENT.
•Any outside engineering services, studies, or laboratory testing not specifically
mentioned in the Scope of Services will be the responsibility of the CLIENT. All
municipal, permit, and agency fees as well as Title Certificates will be paid by the
CLIENT.
•Basic services outlined within this proposal shall be considered complete when the
project plans are submitted to the regulatory agencies for Certification.
•Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this
Agreement strictly as a professional consultant to CLIENT. Nothing contained in this
Agreement shall create any contractual relationship between Calvin, Giordano &
Associates, Inc. and any contractor or subcontractor performing construction activities
on the project, or any of CLIENT’s other professional consultants.
•Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor’s
schedules or failure to carry out the construction in accordance with the construction
documents. Calvin, Giordano & Associates, Inc. shall not have control over or charge of
acts or omissions of the contractor, subcontractors, or their agents or employees, or of
any other persons performing portions of the construction.
•Calvin, Giordano & Associates, Inc. will require that all consultants carry proper
insurance, including professional liability insurance, if appropriate.
•Permit construction certification will include one partial and one final inspection.
•Only meetings specifically noted in the fee proposal are included in this proposal. If
additional meetings beyond those mentioned are required, they shall be bill at the
attached hourly rates.
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ADDITIONAL FEES
The following services are NOT included in this proposal and will be considered Additional
Services, which will be addressed in a separate contractual agreement. The services include but
are not limited to:
•Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire
pumps), fire protection, geotechnical and testing, environmental assessment, power, gas,
telephone, cable television, site lighting services.
•Calculations of off-site flood stages.
•Construction quality control inspections.
•Off-site engineering and negotiations for off-site easements, if required (other than as
specified in the Scope of Services).
•Permit application or negotiation with permitting authorities other than those specifically
listed herein.
•Preparation of construction contract documents, other than drawings and technical
specifications (e.g., bid schedule, project manual).
•Professional land surveying not included in the scope of services (i.e., buried utility
investigation, easement research, condominium documents, project stake- out and as-
built drawings).
•Professional services required due to conditions different from those itemized under the
Scope of Services or due to events beyond the control of Calvin, Giordano & Associates,
Inc.
•Professional services required, due to changes in the site plan initiated by the CLIENT,
their representatives or other consultants (e.g., architects, landscape architects, etc.) after
either design or preparation of the construction drawings has commenced.
•Updated boundary survey, site evaluation or closing assistance work, unless specified
above.
REIMBURSABLE EXPENSES
Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of
drawings and specifications, deliveries, Federal Express services, required travel time and travel
expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval
of authorities having jurisdiction over the project, renderings, models and mock-ups required by
CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly
to the CLIENT at a multiplier of 1.25.
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MEETING ATTENDANCE
Due to the difficulties of predicting the number or duration of meetings, no meetings other than
those listed above, are included in the Schedule of Fees shown below.
Preparation for and meeting attendance, as necessary, will be provided on a time and materials
basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate
Schedule.
FEES
Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as
shown in the table below:
COST BREAKDOWN BY TASK
Discipline Cost
Task 1 - Data Collection, Typical Section Development, and Initial Public Outreach
Civil $15,910
Electrical $6,080
Landscape Architecture $9,600
Total Task 1 = $31,590
Task 2 - Preliminary Design
Civil $43,015
Electrical $20,255
Landscape Architecture $4,410
Geotechnical Investigation $12,612
Subsurface Utility Exploration $9,700
Total Task 2 = $89,992
Task 3 - Permitting/90% Plans Production
Civil $23,925
Electrical $6,410
Landscape Architecture $8,000
Total Task 3 = $38,335
Task 4 - Final Plans and Bid Documents
Civil $10,090
Electrical $4,320
Landscape Architecture $3,760
Total Task 4 = $18,170
Task 5 - Bidding Assistance
Civil $2,645
Electrical $570
Landscape Architecture $460
Total Task 5 = $3,675
Task 6 - Project Management
Civil $15,200
Total Task 6 = $15,200
Total Proposal Fee = $196,962.00
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TERMS OF THE AGREEMENT
•All aspects of GIS data development created by Calvin, Giordano & Associates, Inc.,
will be property of the CLIENT and will be given to the CLIENT at time of project
completion.
•Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this
document that each party will not hire or attempt to hire any staff from the other party
while under contract together.
•Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans,
specifications and other documents as outlined in the scope of services for this
Agreement for use in the construction of this project, based upon design and construction
criteria prepared and provided by others, including but not limited to the CLIENT and
CLIENT’s consultants. Calvin, Giordano & Associates, Inc. is not responsible for any
errors and omissions in the aforesaid design and construction criteria provided by others.
•CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates,
Inc.’s option, defend or pay for an attorney selected by Calvin, Giordano & Associates,
Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and
employees against any and all claims, losses, liabilities, and expenditures of any kind,
including attorney fees, any appellate attorney costs, court costs, and expenses, caused
by, arising from, or related to any acts, omissions or negligence of CLIENT or its
consultants.
•CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.’s liability for any and all
claims that CLIENT may assert on its own behalf or on behalf of another, including but
not limited to claims for breach of contract or breach of warranty, to the amount of fees
paid to Calvin, Giordano & Associates, Inc., pursuant to this Agreement.
•Drawings, specifications, and other documents and electronic data furnished by Calvin,
Giordano & Associates, Inc. in connection with this project are instruments of service.
All original instruments of service shall be retained by Calvin, Giordano & Associates,
Inc. and will remain their property, with all common law, statutory and other reserved
rights, including copyright, in those instruments. This information provided in the
instruments of service is proprietary and will not be shared with others without prior
written consent. The CLIENT may request reproducible copies, and all original
documents upon payment of all outstanding invoices, and expenses.
•In the event of termination in accordance with this Agreement or termination not the
fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall
be compensated for services properly performed prior to receipt of notice of termination,
together with Reimbursable Expenses then due.
•Invoices for work accomplished to date will be submitted monthly and are payable
within thirty (30) days. The CLIENT will pay invoices upon receipt and understands
interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30)
days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is
received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates,93
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Inc. may request compensation for start-up costs when work resumes.
•PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL
EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY
NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS,
DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE
CONTRACT.
•The CLIENT or their representative shall be available to meet with Calvin, Giordano &
Associates, Inc. and provide decisions in a timely manner throughout the course of the
project. The CLIENT will provide all plans and other pertinent information, which are
necessary for Calvin, Giordano & Associates, Inc. to provide complete professional
services as outlined in this contract.
•The terms of Agreement shall be valid for the Client’s acceptance for a period of thirty
(30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which
time this contract offer becomes null and void if not accepted formally (evidenced by
receipt of an executed copy of this document). All rates and fees quoted in this document
shall be effective for a period of six (6) months, after which time they may be
renegotiated with the CLIENT.
•This Agreement may be terminated by either party upon not less than seven (7) days
written notice should the other party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the party initiating the termination. Failure
of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance
with this Agreement, shall be considered substantial nonperformance and cause for
termination.
MISCELLANEOUS PROVISIONS
•CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement and to the partners, successors, assigns, and legal representatives of such
other party with respect to all covenants of this Agreement. Neither CLIENT nor Calvin,
Giordano & Associates, Inc. shall assign this Agreement without written consent of the
other.
•This Agreement represents the entire and integrated agreement between the CLIENT
and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both Calvin, Giordano & Associates, Inc. and the
CLIENT.
•Unless otherwise provided, this Agreement shall be governed by the law of the place
where the project is located.
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TERMINATION OF THE AGREEMENT
•This Agreement may be terminated by either party upon not less than seven (7) days
written notice should the other party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the party initiating the termination. Failure
of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance
with this Agreement, shall be considered substantial nonperformance and cause for
termination.
•In the event of termination in accordance with this Agreement or termination not the fault
of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be
compensated for services properly performed prior to receipt of notice of termination,
together with Reimbursable Expenses then due.
We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is
prepared with the necessary manpower to proceed with the proposed scope of services upon
receipt of the executed authorization. Our personnel are committed to completing the project in
a timely manner. Please indicate your acceptance of this proposal by signing below and returning
one executed copy of the contract to this office. We look forward to working with you in making
this project a success.
Sincerely,
CALVIN, GIORDANO & ASSOCIATES, INC.
Chris Giordano
Vice President
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ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
By: Date:
Name: Chris Giordano
Title: Vice President
By: Date:
Name: Mr. Gary Dunmyer, MBA, PE, GC
Title: City Engineer
Cost of these services are $196,962.00 plus hourly as noted in fee breakdown.
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COST BREAKDOWN BY PERSONNEL
Civil Engineering
Personnel Classification Hourly
Rate
Total Hours Total Cost
Principal $215 21 $4,515
Project Manager $190 380 $72,200
Engineer $130 12 $1,560
Engineering Technician $115 34 $3,910
CADD Technician $95 290 $27,550
Clerical $75 14 $1,050
Total Civil = $110,785
Electrical Engineering
Personnel Classification Hourly
Rate
Total Hours Total Cost
Project Manager $190 150 $28,500
Engineer $130 14 $1,820
CADD Technician $95 77 $7,315
Total Electrical = $37,635
Landscape Architecture
Personnel Classification Hourly
Rate
Total Hours Total Cost
Associate Landscape Architect $165 18 $2,970
Environmental Specialist $125 8 $1,000
Landscape Architect $115 182 $20,930
CADD Technician $95 14 $1,330
Total Landscape Architecture = $26,230
Geotechnical Investigation Total = $12,612
Subsurface Utility Exploration Total = $9,700
Total Proposal Fee = $196,962.00
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City of Boynton Beach
Agenda Item Request Form
6.B
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-109- Approve and a uthorize the assessment and
recording of Nuisance Abatement Liens against properties in the public records of Palm
Beach County within 60 days after adoption of the Resolution.
Requested Action:
Staff recommends approval of Proposed Resolution No. R24-109.
Explanation of Request:
In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the
attached list contains the addresses of properties cited by Community Standards for
nuisances abated by a City-contracted vendor. The Financial Services Department sent an
invoice to each property owner, to which no response was received within the required 30-day
period. At the end of the 30-day notice from Financial Services, the resolution is sent for
recording with an administrative fee of $30.
After the Resolution is recorded, the property owners will receive a copy of the resolution and
another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
How will this affect city programs or services?
Allows the City to collect on services performed on properties within the City limits.
Fiscal Impact:
This process allows the City to place liens on the properties in order to reimburse the City for
the services that were provided when the nuisances were abated.
Attachments:
R24-109 Agenda_Item_1452-2023_Resolution_for_Nuisance_Abatement_Liens__1_.docx
Exhibit A to Resolution
107
RESOLUTION NO. R24-1091
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZINGTHE ASSESSMENT AND RECORDING 4
OF NUISANCE ABATEMENT LIENS AGAINST PROPERTIES IN THE PUBLIC 5
RECORDS OF PALM BEACH COUNTY, FLORIDA, WITHIN 60 DAYS OF ADOPTION 6
OF THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.7
8
WHEREAS, a contract vendor was requested by Community Standards to mow the lots, 9
remove vegetation and board up structures on the properties, described in Exhibit “A”; and10
WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by 11
the Finance Department in an effort to recoup these costs with no response; and 12
WHEREAS, said nuisance was not abated as required; and13
WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters 14
offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their 15
property; and16
WHEREAS, Community Standards has made a report of costs actually incurred by the City 17
and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” 18
attached to this Resolution; and19
WHEREAS, upon passage of this Resolution, the property owners will be furnished with a 20
copy of this Resolution, and given one more opportunity to remit all costs associated with the 21
abatement in full within 30 days of the passage of the Resolution, before transmittal to the County 22
for recordation of Liens.23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24
BEACH, FLORIDA AS FOLLOWS:25
SECTION 1: Each Whereas clause set forth above is true and correct and incorporated 26
herein by this reference.27
SECTION 2: The amount of costs incurred by the City and the abatement of the above-28
described nuisance as to the parcels of land, owned and indicated to wit:29
SEE ATTACHED EXHIBIT “A”30
31
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Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an 32
additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the 33
taxes there from for the year 2024, and shall be enforced and collected in like manner pursuant 34
to applicable provisions of law. In the event collection proceedings are necessary, the property 35
owner shall pay all costs of the proceedings, including reasonable attorney’s fees.36
SECTION 3.The City Clerk is authorized to record this Resolution in the public records 37
of Palm Beach County, Florida.38
SECTION 4.This Resolution shall become effective as provided by law.39
40
PASSED AND ADOPTED this 21st day of May 2024.41
CITY OF BOYNTON BEACH, FLORIDA42
43
YES NO44
Mayor – Ty Penserga __________45
46
Vice Mayor – Aimee Kelley __________47
48
Commissioner – Angela Cruz __________49
50
Commissioner – Woodrow L. Hay __________51
52
Commissioner – Thomas Turkin __________53
54
VOTE ______55
ATTEST:56
57
58
___________________________________________________________59
Maylee De Jesús, MPA, MMC Ty Penserga60
City Clerk Mayor61
62
APPROVED AS TO FORM:63
(Corporate Seal)64
_______________________________65
Shawna G. Lamb66
City Attorney67
109
First Name Last Name Company Name Mailing Address PCN Nuisance Abatement Property AddressCase# Invoice Invoiced AmountAmount Owed + $30 DOUGLAS M FEELEY 331 NE 24TH AVE, BOYNTON BEACH, FL 3343508-43-45-15-07-007-0040 331 NE 24TH AVE 23-3410 88148 $438.09 $468.093230 WATERFRONT LLC 258 SE 6TH AVE # 9, DELRAY BEACH, FL 33483-525908-43-46-04-00-001-0260 3230 US HIGHWAY 1 23-3520 88395 538.09 $568.09GETA REAL ESTATE LLC 608 WEST ST , TACOMA, WA 98404-189308-43-45-28-22-008-0450 301 SW 9TH AVE 23-3655 88688 $413.09 $443.09DIANE COPELAND 13233 S MILITARY TRL, DELRAY BEACH, FL 33484-110908-43-45-28-12-020-0110 902 S SEACREST BLVD 23-2966 88067 $463.09 $493.09JEANNE & HOCK GO 801 NE 76TH ST, BOCA RATON, FL 3348708-43-45-21-07-001-1790 301 W BOYNTON BEACH BLVD 24-363 90206 $350.00 $318.09JEANNE & HOCK GO 801 NE 76TH ST, BOCA RATON, FL 3348708-43-45-21-07-001-1790 301 W BOYNTON BEACH BLVD 24-363 90207 $288.09 $288.09EXHIBIT A 110
City of Boynton Beach
Agenda Item Request Form
6.C
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-110- Termination of an Interlocal Agreement between the
City of Boynton Beach and the cities of Boca Raton and Delray Beach for the operation
of a biology processing laboratory to preprocess DNA samples pursuant to Criminal
Investigations.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-110.
Explanation of Request: In 2020, the City Commission approved a tri-party Interlocal
Agreement between the City of Boca Raton, the City of Delray Beach, and the City for the
operation of a biology processing laboratory to pre-process DNA samples for criminal
investigations. When the Agreement was approved, the City's annual fee was $66,200. The
Interlocal Agreement provided the fee would be adjusted annually; however, it is not expected
that the fee will increase more than 10% per year.
The City paid $76,120 last fiscal year. This year, the City received an invoice in the amount of
$133,947, which represents a 75.96% increase year over year. City staff is requesting t he
cancellation of the Interlocal Agreement due to an unbudgeted increase in cost of
approximately $70,000. City staff has negotiated with the City of Boca to pay a prorated share
of the invoice, in the amount of $76,942.25; which represents payment for services provided
through April 30th of this fiscal year. The cancellation of the Interlocal Agreement will not result
in a loss of services to the City. Services will be provided by the PBSO DNA Lab.
How will this affect city programs or services? This contractual service will be shifted to
PBSO's DNA Lab.
Fiscal Impact: This item is budgeted for FY23-24
Attachments:
R24-110 Agenda_Item_1534-2023_Termination_of_Interlocal_Agreement.docx
Resolution R20-069.pdf
Invoice
BPL letter.pdf
111
RESOLUTION NO. R24-1101
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING TERMINATION OF AN INTERLOCAL 4
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITIES OF 5
BOCA RATON AND DELRAY BEACH FOR THE OPERATION OF A BIOLOGY 6
PROCESSING LABORATORY TO PREPROCESS DNA SAMPLES PURSUANT TO 7
CRIMINAL INVESTIGATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR 8
ALL OTHER PURPOSES. 9
10
WHEREAS,the City of Boynton Beach entered into an Interlocal Agreement with the City 11
of Boca Raton and the City of Delray Beach, dated September 4, 2020, for a Biology Processing 12
Laboratory used to process DNA Samples pursuant to criminal investigations, approved by 13
Resolution No. R20-069; and 14
WHEREAS, Section 8.3 of the Interlocal Agreement allows the City of Boynton Beach to 15
terminate participation in the Interlocal Agreement for any reason upon one hundred eighty (180) 16
days written notice to the other parties; and17
WHEREAS, the City’s Police Department desires to terminate the Interlocal Agreement 18
due to an unbudgeted increase in cost of $70,000; and 19
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 20
the best interests of the citizens and residents of the City to approve the termination of an 21
Interlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and Delray 22
Beach for the operation of a biology processing laboratory to preprocess DNA samples pursuant 23
to Criminal Investigations. 24
25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26
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
SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 30
approve the termination of an Interlocal Agreement between the City of Boynton Beach and the 31
Cities of Boca Raton and Delray Beach for the operation of a biology processing laboratory to 32
preprocess DNA samples pursuant to Criminal Investigations. 33
112
SECTION 3.The City’s Police Department shall provide one hundred eighty (180) days 34
written notice to the City of Delray Beach and the City of Boca Raton, and such notice must be 35
reviewed by the City Attorney’s office prior to sending to the parties. 36
SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 37
authorizes the City Manager to execute the written notice and such other related documents as 38
may be necessary to accomplish the purpose of this Resolution.39
SECTION 5.This Resolution shall take effect in accordance with law.40
41
PASSED AND ADOPTED this 21st day of May 2024.42
CITY OF BOYNTON BEACH, FLORIDA43
YES NO44
Mayor – Ty Penserga __________45
46
Vice Mayor – Aimee Kelley __________47
48
Commissioner – Angela Cruz __________49
50
Commissioner – Woodrow L. Hay __________51
52
Commissioner – Thomas Turkin __________53
54
VOTE ______55
ATTEST:56
57
___________________________________________________________58
Maylee De Jesús, MPA, MMC Ty Penserga59
City Clerk Mayor60
61
APPROVED AS TO FORM:62
(Corporate Seal)63
64
_______________________________65
Shawna G. Lamb66
City Attorney67
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
City of Boynton Beach
Agenda Item Request Form
6.D
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-111- Approve and authorize the City Manager to sign an
easement located within the site of lift station 309 (Seacrest Boulevard & Northwest
19th Avenue) at the request of a Florida Power & Light Company.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-111.
Explanation of Request: Florida Power & Light (FPL) will be removing the overhead electric
lines and equipment on the corner of N. Seacrest Blvd. and NW 19th Avenue to build a new
underground electric grid. To accomplish this, FPL will need to remove the overhead
transformer providing power to lift station 309 and replace it with a pad-mounted transformer
connected to the new underground grid. FPL is requesting a signed 10’x10’ utility easement
granting them permission.
The requested easement will be outside the lift station’s perimeter fence and Boynton Beach
Utilities has no water, sanitary sewer, or force mains in the area.
How will this affect city programs or services? There is no impact to City programs or
services, but will allow LS 309 to continue getting FPL power.
Fiscal Impact: There is no fiscal impact to the City.
Attachments:
R24-111 Agenda_Item_1543-2023_Resolution_for_FPL_Easement.docx
Exhibit A to Resolution - City of Boynton_Northwest 19th Ave_esmt.pdf
Exhibit A to Easement - EXHIBIT 2.pdf
Completed FPL Questionaire.pdf
128
RESOLUTION NO. R24-1111
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING AN EASEMENT WITH FLORIDA POWER &4
LIGHT COMPANY LOCATED WITHIN THE SITE OF LIFT STATION 309 5
(SEACREST BOULEVARD & NORTHWEST 19TH AVENUE); PROVIDING AN 6
EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7
8
WHEREAS,Florida Power & Light (FPL) will be removing the overhead electric lines and 9
equipment on the corner of N. Seacrest Blvd. and NW 19th Avenue in order to build a new 10
underground electric grid. To accomplish this, FPL will need to remove the overhead transformer 11
providing power to lift station 309 and replace it with a pad-mounted transformer connected to 12
the new underground grid. FPL is requesting a signed 10’x10’ utility easement granting 13
permission; and14
WHEREAS, the requested easement will be outside the lift station’s perimeter fence, and 15
Boynton Beach Utilities has no water, sanitary sewer, or force mains in the area; and16
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 17
the best interests of the citizens and residents of the City to approve an Easement with Florida 18
Power and Light company located within the site of lift station 309 (Seacrest Boulevard & 19
Northwest 19th Avenue).20
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22
BEACH, FLORIDA, THAT:23
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 24
being true and correct and are hereby made a specific part of this Resolution upon adoption.25
SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 26
approve an Easement, between Florida Power and Light company and the City, in form and 27
substance similar to that attached as “Exhibit A.”28
SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29
authorizes the City Manager to execute the Easement and such other related documents as may 30
be necessary to accomplish the purpose of this Resolution.31
32
129
SECTION 4.Upon execution of the Easement by the City, the City Clerk shall record the 33
Easement in the Public Records of Palm Beach County. The City Clerk shall provide the recorded 34
Easement to Keith Webber. 35
SECTION 5.This Resolution shall take effect in accordance with law.36
37
PASSED AND ADOPTED this 21st day of May 2024.38
CITY OF BOYNTON BEACH, FLORIDA39
YES NO40
Mayor – Ty Penserga __________41
42
Vice Mayor – Aimee Kelley __________43
44
Commissioner – Angela Cruz __________45
46
Commissioner – Woodrow L. Hay __________47
48
Commissioner – Thomas Turkin __________49
50
VOTE ______51
ATTEST:52
53
___________________________________________________________54
Maylee De Jesús, MPA, MMC Ty Penserga55
City Clerk Mayor56
57
APPROVED AS TO FORM:58
(Corporate Seal)59
60
_______________________________61
Shawna G. Lamb62
City Attorney63
130
Page ____ of ____
Work Request No.
12791745
SEC 16 TWP 45S RGE 43E
Parcel I.D.
08-43-45-16-01-027-0180
(Maintained by County Appraiser)
UNDERGROUND EASEMENT (BUSINESS)
This Instrument Prepared By
Name: Katie Hudson, Project Manager
Co. Name: Bowman Consulting Group
Address: 4450 W. Eau Gallie Blvd Ste 232
Melbourne, FL 32934
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns (“FPL”), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above-ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows:
Reserved for Circuit Court See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 .
Signed, sealed and delivered in the presence of:
(Witness' Signature)
Print Name:
(Witness)
Print Address: ________________________ _________
(Witness' Signature)
Print Name: (Witness)
Print Address: _______________________ ___________
CITY OF BOYNTON BEACH
By:
Print Name: TY PENSERGA, MAYOR
Print Address: PO BOX 310
BOYNTON BEACH FL 33425
By:
Print Name:
Print Address:
______________________________________________________________________________________
STATE OF ____________________
COUNTY OF __________________
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization,
this by ,
(Date)
and , [ ] who is (are) personally known to me or [ ] has (have)
produced as identification or who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
ID 2
LANTANA 37 - 5 Print Name
131
NORTHWEST 19TH AVENUE
(50' R/W)NORTHWEST 1ST STREET(50' R/W)SEACREST BOULEVARD(80' R/W)EASEMENT
LAT: N026°32'50.0"
LONG: W080°04'03.1"
10.00'
LOT 21,
BLOCK 27
P.B. 24
PG. 223
LOT 17,
BLOCK 27
P.B. 24
PG. 223
LOT 20,
BLOCK 27
P.B. 24
PG. 223
LOT 19,
BLOCK 27
P.B. 24
PG. 223
LOT 18,
BLOCK 27
P.B. 24
PG. 223NORTH 103.77'BEARING BASISSOUTH 101.42'EAST 69.17'
EAST 71.17'
S 80°28'53"
E
6
0
.
4
9
'
N 87°48'30" W 200.15 (C)'6' U.E.40.00'10.00'N
S
W E
SESW
NW NE
SKETCH AND DESCRIPTION
Bowman Consulting Group, Ltd., Inc.
10815 S.W. Tradition Square
Port St. Lucie, FL 34987
Phone: (772) 249-0733
www.bowman.com
c Bowman Consulting Group, Ltd.
Professional Surveyors and Mappers, Certificate NO. LB-8030
PALM BEACH COUNTY FLORIDA
EXHIBIT "A"
FLORIDA POWER AND LIGHT
EASEMENT
THIS IS NOT A SURVEY
THIS MAP IS INTENDED TO
BE DISPLAYED AT A SCALE
OF 1" = 50'
ADDRESS:
NORTHWEST 19TH AVENUE
LEGAL DESCRIPTION:
THE SOUTHERLY 10.00' OF THE NORTHERLY 40.00' OF THE
EASTERLY 10.00' OF THE FOLLOWING DESCRIBED PARCEL; LOTS
18, 19, AND 20, BLOCK 27, ROLLING GREEN RIDGE FIRST
ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 24, PAGE 223 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING IN SECTION 16 AND, TOWNSHIP
45 SOUTH, RANGE 43 EAST.
LEGEND
SURVEYOR'S NOTES:
1.PRINTED VERSIONS OF THIS DOCUMENT ARE NOT VALID AND
THE SIGNATURE MUST BE VERIFIED ON ALL ELECTRONIC COPIES.
2.OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN
HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
3.THE BASIS OF BEARING IS THE WESTERLY PROPERTY LINE OF
THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED
BEARING OF NORTH.
4.NO FIELD WORK WAS PERFORMED.
5.LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND
ARE NOT FOR CONSTRUCTION PURPOSES.
6.ALL RADII ARE 25 FEET AND DISTANCES MEASURED TO THE
POINT OF INTERSECTION, UNLESS OTHERWISE NOTED.
YES #1
= CALCULATED
= LATITUDE
= SURVEYOR BUSINESS
= LONGITUDE
= SURVEYOR AND MAPPER
= LIMITED
= NUMBER
= PLAT BOOK
= PAGE
= RIGHT-OF-WAY
= UTILITY EASEMENT
= EASEMENT
(C)
LAT:
LB
LONG:
LS
LTD.
NO.
P.B.
PG.
R/W
U.E.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT
THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN
ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING
AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES.
BRION D. YANCY DATE OF SIGNATURE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS 7162
NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC
SIGNATURE BY THE SIGNING PROFESSIONAL SURVEYOR AND MAPPER.
132
Transformer Location Sketch Exhibit A
Does the Esmt Area Flood? Y or N Avg Flood depth: ________
Owner accepts 16”h Transformer Pad Y or N
Owner Approved Vegetation Removal? Y or N Type of Plants: ___________________________________
Notch Fence for Transformer Placement? Y or N Fencing Material: _________________________________
Transformer Location/Easement Size: _________________________________________________________
Additional Notes/Comments: ________________________________________________________________
Owner Signature: ____________________________________________________ Date: _______________
Project Name LANTANA 37 - 5
WR# 12791745
BCG ID 2
Property Address 08-43-45-16-01-027-0180
133
City of Boynton Beach
Agenda Item Request Form
6.E
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-112- Approve and authorize the Mayor to sign an
Amendment to the Grant Agreement No. I0123 from the Federally funded Community
Development Block Grant Mitigation Program (CDBG-MIT) offered by the Florida
Department of Commerce for the East Water Treatment Plant Generator Project, and
execute all future documents associated with the grant that do not increase the City's
financial obligations, subject to the approval of the City Attorney.
Requested Action:
Staff recommends approval of Proposed Resolution No. R24-112.
Explanation of Request:
The City of Boynton Beach was awarded $2,100,000 in grant funding from the Florida
Department of Commerce to provide standby power to the East Water Treatment Plant,
complete the design of the new generator system, purchase of equipment, complete
construction, test the installed equipment and train staff on operations and maintenance of the
installed generators and other associated equipment.
On April 27, 2022, the State of Florida, Department of Commerce, formerly known as the
Florida Department of Economic Opportunity, and the City entered into Grant Agreement No.
I0123 after the adoption of Resolution No. R22-058, which approved its execution. The Grant
Agreement was amended on August 19, 2022. The Department of Commerce has requested
the City execute a Second Amendment to the Grant Agreement to modify the terms as follows:
(i) that all references throughout the Agreement to “Department of Economic Opportunity” or
“DEO” are replaced with “Department of Commerce” or “Commerce” as appropriate; (ii)
Section 28 of the Agreement related to employment eligibility verification has been revised; (iii)
Attachment A, the Project Description and Deliverables has been updated; and (iv)
Attachment G related to grant closeout requirements in 2 CFR part 200.344 have been
updated.
The Utilities Department is requesting the City Commission approve the Second Amendment
to the Grant Agreement and authorize the Mayor to execute all future documents associated
with the grant that do not increase the City's financial obligations, subject to the approval of the
City Attorney.
How will this affect city programs or services? This project will allow the water treatment
134
plant to continue operations in case of power outages and provide uninterrupted service and
safe drinking water to all our customers.
Fiscal Impact: No additional fiscal impact due to the amendment to the grant agreement.
Attachments:
R24-112 Agenda_Item_1552-
2023_Resolution_for_Grant_Agreement_I0123_Amendment__rev_.docx
Exhibit A to Resolution - Attachment 1- I0123-Amendment 2.pdf
Attachment 2- City Commission Resolution R22-058.pdf
Attachment 3 - I0123- Fully Executed Grant Agreement.pdf
Resolution No. R22-102_1st Amendment Grant I0123.pdf
Attachment 4 - I0123 - Executed Amendment 1.pdf
135
RESOLUTION NO. R24-1121
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE FEDERALLY 4
FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION 5
PROGRAM SUBRECIPIENT AGREEMENT NO. I0123 WITH THE FLORIDA 6
DEPARTMENT OF COMMERCE; PROVIDING AN EFFECTIVE DATE; AND FOR 7
ALL OTHER PURPOSES. 8
9
WHEREAS, on April 27, 2022, the City and the Florida Department of Economic 10
Opportunity entered into the Federally funded Community Development Block Grant Mitigation 11
Program Subrecipient Agreement I0123 in the amount of $2,100,000 for the East Water Treatment 12
Plant Generator Replacement Project, approved by Resolution No. R22-058 on April 5, 2022; and 13
WHEREAS, on August 19, 2022, the City and the Florida Department of Economic 14
Opportunity entered into Amendment One to the Federally Funded Community Development 15
Block Grant Mitigation Program Subrecipient Agreement I0123, amending Section 15 of the 16
Agreement, approved by Resolution No. R22-102 on July 19, 2022; and 17
WHEREAS, on July 1, 2023, the Florida Department of Economic Opportunity was renamed 18
to the Florida Department of Commerce; and19
WHEREAS, the parties desire to amend Agreement I0123 by amending all references 20
throughout the Agreement from “Department of Economic Opportunity” or “DEO” to 21
“Department of Commerce” or “Commerce” as appropriate; amending Section 28 Employment 22
Eligibility Verification of the Agreement; amending Attachment A, Project Description and 23
Deliverables; and amending Attachment G, Reports, Section 3; and24
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 25
the best interests of the citizens and residents of the City to approve Amendment Two to the 26
Federally Funded Community Development Block Grant Mitigation Program Subrecipient 27
Agreement I0123 with the Florida Department of Commerce.28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29
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
136
SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 33
approve Amendment Two to the Federally Funded Community Development Block Grant 34
Mitigation Program Subrecipient Agreement I0123, between Florida Department of Commerce35
and the City, in form and substance similar to that attached as “Exhibit A.” 36
SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 37
authorizes the Mayor to execute the Second Amendment and all future amendments and such 38
other related documents associated with the Grant that do not increase the City’s financial 39
obligations, subject to the approval of the City Attorney.40
SECTION 4.The original Amendment shall be forwarded to Mirna Crompton to obtain 41
execution of the Amendment by the Florida Department of Commerce. Mirna Crompton shall be 42
responsible to ensure that one fully-executed Amendment is returned to the City, to be provided 43
to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record.44
SECTION 5.This Resolution shall take effect in accordance with law.45
46
47
48
49
50
[signatures on the following page]51
52
53
54
55
56
57
58
137
PASSED AND ADOPTED this 21st day of May 2024.59
CITY OF BOYNTON BEACH, FLORIDA60
YES NO61
Mayor – Ty Penserga __________62
63
Vice Mayor – Aimee Kelley __________64
65
Commissioner – Angela Cruz __________66
67
Commissioner – Woodrow L. Hay __________68
69
Commissioner – Thomas Turkin __________70
71
VOTE ______72
ATTEST:73
74
___________________________________________________________75
Maylee De Jesús, MPA, MMC Ty Penserga76
City Clerk Mayor77
78
APPROVED AS TO FORM:79
(Corporate Seal)80
_______________________________81
Shawna G. Lamb82
City Attorney83
138
Commerce Agreement Number: I0123
Page 1 of 10
Date revised 9/26/2023
AMENDMENT TWO
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On April 27, 2022, the State of Florida, Department of Commerce (“Commerce”), formerly known as the
Florida Department of Economic Opportunity, and the City of Boynton Beach, Florida (“Subrecipient”)
entered into agreement I0123 (“Agreement”). Commerce and the Subrecipient may individually be
referred to herein as a “Party” or collectively as the “Parties”.
WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto; and
WHEREAS the Agreement was previously amended on August 19, 2022; and
WHEREAS the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the following:
1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida
Department of Commerce. Effective July 1, 2023, all references throughout the Agreement to
“Department of Economic Opportunity” or “DEO” are replaced with “Department of Commerce” or
“Commerce” as appropriate.
2. Section 28, Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
(28) Employment Eligibility Verification,
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify.
The Department of Homeland Security’s E-Verify system can be found at: https://www.e-
verify.gov/.
B. In accordance with section 448.095, F.S., the State of Florida expressly requires the following:
(1) Every public agency and its contractors and subcontractors shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees. A
public agency or a contractor or subcontractor thereof may not enter into a contract
unless each party to the contract registers with and uses the E-Verify system.
(2) An employer shall verify each new employee’s employment eligibility within three (3)
business days after the first day that the new employee begins working for pay as required
under 8 CFR 274a. Beginning July 1, 2023, a private employer with 25 or more employees
shall use the E-Verify system to verify a new employee’s employment eligibility.
DocuSign Envelope ID: C8A8C36F-C03E-46E2-BBE8-6635F947AB72
139
Commerce Agreement Number: I0123
Page 2 of 10
Date revised 9/26/2023
C. If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any
new employee or retaining any contract employee after the effective date of this Agreement.
3. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced
with the attached Attachment A.
4. Attachment G, Reports, Section 3, is hereby deleted in its entirety and replaced with the following:
3. The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this
Agreement by complying with the closeout procedures in 2 CFR 200.344. Activities during this
close-out period may include, but are not limited to making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash advances, program
income balances and accounts receivable to the Subrecipient) and determining the custodianship
of records.
Notwithstanding the terms of 2 CFR 200.344, upon the expiration of this Agreement, the
Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property
under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-
MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be
treated in accordance with 24 CFR 570.503(b)(7).
5. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
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Date revised 9/26/2023
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number I0123, as amended. This Amendment is effective on the date
the last Party signs this Amendment.
CITY OF BOYNTON BEACH, FLORIDA FLORIDA DEPARTMENT OF COMMERCE
SIGNED:
SIGNED:
TY PENSERGA J. ALEX KELLY
MAYOR SECRETARY
DATE: DATE:
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
FLORIDA DEPARTMENT OF COMMERCE
By:
Approved Date:
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Attachment A – Project Description and Deliverables
1. PROGRAM DESCRIPTION:
In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of
Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-
term mitigation efforts following declared disasters in 2016 and 2017 through HUD’s Community
Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive
basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the
Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in
the Federal Register, Vol. 84, No. 169.
In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida
communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to
$680,385,000. (86 FR 561).
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include:
1. Potable water facilities
2. Wastewater facilities
3. Police departments
4. Fire departments
5. Hospitals
6. Emergency operation centers
7. Emergency shelters
2. PROJECT DESCRIPTION:
The City of Boynton Beach, Florida has been awarded Two Million One Hundred Thousand Dollars and
Zero Cents ($2,100,000.00) in CDBG-MIT (Community Development Block Grant-Mitigation) to provide
standby power to the East Water Treatment Plant. Major tasks to be completed include awarding Phase
1 of the Design Build contract, completing design of the new generator system, purchasing of the
equipment, completing construction, testing and finally training & maintenance. During construction the
Engineer and Utilities will have representatives onsite to perform inspections. The final testing will include
certifications by all manufacturers, approving the installation, and testing.
This project satisfies the Urgent Needs (UN) National Objectives requirements.
The project budget includes leverage funds.
3. SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit the below items to Commerce within thirty (30) calendar days of execution
of the agreement:
1. Organizational chart with contact information.
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2. Job descriptions for Subrecipient’s employees, contracted staff, vendors, and contractors. If
staffing changes, there must be a submittal stating the names and job descriptions on the
monthly report deadline.
3. Attachment B, Project Budget – Develop and submit to Commerce a detailed budget for
implementation of the project.
4. Attachment C, Activity Work Plan – Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Mitigation Program
Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed
necessary, an updated plan must be submitted to Commerce with your monthly report for review
and approval by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant
Manager for review and approval within thirty (30) calendar days of Agreement execution. The
Commerce Grant Manager will provide approval in writing prior to the policies and procedures
being implemented.
a. Procurement policies and procedures that incorporate 2 CFR 200.317-327.
b. Administrative financial management policies, which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDGB-MIT and Commerce policies.
d. Policies and procedures to detect and prevent fraud, waste and abuse that describe how
the subrecipient will verify the accuracy of monitoring policy indicating how and why
monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG
Fraud Hotline (phone: 1-800-347-3735 or email hotline@hudoig.gov).
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by Commerce.
E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its
representatives, upon request.
F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program
Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws.
G. Provide copies of all proposed procurement documents to Commerce ten (10) business days prior
to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement
documents will be reviewed and approved by the Commerce Grant Manager. Should the
procurement documents require revisions based on state or federal requirements, Subrecipient
will be required to postpone procurement and submit revised documents for review and
approval.
H. Provide the following information on a quarterly basis within ten (10) calendar days after the end
of each quarter: Monthly and Quarterly Reports as detailed in Attachment G.
I. Close out report will be due no later than sixty (60) calendar days after this Agreement ends or is
otherwise terminated.
J. Subrecipient shall provide pictures to document progress and completion of tasks and final
project.
4. ELIGIBLE TASKS AND DELIVERABLES:
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A. Deliverable 1 – Project Implementation
Tasks that are eligible for reimbursement are as follows:
1. Environmental review administrative activities (Environmental Exemption, Public Notice
Publication(s), etc.).
2. Develop policies for the Recipient to adopt related to special conditions listed in this subgrant
agreement,
3. Prepared procurement documents,
4. Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in
the Recipient’s area,
5. Prepared and submitted public notices for publications,
6. Maintained financial records related to project activities on-site,
7. Conducted a Fair Housing activity,
8. Maintain project files,
9. Attended meetings of the Recipient’s local governing body to provide progress reports on
subgrant activities,
10. Prepared documentation for and attend on-site monitoring visits by Commerce,
11. Prepared financial activity for submission to Commerce,
12. Prepared and submitted to Commerce detailed monthly and quarterly reports,
13. Prepared and submitted to Commerce Section 3 reports,
14. Responded to citizens’ complaints,
15. Prepared subgrant modification document for submission to Commerce for review and
approval,
16. Prepared responses to monitoring findings and concerns for Recipient to submit to Commerce
or HUD,
17. Project Closeout, Engineer’s Certification of Completion, Grant Closeout Package Completed
and Submitted to Commerce.
B. Deliverable 2 – Engineering Services
Subrecipient shall:
1. Create a full design package(s), signed, and sealed by a Professional Engineer (PE) licensed in
the State of Florida, including engineering drawings, specifications, construction cost
estimate, surveys, and any other reports, documents, or information relevant to this project
that meet all local current hurricane code ratings, local codes and building codes.
2. Obtain copies of all permit applications, correspondence with permitting agencies, final
permits, and any other permit-related documentation for the project.
3. Conduct an Environmental Review/Assessment in accordance with COMMERCE Policies and
the National Environmental Policy Act referenced in Attachment D.4.b of this Agreement.
C. Deliverable 3 -- Construction
Subrecipient shall:
1. Purchase and deliver to site one (1) KD1250-4 or compatible Factory – Diesel Generator set
for the East Water Treatment Plant in Boynton Beach. Remove and properly dispose of
existing aging temporary generator and install and wire new generator.
2. Purchase and deliver to site one (1) Kohl Switchgear in Fidelity Enclosure, or compatible
equipment, with manufacturer startup services, the electrical equipment necessary to
synchronize the new generator to supply standby power in a reliable and safe manner and
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procure and deliver to site one complete (1) Enclosed Paralleling Gear and site preparation to
receive gear for installation.
3. Install fabricated Walkways & Covers for standby power system. Demolish existing Florida
Power & Light (FPL) Vault and existing steps and dispose of debris in an environmentally
responsible manner.
4. Demo Fuel Tank Canopy remove existing and previously decommissioned fuel tank and
dispose in an environmentally responsible manner.
5. Demo the existing concrete slabs in the FPL Transformer vault, the fuel tank area and old
generator area. Remove unused electrical duct bank.
6. Clear site, take additional soil boring and soil samples, perform soil restoration and
compaction. Confirm site is ready for new construction.
7. Installation of standby power system, electrical conduits, and wiring. Complete the
installation of paralleling gear.
8. Installation of Communication & Control, Start-up, and Commissioning of Standby Power
System.
9. Start up and commissioning of standby power system and all remaining grant deliverable
items.
10. Repair and refinish existing exterior wall surface and facia following demolition of existing
external structures.
11. Perform building and piping restoration, painting, concrete repair & and site restoration.
12. Provide site restoration following removal of existing concrete slabs and pavement.
5. COMMERCE RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in
accordance with the Agreement to the extent required by law or deemed necessary be Commerce
in its discretion.
B. Assign a Grant Manager as a point of contact for Subrecipient.
C. Review Subrecipient’s invoices described herein and process them on a timely basis.
D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines
necessary at Commerce’s sole and absolute discretion, and process payments to Subrecipient.
6. DELIVERABLES:
Subrecipient agrees to provide the following services as specified:
Deliverable No. 1 – Program Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide Project
Implementation activities as
identified in Section 4.A. of this
Scope of Work.
Subrecipient may request
reimbursement upon completion of a
minimum of one (1) Project
Implementation task on a per
completed task basis as detailed in
Section 4.A, Attachment A – Project
Description and
Deliverables; evidenced by invoice(s)
noting completed tasks as well as
payroll, timesheets, meeting minutes
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
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and other supporting documentation,
as
applicable.
Deliverable No. 1 Cost: $100,000.00
Deliverable No. 2 – Engineering and Design
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete task as
detailed in Section 4.B. of this Scope
of Work
Subrecipient may request
reimbursement upon completion
of a minimum of one (1) task in
accordance with Section 4.B of
this Scope of Work, evidenced
by submittal of the following
documentation:
1. Engineering design, working
drawings, specifications, bid
drawings, cost estimates, survey,
and project milestones at
30%,60%,90%
2. Copies of all required permits
3. Completion of Environmental
Review; and
4. Invoice Package in accordance
with Section 7 of this Scope of
Work
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
Deliverable No. 2 Cost: $150,000.00
Deliverable No. 3 - Construction
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete tasks as
detailed in Section 4.C of the Scope of
Work.
Subrecipient may request
reimbursement upon
completion of activities in
accordance with Section 4.C of
this Scope of Work in the following
increments: 20%, 40%, 60%, 80%, and
100%, evidenced by submittal of the
following documentation:
1. AIA form G702 or its substantive
equivalent, completed by the
contractor;
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
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2. Perform Construction Engineering
Inspection services.
3. Photographs of the completed
project, or progress made.
4. Invoice package in accordance with
Section 7 of this Scope of Work
Total Deliverable 3 Cost: $1,850,000.00
TOTAL PROJECT COST NOT TO EXCEED $2,100,000.00
COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 6
tables above are established based on the Parties estimation of sufficient delivery of services fulfilling
grant purposes under the Agreement in order to designate payment points during the Agreement Period;
however, this is not intended to restrict Commerce’s ability to approve and reimburse allowable costs
Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce’s Grant
Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each
deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will
require a formal written amendment request from Subrecipient, as described in Modification section of
the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount
of this Agreement.
7. INVOICE SUBMITTAL:
Commerce shall reimburse the Subrecipient in accordance with Section 6, above. In accordance
with the Funding Requirements of s. 215.971(1), F.S. and Section (21) of this Agreement, the
Subrecipient and its subcontractors may only expend funding under this Agreement for allowable
costs resulting from obligations incurred during this Agreement. To be eligible for
reimbursement, costs must be in compliance with laws, rules and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures (https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one (1) invoice per month for services rendered during the
applicable period of time as defined in the deliverable table. In any month no deliverable has
been completed, the subrecipient will provide notice that no invoicing will be submitted.
B. The following documents shall be submitted with the itemized invoice:
1. A cover letter signed by Subrecipient’s Agreement Manager certifying that the costs
being claimed in the invoice package: (1) are specifically for the project represented
to the State in the budget appropriation; (2) are for one or more of the components
as stated in Section 5, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid; and
(4) were incurred during this Agreement.
2. Subrecipient’s invoices shall include the date, period in which work was performed,
amount of reimbursement, and work completed to date;
3. A certification by a licensed professional using AIA forms G702 and G703, or their
substantive equivalents, certifying that the project, or a quantifiable portion of the
project, is complete. Include if applicable to your program
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments; and
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6. A copy of the bank statement that includes the cancelled check or evidence of
electronic funds transfer. The State may require any other information from
Subrecipient that the State deems necessary to verify that the services have been
rendered under this Agreement.
C. The Subrecipient’s invoice and all documentation necessary to support payment requests
must be submitted into Commerce’s Subrecipient Enterprise Resource Application (SERA).
Further instruction on SERA invoicing and reporting, along with a copy of the invoice template,
will be provided upon execution of the agreement.
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1 RESOLUTION NO. R22 - 058
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 SUBRECIPIENT GRANT AGREEMENT FROM THE DEPARTMENT OF
6 ECONOMIC OPPORTUNITY (DEO) COMMUNITY DEVELOPMENT BLOCK
7 GRANT-MITIGATION (CDBG-MIT) PROGRAM IN THE AMOUNT OF
8 2,100,000 FOR THE EAST WATER TREATMENT PLANT GENERATOR
9 REPLACEMENT PROJECT;AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City of Boynton Beach has been awarded $2,100,000 in grant
13 funding from the Department of Economic Opportunity (DEO) Community Development
14 Block Grant-Mitigation (CDBG-MIT) program for critical facility hardening and to provide
15 standby power to the East Water Treatment Plant as DEO Subrecipient Agreement No.:
16 I0123.p; and
17 WHEREAS,the scope of work for the project includes design of the new generator
18 system, purchasing equipment, re-routing underground piping, completing construction,
19 testing, training, commissioning, and start-up; and
20 WHEREAS, the Subrecipient Agreement ends forty-eight (48) months after
21 execution by DEO; and
22 WHEREAS, implementation of this project will provide a more reliable backup
23 power system at the East Water Treatment Plant to provide power to the plant during
24 storm events, natural disasters, and prolonged power failures and system outages from
25 Florida Power and Light (FPL) and enable the City to continue to provide a high level of
26 service to our water customers; and
27 WHEREAS, the City Commission of the City of Boynton Beach upon
28 recommendation of staff, deems it to be in the best interest of the citizens of the City of
29 Boynton Beach to approve and authorizes the Mayor to sign the Subrecipient Grant
30 Agreement from the Department of Economic Opportunity (DEO) Community
31 Development Block Grant-Mitigation (CDBG-MIT) program in the amount of $2,100,000
32 for the East Water Treatment Plant Generator Replacement Project.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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34 OF BOYNTON BEACH, FLORIDA, THAT:
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
38 Section 2. The City Commission approves and authorizes the Mayor to sign
39 the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO)
40 Community Development Block Grant-Mitigation (CDBG-MIT) program in the amount of
41 $2,100,000 for the East Water Treatment Plant Generator Replacement Project, attached
42 hereto and incorporated herein as Exhibit"A".
43 Section 3. This Resolution shall become effective immediately upon passage.
44 PASSED AND ADOPTED this 5th day of April, 2022.
45 CITY OF BOYNTON BEACH, FLORIDA
46
47 YES NO
48
49 Mayor—Ty Penserga t
50
51 Commissioner—Angela Cruz
52
53 Commissioner—Woodrow L. Hay
54
55 Commissioner—Thomas Turkin
56
57 Commissioner— District 4 - Vacant
58
59
60 VOTE O
61
62 ATTEST:
63
64
65 4(492-
66 C stal Gibson, MMC
67 City Clerk
68
69
70 (Corporate Seal)
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City of Boynton Beach
Agenda Item Request Form
6.F
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-113- Approve and authorize the City Manager to sign an
LED Lighting Agreement between the City of Boynton Beach and Florida Power & Light
for the installation or modification of lighting facilities on W. Ocean Avenue.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-113.
Explanation of Request: The LED Lighting Agreement consists of installing 50 LED lights on
new stand-alone poles with bracket arms, and the removal of 5 existing wooden pole street
lights on W. Ocean Avenue from Seacrest Blvd. to SW/NW 3rd Street. The design assumes
underground wiring to be provided by Florida Power & Light (FPL). FPL agrees to install or
modify the lighting facilities described and identified above (hereinafter called the Lighting
System), furnish to the Customer the electric energy necessary for the operation of the
Lighting System, and furnish such other services as are specified in the Agreement, all in
accordance with the terms of FPL's currently effective lighting rate schedule on file at the
Florida Public Service Commission (FPSC) or any successive lighting rate schedule approved
by FPSC. The City agrees to pay a monthly fee for the fixtures and poles in accordance with
the lighting tariff and an additional lighting charge of $233.28. Based on the review and
approval by the FPSC, these charges may be adjusted.
How will this affect city programs or services? There is no impact to City programs or
services.
Fiscal Impact: The City's annual tariff with FPL will go up by $2,674.53.
The installation cost of the lights is $33,467.12.
Attachments:
R24-113 Agenda_Item_1557-2023_Resolution_for_FPL_LED_Lighting.docx
Exhibit A to Resolution - FPL LT-1 Lighting Agreement City of Boynton Beach West Ocean
Avenue 3.14.24.pdf
Generator Tool City of Boynton Beach West Ocean Avenue 3.14.24 .pdf
City of Boynton Beach West Ocean Avenue Deco Lights - prelim_03-13-24.pdf
photo of lightpole.pdf
215
RESOLUTION NO. R24-1131
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING THE LED LIGHTING AGREEMENT WITH 4
FLORIDA POWER & LIGHT COMPANY FOR THE INSTALLATION OR 5
MODIFICATION OF LIGHTING FACILITIES ON WEST OCEAN AVENUE, 6
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 7
8
WHEREAS,the LED Lighting Agreement consists of installing 50 LED lights on new stand-9
alone poles with bracket arms, and the removal of 5 existing wooden pole street lights on W. 10
Ocean Avenue from Seacrest Blvd. to SW/NW 3rd Street. The design assumes underground wiring 11
to be provided by Florida Power & Light (“FPL”); and12
WHEREAS, FPL agrees to install or modify the lighting facilities, Lighting System, furnish 13
the electric energy necessary for the operation of the Lighting System, and furnish such other 14
services as are specified in the Agreement, all in accordance with the terms of FPL's current15
effective lighting rate schedule on file at the Florida Public Service Commission (“FPSC”) or any 16
successive lighting rate schedule approved by the FPSC; and 17
WHEREAS,the City agrees to pay a monthly fee for fixtures and poles in accordance with18
the Lighting tariff and an additional lighting charge in the amount of $233.28, which may be 19
adjusted based on the review and approval by the FPSC; and20
WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21
the best interests of the citizens and residents of the City of Boynton to approve the LED Lighting 22
Agreement with FPL for the installation or modification of lighting facilities on West Ocean 23
Avenue.24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25
BEACH, FLORIDA, THAT: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 LED Lighting Agreement 30
between FPL and the City for the installation or modification of lighting facilities on West Ocean 31
Avenue, in form and substance similar to that attached as “Exhibit A,”and authorizes the City 32
216
Manager to execute the Agreement. 33
SECTION 3.One fully-executed original of the Agreement shall be retained by the City 34
Clerk as a public record of the City. A copy of the Agreement shall be provided to Moisey 35
Abdurakhmanov to forward to FPL.36
SECTION 4.This Resolution shall take effect as provided by law.37
38
PASSED AND ADOPTED this 21st day of May 2024.39
CITY OF BOYNTON BEACH, FLORIDA40
YES NO41
Mayor – Ty Penserga _____ _____42
43
Vice Mayor – Aimee Kelley _____ _____44
45
Commissioner – Angela Cruz _____ _____46
47
Commissioner – Woodrow L. Hay _____ _____48
49
Commissioner – Thomas Turkin _____ _____50
51
VOTE ______52
ATTEST:53
54
55
___________________________________________________________56
Maylee De Jesús, MPA, MMC Ty Penserga57
City Clerk Mayor58
59
APPROVED AS TO FORM:60
(Corporate Seal)61
_______________________________62
Shawna G. Lamb63
City Attorney64
217
1
FPL Account Number: 7746210231
FPL Work Request Number:
LED LIGHTING AGREEMENT
In accordance with the following terms and conditions, City of Boynton Beach (hereinafter called the Customer), requests on this 30th day
of April, 2024 , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws
of the State of Florida, the following installation or modification of lighting facilities at (general boundaries) V/O West Ocean Avenue, located
in Boynton Beach, Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Fixture Description (1)
Watts
Lumens
Color
Temperature
#
Installed
#
Removed
HOLOPHANE BERN 51 6773 4000 50
(1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/led
218
2
Pole Description #
Installed
#
Removed
Black Tapered Concrete 21' (15'6" MH) 50
(b) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined
based on the job scope, and the Additional Lighting Charges factor applied to determine the monthly rate.
(c) Modification to existing facilities other than described above or additional notes (explain fully): WE ARE TO INSTALL 50 NEW 21'
BLACK TAPERED ONCRETE POLES WITH HOLOPHANE BERN FIXTURES UTILIZING A 6' DECORATIVE BRACKET. .
219
3
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the lighting facilities described and identified above (hereinafter called the Lighting System), furnish to the Customer the electric
energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement, all in
accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any
successive lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff, and additional lighting charge in the amount of $233.28
These charges may be adjusted subject to review and approval by the FPSC.
3. To pay Contribution in Aid of Construction (CIAC) in the amount of $33,467.12 prior to FPL's initiating the requested installation or
modification.
4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff. These charges may be adjusted subject to review and
approval by the FPSC.
5. To purchase from FPL all the electric energy used for the operation of the Lighting System.
6. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the
FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this
agreement.
7. To provide access, suitable construction drawings showing the location of existing and proposed structures, and appropriate plats necessary for
planning the design and completing the construction of FPL facilities associated with the Lighting System.
8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county
ordinances governing the size, wattage, lumens or general aesthetics.
9. For new FPL-owned lighting systems, to provide final grading to specifications, perform any clearing if needed, compacting, removal of stumps
or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trench locations,
drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities.
10. For FPL-owned fixtures on customer-owned systems:
a. To perform repairs or correct code violations on their existing lighting infrastructure. Notification to FPL is required once site is ready.
b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic
event.
c. In the event the light is not operating correctly, Customer agrees to check voltage at the service point feeding the lighting circuit prior to
submitting the request for FPL to repair the fixture.
IT IS MUTUALLY AGREED THAT:
11. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of
an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities is defined as the
following:
a. the addition of lighting facilities:
b. the removal of lighting facilities; and
c. the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights-of-way or
easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be
responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facilities. Payment shall be
made by the Customer in advance of any relocation.
Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements.
13. FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar
illuminating capacity and efficiency.
220
4
14. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend
thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any
extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of
this Agreement. This Agreement shall be extended automatically beyond the initial ten (10) year term or any extension thereof, unless either
party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and
shall be given not less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof.
15. In the event lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach
of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates approved by
the FPSC) plus removal cost.
16. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations
contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric
energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure
of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying
of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform
any of the terms and conditions of this Agreement.
17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this
Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus
prevented from compliance, and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by
reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose
of repairing or making more efficient all or any part of its generating or other electrical equipment.
18. This Agreement supersedes all previous Agreements or representations, either written, oral, or otherwise between the Customer and FPL,
with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any
rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.
19. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be
assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations
have been assumed by the assignee and agreed to by FPL.
20. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL.
21. The lighting facilities shall remain the property of FPL in perpetuity.
22. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the
Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict
between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and
FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be
effective as of the day and year first written above.
Charges and Terms Accepted:
City of Boynton Beach
Customer (Print or type name of Organization)
By: ________________________________________________
Signature (Authorized Representative)
___________________________________________
(Print or type name)
Title: _______________________________________________
FLORIDA POWER & LIGHT COMPANY
By: _______________________________________________
(Signature)
Gladys A. Reyes
(Print or type name)
Title: LED Lighting Solutions Representative
221
Revised:
01/11/24 LED Lighting Plan Date
4/30/2024
Month Day Year 4/29/2025 Scheduled Date in
WMS
*4 30 2024 8/14/2025 SRD in WMS
Going Green
This plan reduces power consumption by:(10,800) kWh / year
and that eliminates:(8) metric tons of CO 2 every year 1
or removing:(2) cars from the road 2
50
2,674.53$
select fixture:
fixture / pole:
select pole:
Fixture*
50 Pole
No Maintenance
Full Energy**
No Monthly Total
######
50
ALC FEE
Total
50
1
-$ 233.28$
233.28
Installation Details Existing Proposed
SUB TOTAL -$ 2,441.25$
TOTAL -$ 2,674.53$
FPL Non-LED Conversion:
Additional Lighting Charge (ALC)
FPL NW Area:
Full/Hybrid:
#VALUE!
71.00$
21.6' with 15.5'MH Black Tapered Concrete Tenon Mount
1 eGRID, U.S. annual non-baseload CO2 output emission rate, year 2012 data
2 US Environmental Protection Agency
2,441.25$
#VALUE!72.50$
1
#VALUE!
#VALUE!
873.00$ Quantity:
Completion Date - Calculator
Tool
Expected Close Date
Material Delivery Date
Estimated Requested
Completion Date
City of Boynton Beach West Ocean Avenue
Installation Details
1
* Close date is inclusive of
-Signed Agreement
-CIAC
-Permitting & Easements
-Backbone WR in status 60 for
subdivisions
Existing Option 1
Bern 51 Watt (Pendant)
1,424.75$
TOTAL -$ 2,674.53$
*Includes fixture fee and monthly conversion fee where applicable.
**Includes Non-Fuel Energy charge, Fuel, Conservation, Capacity, Environmental, and Storm Charges.
Based upon FPL bill rates as of 01.01.22 222
AS-BUILT CREW PRINT
Request CAVT Transfer?
Tele. Attachment Per
Telephone Co. Job No.
PERMIT
REQ'D
Easement? Yes No
Tree Work? Yes No
Survey/Stake? Yes No
Designer/Stake?Yes No
Work with SMO?Yes No
CT/Special Mtr? Yes No
ALL REQUIRED GROUND RODS HAVE BEEN DRIVEN & VERIFIED TO
BE WITHIN FPL STANDARDS, VALUES ARE SHOWN AT ALL LOCATIONS.
FOREMAN'S SIGNATURE DATEFOREMAN'S SIGNATURE DATE
JOB CERTIFIED COMPLETED AS SHOWN ON THIS AS-BUILT
PRINT. MATERIAL CHANGES SHOWN ON ROS
SUPERVISOR'S SIGNATURE DATE
AS-BUILT COPY
INITIALS CERT. DATE
INACCESSIBLE 13 kV FUTURE 23 kV 23 kV
FPL
Designed by:
Drawn by:
Date:
Dwg No.Check by:
Rural Location Sec.TWP.
SCALE:St. Lt MAP No.
S,R.E.
Pri Map No.
WR M/A
Requested Tel. Co. Set Poles ?
Requested Tel. Co. Transfer ?
YES
YES
YES
YES
NO
NO
NO
NO
City
WMD
County Rd.
RR Xing
County Air
DR. Dist.
State Road
Transm.
FAA
POLE LINE FEET
POLE LINE FT. ON TRANSM. POLES
TLM/LDS MODEL No.
TRENCH FT.
DUCT BANK FT.
Map Posting?Posted by:
SALT SPRAY
110 EAST OCEAN AVENUE, CITY OF BOYTON BEACH
INST 50 NEW LED LIGHTS AND 50 NEW PLS. REMOVE 5
EXISTING SL FIXTURES AND 5 POLES
NICHOLAS A HERNANDEZ 03/13/24
NAH
######
N.T.S MAP#
##############
0'
0'
-
0'
0'
1 OF 4
FEEDER: BOYNTON (00536)
PERMIT WILL BE REQUIRED
FEEDER: BOYNTON (00536)
PERMIT WILL BE REQUIRED
Symbol Description Watts Temp color Quantity
HOLOPHANE BERN 51W 4000K 6,773L 51 W 4000K 50
BLACK TAPERED CONCRETE 21' (15' 6" MH) (POLE D)N/A N/A 50
Product summary
Page 2
Section A
Page 3
Section B
Page 4
Section C
New 17" Hand - Hole
New 24" Hand - Hole
New Fixture with Bracket
New Street Light Concrete Pole
Existing FPL Wood Pole
New UG PVC & Cable
Existing Aerial Transformer
LEGEND
223
AS-BUILT CREW PRINT
Request CAVT Transfer?
Tele. Attachment Per
Telephone Co. Job No.
PERMIT
REQ'D
Easement? Yes No
Tree Work? Yes No
Survey/Stake? Yes No
Designer/Stake?Yes No
Work with SMO?Yes No
CT/Special Mtr? Yes No
ALL REQUIRED GROUND RODS HAVE BEEN DRIVEN & VERIFIED TO
BE WITHIN FPL STANDARDS, VALUES ARE SHOWN AT ALL LOCATIONS.
FOREMAN'S SIGNATURE DATEFOREMAN'S SIGNATURE DATE
JOB CERTIFIED COMPLETED AS SHOWN ON THIS AS-BUILT
PRINT. MATERIAL CHANGES SHOWN ON ROS
SUPERVISOR'S SIGNATURE DATE
AS-BUILT COPY
INITIALS CERT. DATE
INACCESSIBLE 13 kV FUTURE 23 kV 23 kV
FPL
Designed by:
Drawn by:
Date:
Dwg No.Check by:
Rural Location Sec.TWP.
SCALE:St. Lt MAP No.
S,R.E.
Pri Map No.
WR M/A
Requested Tel. Co. Set Poles ?
Requested Tel. Co. Transfer ?
YES
YES
YES
YES
NO
NO
NO
NO
City
WMD
County Rd.
RR Xing
County Air
DR. Dist.
State Road
Transm.
FAA
POLE LINE FEET
POLE LINE FT. ON TRANSM. POLES
TLM/LDS MODEL No.
TRENCH FT.
DUCT BANK FT.
Map Posting?Posted by:
SALT SPRAY
110 EAST OCEAN AVENUE, CITY OF BOYTON BEACH
INST 50 NEW LED LIGHTS AND 50 NEW PLS. REMOVE 5
EXISTING SL FIXTURES AND 5 POLES
NICHOLAS A HERNANDEZ 03/13/24
NAH
######
N.T.S MAP#
##############
0'
0'
-
0'
0'
2 OF 4
CONSTRUCTION NOTES:
LOC 1 – 16: FPL TO INSTALL (1) HOLOPHANE BERN 51W 4000K 6,773L ON BLACK TAPERED CONCRETE 21' (15' 6" MH).
FPL SL HH TO BE INTALLED AT BASE OF PROPOSED POLE
LOC 1A, 2A: FPL TO REMOVE EXISTING FPL WOODEN SL POLE AND FIXTURE
-FPL TO INSTALL ALL CONDUIT AND HHS
-FPL TO INSTALL #6DPX AT ALL LOCATIONS UNLESS OTHERWISE NOTED
-PERMIT WILL BE REQUIRED
-‘CHECK VOLTAGE – CONVERT 480V TO 120V OR 240V’ ON 480V CIRCUITS, CHANGE THE RELAY PRIOR TO INSTALLING
THE LIGHTS. VERIFY THE SOURCE AND AMOUNT OF LIGHTS ON THAT RELAY. CONTACT THE FPL PL TO ASSIST WITH
THIS PROCESS.
-CUSTOMER TO CONTACT FPL PL AND COORDINATE STAKING OF ALL LOCATIONS PRIOR LED INSTALLATIONS.
CUSTOMER IS RESPONSIBLE FOR ANY RESTORATION REQUIRED.
FPL LED REPRESENTATIVE: GLADYS REYES
2 4 6 8 10 12 14
15131197531
16
AΦ25
6-8009-9867-0-3
1a
2a
Bore - 60'
Bore - 55'Bore - 110'
Bore - 60'
Bore - 60'
Bore - 60'Bore - 110'
Bore - 45'
Bore - 50'
Bore - 45'
Bore - 55'
Bore - 45'
Bore - 55'
Bore - 60'
UG 1/0TPX Bore - 40'
Bore - 40' Bore - 140'UG 1/0 TPXBore - 60'224
AS-BUILT CREW PRINT
Request CAVT Transfer?
Tele. Attachment Per
Telephone Co. Job No.
PERMIT
REQ'D
Easement? Yes No
Tree Work? Yes No
Survey/Stake? Yes No
Designer/Stake?Yes No
Work with SMO?Yes No
CT/Special Mtr? Yes No
ALL REQUIRED GROUND RODS HAVE BEEN DRIVEN & VERIFIED TO
BE WITHIN FPL STANDARDS, VALUES ARE SHOWN AT ALL LOCATIONS.
FOREMAN'S SIGNATURE DATEFOREMAN'S SIGNATURE DATE
JOB CERTIFIED COMPLETED AS SHOWN ON THIS AS-BUILT
PRINT. MATERIAL CHANGES SHOWN ON ROS
SUPERVISOR'S SIGNATURE DATE
AS-BUILT COPY
INITIALS CERT. DATE
INACCESSIBLE 13 kV FUTURE 23 kV 23 kV
FPL
Designed by:
Drawn by:
Date:
Dwg No.Check by:
Rural Location Sec.TWP.
SCALE:St. Lt MAP No.
S,R.E.
Pri Map No.
WR M/A
Requested Tel. Co. Set Poles ?
Requested Tel. Co. Transfer ?
YES
YES
YES
YES
NO
NO
NO
NO
City
WMD
County Rd.
RR Xing
County Air
DR. Dist.
State Road
Transm.
FAA
POLE LINE FEET
POLE LINE FT. ON TRANSM. POLES
TLM/LDS MODEL No.
TRENCH FT.
DUCT BANK FT.
Map Posting?Posted by:
SALT SPRAY
110 EAST OCEAN AVENUE, CITY OF BOYTON BEACH
INST 50 NEW LED LIGHTS AND 50 NEW PLS. REMOVE 5
EXISTING SL FIXTURES AND 5 POLES
NICHOLAS A HERNANDEZ 03/13/24
NAH
######
N.T.S MAP#
##############
0'
0'
-
0'
0'
3 OF 4
CONSTRUCTION NOTES:
LOC 17 - 33: FPL TO INSTALL (1) HOLOPHANE BERN 51W 4000K 6,773L ON BLACK TAPERED CONCRETE 21' (15' 6" MH).
FPL SL HH TO BE INTALLED AT BASE OF PROPOSED POLE
LOC 3A, 4A: FPL TO REMOVE EXISTING FPL WOODEN SL POLE AND FIXTURE
-FPL TO INSTALL ALL CONDUIT AND HHS
-FPL TO INSTALL #6DPX AT ALL LOCATIONS UNLESS OTHERWISE NOTED
-PERMIT WILL BE REQUIRED
-‘CHECK VOLTAGE – CONVERT 480V TO 120V OR 240V’ ON 480V CIRCUITS, CHANGE THE RELAY PRIOR TO INSTALLING
THE LIGHTS. VERIFY THE SOURCE AND AMOUNT OF LIGHTS ON THAT RELAY. CONTACT THE FPL PL TO ASSIST WITH
THIS PROCESS.
-CUSTOMER TO CONTACT FPL PL AND COORDINATE STAKING OF ALL LOCATIONS PRIOR LED INSTALLATIONS.
CUSTOMER IS RESPONSIBLE FOR ANY RESTORATION REQUIRED.
FPL LED REPRESENTATIVE: GLADYS REYES
18 20 22 24 26 28 30
3331272523211917
32
29
3a 4a
Bore - 50'
Bore - 50'
Bore - 50'
Bore - 55'
Bore - 85'
Bore - 45'
Bore - 50'
Bore - 55'Bore - 55'
Bore - 55'
Bore - 35'
Bore - 50'
Bore - 50'Bore - 55'
Bore - 45'Bore - 45'
Bore - 40'
225
AS-BUILT CREW PRINT
Request CAVT Transfer?
Tele. Attachment Per
Telephone Co. Job No.
PERMIT
REQ'D
Easement? Yes No
Tree Work? Yes No
Survey/Stake? Yes No
Designer/Stake?Yes No
Work with SMO?Yes No
CT/Special Mtr? Yes No
ALL REQUIRED GROUND RODS HAVE BEEN DRIVEN & VERIFIED TO
BE WITHIN FPL STANDARDS, VALUES ARE SHOWN AT ALL LOCATIONS.
FOREMAN'S SIGNATURE DATEFOREMAN'S SIGNATURE DATE
JOB CERTIFIED COMPLETED AS SHOWN ON THIS AS-BUILT
PRINT. MATERIAL CHANGES SHOWN ON ROS
SUPERVISOR'S SIGNATURE DATE
AS-BUILT COPY
INITIALS CERT. DATE
INACCESSIBLE 13 kV FUTURE 23 kV 23 kV
FPL
Designed by:
Drawn by:
Date:
Dwg No.Check by:
Rural Location Sec.TWP.
SCALE:St. Lt MAP No.
S,R.E.
Pri Map No.
WR M/A
Requested Tel. Co. Set Poles ?
Requested Tel. Co. Transfer ?
YES
YES
YES
YES
NO
NO
NO
NO
City
WMD
County Rd.
RR Xing
County Air
DR. Dist.
State Road
Transm.
FAA
POLE LINE FEET
POLE LINE FT. ON TRANSM. POLES
TLM/LDS MODEL No.
TRENCH FT.
DUCT BANK FT.
Map Posting?Posted by:
SALT SPRAY
110 EAST OCEAN AVENUE, CITY OF BOYTON BEACH
INST 50 NEW LED LIGHTS AND 50 NEW PLS. REMOVE 5
EXISTING SL FIXTURES AND 5 POLES
NICHOLAS A HERNANDEZ 03/13/24
NAH
######
N.T.S MAP#
##############
0'
0'
-
0'
0'
4 OF 4
CONSTRUCTION NOTES:
LOC 34 – 50: FPL TO INSTALL (1) HOLOPHANE BERN 51W 4000K 6,773L ON BLACK TAPERED CONCRETE 21' (15' 6"
MH). FPL SL HH TO BE INTALLED AT BASE OF PROPOSED POLE
LOC 5A: FPL TO REMOVE EXISTING FPL WOODEN SL POLE AND FIXTURE
-FPL TO INSTALL ALL CONDUIT AND HHS
-FPL TO INSTALL #6DPX AT ALL LOCATIONS UNLESS OTHERWISE NOTED
-PERMIT WILL BE REQUIRED
-‘CHECK VOLTAGE – CONVERT 480V TO 120V OR 240V’ ON 480V CIRCUITS, CHANGE THE RELAY PRIOR TO INSTALLING
THE LIGHTS. VERIFY THE SOURCE AND AMOUNT OF LIGHTS ON THAT RELAY. CONTACT THE FPL PL TO ASSIST WITH
THIS PROCESS.
-CUSTOMER TO CONTACT FPL PL AND COORDINATE STAKING OF ALL LOCATIONS PRIOR LED INSTALLATIONS.
CUSTOMER IS RESPONSIBLE FOR ANY RESTORATION REQUIRED.
FPL LED REPRESENTATIVE: GLADYS REYES
35 37 39 41 43 45 47
4846444240383634
49 50
5a
Bore - 60'
Bore - 55'
Bore - 60'
Bore - 70'
Bore - 55'
Bore - 90'
Bore - 45'
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Bore - 40'
Bore - 45'
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227
City of Boynton Beach
Agenda Item Request Form
6.G
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-114- Approval of Second Amendment to the Interlocal
Agreement between the City and CRA for the Historic Woman's Club of Boynton Beach
located at 1010 S. Federal Highway.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-114.
Explanation of Request: On February 11, 2021, the City of Boynton Beach and the City of
Boynton Beach Community Redevelopment (CRA) entered into an Interlocal Agreement for
the transfer of ownership and funding of certain improvements, operations, and maintenance
of the Historic Women's Club of Boynton Beach, located on 1010 South Federal Highway,
Boynton Beach, Florida which is listed on the National Register of Historic Places, approved
by Resolution No. R21-021 on February 2, 2021.
On February 6, 2024, the parties entered into a First Amendment extending the Term of the
Agreement through September 30, 2024, approved by Resolution No. R24-021 on February 6,
2024.
On April 9, 2024, the CRA Board approved the City's request for waivers to the Interlocal
Agreement for the transfer of ownership and funding of certain improvements, operations, and
maintenance of the Historic Woman's Club of Boynton Beach located at 1010 S. Federal
Highway, Boynton Beach, Florida. The CRA Board approved the following waivers: Waive the
time period in which the City may request reimbursement, and Amend the ILA to include
design fees. The proposed Second Amendment to the ILA implements these changes.
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 facility rentals.
Fiscal Impact: This is a budgeted item - Reimbursed by CRA.
Attachments:
R24-114 Agenda_Item_1601-
2023_Second_Amendment_to_Historic_Womens_CRA_Interlocal.docx
Second_Amendment_to_Agreement_with_City_HWCBB.docx
City_Waiver_Memo-HWCBB.pdf
R21-021 approving interlocal agmt.pdf
228
R24-021-City Reso & First Amendment Fully Executed.pdf
229
RESOLUTION NO. R24-1141
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE 4
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5
THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 6
FOR THE IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON 7
BEACH LOCATED AT 1010 S. FEDERAL HIGHWAY; PROVIDING AN EFFECTIVE 8
DATE; AND FOR ALL OTHER PURPOSES. 9
10
WHEREAS,on February 11, 2021, the City of Boynton Beach and the City of Boynton Beach 11
Community Redevelopment (CRA) entered into an Interlocal Agreement for the transfer of 12
ownership and funding of certain improvements, operations, and maintenance of the Historic 13
Women's Club of Boynton Beach, located on 1010 South Federal Highway, Boynton Beach, Florida 14
which is listed on the National Register of Historic Places, approved by Resolution No. R21-021 15
on February 2, 2021; and16
WHEREAS,on February 6, 2024, the parties entered into a First Amendment extending 17
the Term of the Agreement through September 30, 2024, approved by Resolution No. R24-021 18
on February 6, 2024; and 19
WHEREAS, on April 9, 2024, the CRA Board approved the City's request for waivers to the 20
Interlocal Agreement. The CRA Board approved the following waivers: Waive the time period in 21
which the City may request reimbursement, and Amend the Interlocal Agreement to include 22
design fees per CRA Board direction; and23
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 24
the best interests of the citizens and residents of the City to approve the Second Amendment to 25
the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community 26
Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, 27
Boynton Beach, Florida to the City of Boynton Beach and the Funding of Certain Improvements, 28
Operations, and Maintenance Thereon.29
30
31
32
33
230
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34
BEACH, FLORIDA, THAT:35
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 36
being true and correct and are hereby made a specific part of this Resolution upon adoption.37
SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 38
approve a Second Amendment to the Interlocal Agreement Between the City of Boynton Beach 39
and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property 40
Located at 1010 South Federal Highway, Boynton Beach, Florida to the City of Boynton Beach and 41
the Funding of Certain Improvements, Operations, and Maintenance Thereon, between Boynton 42
Beach Community Redevelopment Agency and the City, in form and substance similar to that 43
attached as “Exhibit A”. 44
SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 45
authorizes the Mayor to execute the Second Amendment and such other related documents as 46
may be necessary to accomplish the purpose of this Resolution.47
SECTION 4.Upon execution by all parties, the City Clerk is hereby directed to file the 48
fully-executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 49
Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements.50
SECTION 5.This Resolution shall take effect in accordance with law.51
52
53
54
55
[signatures on following page]56
57
58
59
60
231
PASSED AND ADOPTED this 21st day of May 2024.61
CITY OF BOYNTON BEACH, FLORIDA62
YES NO63
Mayor – Ty Penserga __________64
65
Vice Mayor – Aimee Kelley __________66
67
Commissioner – Angela Cruz __________68
69
Commissioner – Woodrow L. Hay __________70
71
Commissioner – Thomas Turkin __________72
73
VOTE ______74
ATTEST:75
76
___________________________________________________________77
Maylee De Jesús, MPA, MMC Ty Penserga78
City Clerk Mayor79
80
APPROVED AS TO FORM:81
(Corporate Seal)82
83
_______________________________84
Shawna G. Lamb85
City Attorney86
232
4885-1849-8231, v. 1
SECOND 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 THEREON.
This Second 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 Thereon (“Second
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, on February 11, 2021, the Parties previously 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 Thereon (“Agreement”), a copy of which is attached hereto as Exhibit “A;” and
WHEREAS, on December 14, 2023, the Parties entered into the 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 Thereon (“First Amendment”), a copy of which is attached hereto as
Exhibit “B,” to extend the termination date of the Interlocal Agreement to September 30, 2024;
and
WHEREAS, the Agreement as Amended by the First Amendment is hereinafter referred to as the
“Interlocal Agreement;” and
WHEREAS, the Parties desire to amend the Interlocal Agreement to allow design fees to be an
eligible expense; and
WHEREAS, under Section 12 of the Interlocal Agreement, 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; and
WHEREAS, through the letter dated February 21, 2024, (“Waiver Request Letter”), a copy of
which is attached as Exhibit “C,” the City has requested and the CRA desires to amend the
Interlocal Agreement to permit the reimbursement of certain eligible expenses by waiving the time
period in which the City may request reimbursement; and
WHEREAS, the CRA Board finds that this Second Amendment is consistent with the CRA’s
Redevelopment Plan and Chapter 163, Florida Statutes;
NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal
Agreement, the sufficiency of which both Parties hereby acknowledge:
233
4885-1849-8231, v. 1
1)Incorporation.The recitals and other information above are hereby incorporated herein as
if fully set forth.
2)Definitions.All words not defined herein shall have the same meaning as in the Interlocal
Agreement. To the extent of a conflict, the definitions in this Second Amendment shall
control for the amendments to the Interlocal Agreement contained herein.
3)Amendment Style.Amendments to the Interlocal Agreement are shown as follows:
additions are shown in underlined format; deletions are shown in strikethrough format.
4)Amendment.Paragraph 2.a. of the Interlocal Agreement is amended as follows:
a. The CRA shall provide funding to the CITY in an amount not to exceed Two
Hundred Fifty Thousand and 00/100 Dollars ($250,000) annually (for a maximum
total of $750,000) to be used only for 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 requirements of this Agreement. In addition, only direct
expenses for materials, labor, construction, and equipment costs associated with the
Project for the physical operation and maintenance of the Property (the term
“Property” includes the HWCBB), and expenses associated with the design,
construction, and installation of physical improvements related to ADA
accessibility, historic preservation, health and safety codes, and pedestrian access
between parking areas and the HWCBB, shall be considered eligible expenses.
CITY overhead, CITY administrative costs, payments to CITY employees, and any
payoffs required by the applicable restrictive covenants are not eligible expenses.
5)Waiver.Under Section 12 of the Agreement, 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. Pursuant Section 12, the Parties hereby agree to waive the
reimbursement requirements concerning the timing of the Reimbursement Requests as
described in Section 4.a. of the Interlocal Agreement for CRA PO #1968 and CRA PO
#2026, which are referenced in the February 21, 2024, Waiver Request letter, copies of
which are attached hereto as Composite Exhibit “D.”
6)Effective Date of this Amendment. This Second Amendment will become effective at the
date and time that the last party signs below.
7)General. The parties agree that all terms, conditions, and provisions of the Agreement not
expressly amended, modified or deleted by this Second Amendment shall continue in full
force and effect. This Second 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
Second Amendment, this Second Amendment shall control.
234
4885-1849-8231, v. 1
IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as
of the later of the dates set forth below.
ATTEST:CITY OF BOYNTON BEACH,
a Florida municipal corporation
___________________________By:__________________________
Maylee DeJesus, City Clerk Ty Penserga, Mayor
Approved as to Form:Date:_________________________
(SEAL)
____________________________
Office of the CityAttorney
Approved as to Form:BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
___________________________By:_____________________________
Office of the CRA Attorney Ty Penserga, Chair
Date:_________________________
235
236
1 RESOLUTION NO. RD O
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT AND A PURCHASE AND
5 SALE AGREEMENT BETWEEN THE CITY OF BOYNTON
6 BEACH AND THE BOYNTON BEACH COMMUNITY
7 REDEVELOPMENT AGENCY FOR THE HISTORIC WOMEN'S
8 CLUB OF BOYNTON BEACH; AND PROVIDING AN
9 EFFECTIVE DATE.
10 WHEREAS, The Boynton Beach Community Redevelopment Agency (CRA) has
11 owned, maintained and operated the Historic Women's Club of Boynton 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 CRA; 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 and
20 authorize the Mayor to sign an Interlocal Agreement and a Purchase and Sale Agreement with
21 the Boynton Beach Community Redevelopment Agency for the Historic Women's Club of
22 Boynton Beach. Both final Agreements shall be in a form acceptable to the City Attorney.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and incorporated
26 herein by this reference.
S:\CA\RESO\Agreements\ILA And Purchase Agreement With CRA For Women's Club-Reso.Docx
237
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 Agreement are attached
33 hereto as Exhibit"B".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this.a day of February, 2021.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor—Steven B. Grant
41
42 Vice Mayor—Ty Penserga
43
44 Commissioner—Justin Katz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Christina L. Romelus
49
50 VOTE n-0
51 ATTEST:
52
53
I/
4jF
dl/Crystal Gibs• , MMC
56 City Clerk
57 1 't'y
58
r"
yt
59 (Corporate Seal)
c
r•.
S:\CA\RESO\Agreements\ILA And Purchase Agreement With CRA For Women's Club-Reso.Docx
238
YTh . 0/ 1 -- Q - 1
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 AGREEMENT("Agreement")is made 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").
WITNESSETH:
WHEREAS,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
WHEREAS, the CRA owns the property within the CRA Area located at 1010 South
Federal Highway, Boynton Beach, FL(the"Property") as further described in Exhibit"A,"
which is hereby incorporated herein; and
WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach
building ("HWCBB"); and
WHEREAS, 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
municipal purposes, specifically, for municipal and cultural purposes and as an events venue
available to rent by the general public; and
WHEREAS, the use of the 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 adjacent 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 full use of the Property by the CITY as described above; and
WHEREAS, the transfer of this Property to the CITY will further promote the goals and
objectives of the CITY; and
01434266-1 1
239
WHEREAS, the CITY will undertake the maintenance and operations of the Property in
furtherance of that goal; and
WHEREAS, maintenance and operation of the HWCBB requires the additional off-site
parking found on the CITY Parcel; and
WHEREAS, the CRA desires to provide the CITY with funding for the maintenance and
operation of the Property, for a period not to exceed three(3) years from the Effective Date of this
Agreement("Maintenance Period"); and
WHEREAS, the CRA further desires to fund various physical improvements to the
HWCBB related to ADA accessibility, historic preservation, health and safety codes, and
pedestrian access between parking areas and the HWCBB; and
WHEREAS, the physical improvements described above and the operations and
maintenance of the HWCBB during the Maintenance Period are hereinafter referred to as the
Project;" and
WHEREAS,the CRA fords the Project will enhance the CRA Area; and
WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds
for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and
WHEREAS, 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
NOW, THEREFORE, 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
Hundred Fifty and 00/100 Dollars ($250,000) annually (for a maximum total of$750,000) to be
used 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 requirements of this Agreement. In addition,
only direct expenses for materials, labor, construction, and equipment costs associated with the
Project for the physical operation and maintenance of the Property (the term "Property" includes
01434266-1 2
240
the HWCBB), 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 HWCBB, shall be considered eligible expenses.
CITY overhead, CITY administrative costs, payment to CITY employees, and any payoffs
required by applicable restrictive covenants are not eligible expenses.
b.The CRA's obligation to provide funding to the City is contingent upon the
inclusion 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 CITY for eligible expenses upon receipt of a written,
complete Reimbursement Request from the CITY that meets the requirements of this Agreement
as further described below.
3. Obligations of the CITY.
a.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 an 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 for the 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.
d.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
effectuate 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-I 3
241
f.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.
g.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 such agreements. On the Effective 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 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:
a. Ninety (90) days after payment by the CITY of funds for which it is seeking
reimbursement;
b. Forty-five (45) days before the end of the CRA's fiscal year; and
c. 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;
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; 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 CITY detailing at minimum the type improvements, reasons
for the improvements, and the associated costs.
01434266-1 4
242
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
the final completion of any physical improvement, the CITY will no longer be eligible to receive
reimbursement for that improvement. 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 ninety (90) days from receipt of the notice to provide the necessary
documentation to complete the Reimbursement Request;however, in no case shall the City submit
such documentation later than forty-five (45) days before the end of the CRA'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 portion of the Reimbursement Request, if any, that the CRA
deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request
the CRA deems ineligible for reimbursement.
5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be
responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall
not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB.
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 more than seven calendar days (whether or not such entity pays the CITY rent
for such use), then the maintenance and operations costs for that portion of the Property shall not
be deemed eligible expenses for 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
01434266-1 5
243
City. The CRA and the City will negotiate and enter into a separate Purchase and Sale
Agreement for a Quit-Claim Deed transferring the Property from the CRA to the CITY.
8. Indemnification. The CITY 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 the
CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents
or employees. Each 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 Agreement. This Agreement shall become valid and commence upon the
date of execution by the last Party to this Agreement ("Effective Date"), and unless earlier
terminated pursuant to this Agreement, shall terminate three years from the Effective Date
Termination Date"). In no case shall the CRA be required to reimburse the CITY for any
untimely requests, or requests submitted 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 terminate this Agreement in accordance with other provisions in this Agreement.
10. 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.
11. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of
Section 163.01(11) of the Florida Statutes
01434266-1 6
244
12. 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.
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 of Florida
and of any other public authority which may be applicable.
15. 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.
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 terms of this Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida and the United States
of America, without regard to conflict of laws principles. Any and all legal actions necessary to
enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for
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.
01434266-1 7
245
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
remain until it shall have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the Parties designate the following as the respective places for giving
of notice:
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
4th 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
Tara Duhy, Esquire
Lewis, Longman &Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
20. 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.
01434266-1
8
246
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
document, and each Party is advised to seek independent legal advice in connection with the
matters referenced 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
an original, but all of which together shall constitute one and the same instrument. 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 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.
23. Survival. The provisions of this Agreement regarding indemnity, waiver, termination,
maintenance of the Property, and records shall survive the expiration or termination of this
Agreement and remain in full force and effect.
24. Time is of the Essence. The parties acknowledge that time is of the essence in the
performance of the provisions in this Agreement.
Signatures on following page.]
01434266-1 9
247
IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement
as of the later of the dates set forth below.
ATTEST: CITY OF BOYNTON BEACH,
a Florida municipal j.oration
5/-----eAia '.:!1..Ili / ° By: i
Cx__Crystal Gibso CITY Cler Steven B. Grant, Mayor
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Office of the CITY Attorney
Approved as to Form: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
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By:
Office of the CRA Attorney Steven B. Grant, Chair
Date:
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01434266-I 10
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IN wIT?ESS WHEREOF,the CITY and the CRA hereto have ewe:vied this Agreement
asel the bier of the dates Firth beuw.
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EXHIBIT "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 Estates, according to the Plat thereof as recorded
in Plat Book 10, Page 37, Public Records of Palm Beach County, Florida, Less the West 35 Feet
thereof for Road Right of Way.
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EXHIBIT "B"
CITY-owned Property Information (1021 South Federal Highway, Boynton Beach)
Parcel ID Number: 08-43-45-28-24-000-0140
Legal Description:
PARCEL I:
Lots 14, 15, 16,and 17,PARKER ESTATES,a subdivision of the City of Boynton Beach,Florida,
according to the Plat thereof on file in the office of the Clerk of the Circuit court in and for Palm
Beach Cunty, Florida, recorded in Plat Book 10, at Page 37.
PARCEL II:
Lots 1 and 2,Block B,HATHAWAY PARK, a subdivision of the City of Boynton Beach,Florida,
according to the Plat thereof on file in the office of the Clerk of Court in and for Palm Beach
County, Florida, recorded in Plat Book 13 at Page 17.
SUBJECT TO: easements,reservations,restrictions,road-right-of-way of record, if any, and taxes
for the year 1998 and thereafter.
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R ) I -v) l
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT is made and entered into as of this 1 Pi day of February, 2021
Agreement") by and between the City of Boynton Beach, a Florida municipal corporation,
whose post office address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter
referred to as "PURCHASER") 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 E. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as
SELLER").
WITNESSETH
In consideration of Ten Dollars ($10.00) and the mutual agreements 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 Property. That certain property located at 1010 S. Federal Highway,
Boynton Beach, Florida, (the "Property) which Property is more particularly described with the
legal description in Exhibit"A," attached hereto and made a part hereof.
1.2 Closing. The delivery of a Quitclaim Deed to PURCHASER concurrently
with the delivery of the purchase price to SELLER.
1.3 Closing Date. The Closing Date shall occur on or before fifteen (15) days
subsequent to the Inspection Period.
1.4 Deed. A Quitclaim Deed, acceptable to PURCHASER, which shall convey
00427049.1 306-99055411
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the Property from SELLER to PURCHASER.
1.5 Effective Date. The Effective Date of this Agreement shall be the date upon
its execution by both the SELLER and PURCHASER.
1.6 SELLER'S Address. Sellers' mailing address is 100 E. Ocean Avenue,
Boynton Beach, FL 33435.
1.7 PURCHASER'S Address. Purchaser's mailing address is 100 E. Ocean
Avenue, Boynton Beach, FL 33435, with copy to Goren, Cherof, Doody&Ezrol, P.A.,Attn: James
A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale,Florida 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 deemed to refer to the plural and the plural to the singular, and pronouns of
each gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "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
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property
previously identified on Exhibit "A" for the total Purchase Price of Ten and 00/100 ($10.00)
Dollars and upon and subject to the terms and conditions hereinafter set forth.
2.1 The Purchase includes:
a) All buildings and improvements located on the Property;
b) All right-of-ways, alleys, waters, privileges, easements and
appurtenances which are on or benefit all the Property;
00427049.1306-9905541}
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253
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. The 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) for any damage to the Property due to change of grade of any
street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand,
proper instruments for the conveyance of title and the assignment and collection of award and
damages;
d) All fixtures and articles of personal property remaining on the Property
at the time of closing. SELLER represents that such fixtures and articles are paid for and are owned
by SELLER free and clear of any lien or encumbrance.
e) To the extent transferable, all licenses, permits, contracts and leases, if
applicable,with respect to the property.
3.INSPECTIONS.
PURCHASER shall have fifteen (15) days commencing on the Effective Date to perform
inspections of the property as the PURCHASER deems necessary ("Inspection Period"). During
the Inspection Period, PURCHASER shall, at PURCHASER'S sole cost and expense, determine
that utility services including, water, waste water, electric, telephone and all other utilities are
available in the proper size and capacity to serve the existing facilities and installed to the property
lines. At all times during the Inspection Period, PURCHASER and PURCHASER'S agents shall
be provided with reasonable access during normal business hours to the Property for purposes of
on-site inspection, upon reasonable prior Notice to SELLER. The scope of the inspection
contemplated herein shall be determined by the PURCHASER as deemed appropriate under the
1004270491 306-9905541)
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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 PURCHASER'S sole discretion, shall be entitled to terminate this
Agreement prior to the end of the fifteen (15) day Inspection Period and PURCHASER also agrees
to indemnify and hold SELLER 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 inspections that are done pursuant hereto.
4.SELLER'S REPRESENTATIONS.
To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of SELLER'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 Closing unless SELLER 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 times from the Effective Date until prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from
and against all expense and liability in connection therewith (including, without limitation, court
costs and reasonable attorney's fees).
4.2 SELLER 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 would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
100427049.1 306-99055415
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255
occupancy or value of the Property or any part thereof or which would otherwise relate to the
Property.
4.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform SELLER'S obligations hereunder in this Agreement. SELLER does not and
will not conflict with or result in the breach of any condition or provision, or constitute a default
under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the
Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the SELLER is a party of which is or
purports to be binding upon the SELLER or which affects the SELLER; no action by any federal,
state or municipal or other governmental department, CRA, board, bureau or instrumentality is
necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with
its terms.
4.4 SELLER represents that SELLER will not, between the date of this
Agreement and the Closing, without PURCHASER'S prior written consent,which consent shall not
be unreasonably withheld or delayed, except in the ordinary course of business, create by
SELLER'S consent any encumbrances on the Property. For purposes of this provision the term
encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments,
rights-of-way, leases, easements, covenants, conditions or restrictions.
4.5 SELLER represents that there are no parties other than SELLER in
possession of the Property or any portion of the Property as a lessee.
4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use SELLER'S
best efforts to maintain the Property in its present condition so as to ensure that it shall remain
1004270491 306-99055411
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256
substantially in the same condition from the conclusion of the Inspection Period to the Closing
Date.
4.7 To the best of SELLER's knowledge, Hazardous Materials (as defined
below) are not present at, in, on or under the Property, any Site, or any part thereof. The Seller has
not received any notice of or information reflecting any violation of Environmental 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 from 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 SELLER, 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.
The term `Environmental Law or Laws" means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et. seq.), 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. seq.) and all other federal laws and regulations
governing the environment, including laws relating to petroleum and petroleum products, together
with their implementing guidelines, and all state, regional, county, municipal and other local laws,
regulations and ordinances that are equivalent or similar to the federal laws and regulations recited
above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means,
without limitation, any substance, material, waste, pollutant or contaminant listed or defined as
100427049.1 306-99055411
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hazardous or toxic under any Environmental Law, including without limitation, flammable,
explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste,
radioactive waste, mold, petroleum and petroleum products or constituents, methane and any other
toxic or hazardous material. SELLER will give immediate oral and written notice to PURCHASER
of SELLER's receipt of any written notice involving a violation threat of violation or suspected
violation of any Environmental Law. Seller has no knowledge of any tenant or occupant at the
Property who is storing any Hazardous Materials at the Property or any Site.
5. EVIDENCE OF TITLE.
5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by
delivery of a Quitclaim Deed, title to the subject Property. PURCHASER shall, within the
Inspection Period, secure a Title Search Report ("TSR") issued by a title insurance underwriter
approved and selected by PURCHASER identifying the encumbrances on the Property. The costs
and expenses relative to the TSR shall be borne by the PURCHASER.
PURCHASER shall have five (5) days from the date of receiving TSR to examine
same. If PURCHASER 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
SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the
removal of said objection(s) from the TSR within ten (10) days after PURCHASER has provided
notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any
objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either
1) 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
100427049.1 306-9905541)
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unable or unwilling to cure all objections within the time period set forth in the preceding sentence,
then PURCHASER may(a) terminate this Agreement by written notice to the SELLER within five
5) days after receipt of a cure notice specifying an 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 reduction or abatement of the Purchase Price.
6.PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of PURCHASER'S knowledge
that all of the following are true and correct:
a) PURCHASER has full power and authority to enter into this Agreement and
to assume and perform all of its obligations hereunder.
b) The execution and delivery of this Agreement and the consummation of the
transaction contemplated hereunder on the part of the PURCHASER do not and will
not violate the corporate or organizational documents of PURCHASER and will not
conflict with or result in the breach of any condition or provision, or constitute a
default under, or result in the creation or imposition of any lien, charge or
encumbrance upon any of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the PURCHASER 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 Agreement a valid
instrument binding upon PURCHASER in accordance with its terms and
conditions.
All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER in connection with the transaction
600427049.1306-9905541y
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259
contemplated herein shall be true and correct in all material respects and not in default at the time of
Closing,just as though they were made at such time.
7. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences ("Conditions Precedents") shall be a condition
precedent to PURCHASER'S obligation to close this transaction:
a) That the PURCHASER has not notified the SELLER that it has deemed 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 performed all covenants, agreements and obligations, and
complied with all conditions required by this Agreement to convey clear and
marketable title of the Property to PURCHASER,prior to closing.
c) Approval of this Agreement by the Boynton Beach City Commission.
8.RISK OF LOSS.
Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER 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 unleaseable 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 ($10,000.00): (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 (ii)
SELLER shall assign to PURCHASER on the date of Closing the full
amount of any proceeds payable under SELLER'S fire and extended
00427049.1 306-9905541}
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260
coverage insurance policy applicable to said damage;
b) If the damage, as determined by the insurance adjuster, is more than Ten
Thousand and 00/100 Dollars ($10,000.00)DOLLARS,PURCHASER shall
have the option to complete the settlement hereunder and collect all
available insurance proceeds relating to the improvements damaged by such
casualty loss, in which case SELLER shall pay to PURCHASER on the date
of Closing the full amount of any deductible under SELLER'S fire and
extended coverage insurance policy. SELLER warrants that it shall maintain
until the date of the Closing 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 of eminent domain or becomes the
subject of a notice of condemnation, prior to Closing, PURCHASER may
elect to terminate this Agreement and neither party shall have any further
claim against the other, or PURCHASER may elect to complete settlement
hereunder, in which event SELLER shall assign to PURCHASER all of
SELLER'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 adjustment to
the Purchase Price.
9.CLOSING DOCUMENTS.
At closing, SELLER shall deliver to PURCHASER a Quitclaim Deed, Bill of Sale, if
applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of
the Internal Revenue Code, 1099 Form and any other documents reasonably requested by either
100427049.1 306-9905541)
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party or the closing agent.
10. CLOSING COSTS,TAXES AND PRORATIONS.
10.1 Seller's Closing Costs. SELLER shall pay for the following items prior to or at
the time of closing:
a)Cost and expense related to providing marketable title as provided herein;
10.2 Purchaser's Closing Costs. PURCHASER shall pay for the following items
prior to or at the time of Closing:
a) Recording fees of the Quitclaim Deed;
b) Costs associated with obtaining the TSR.
11. CLOSING DATE AND PLACE.
The Closing will take place on or before the expiration of fifteen (15) days subsequent to
the Inspection Period at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at 3099 E.
Commercial Blvd., Suite 200, Fort Lauderdale,FL 33308.
12. DEFAULT.
In the event of a default by either party„ the non-defaulting party shall have the election of
the following remedies, including equitable relief to enforce the terms 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 PURCHASER is fully satisfied with its due diligence investigation conducted
during the Inspection Period.
b)The conveyance of clear and marketable title to the property.
c)The Boynton Beach City Commission authorizes the transaction.
100427049.1 306-9905541}
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14. ENFORCEABILITY.
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, such illegality or unenforceability shall not affect any other provision of
this Agreement.
15. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: City of Boynton Beach
100 E. Ocean Avenue
Boynton Beach,Florida 33435
Attn: Lori Laverriere, City Manager
With Copy to: James A. Cherof, Esq.
GOREN, CHEROF, DOODY&EZROL, P.A.
3099 East Commercial Boulevard,#200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
Fax: (954)771-4923
SELLER: Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue
Boynton Beach, Florida 33435
00427049.1306-9905541{
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263
Attn: Michael Simon, Executive Director
With Copy to: Tara Duhy, Esquire
Lewis, Longman &Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
16. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the
Federal or State Courts in Palm Beach County, Florida.
17. ASSIGNABILITY. PURCHASER may not assign this Agreement without the
consent of SELLER.
18. ENTIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are merged
in this Agreement. This Agreement completely expresses their full agreement.
19. AMENDMENT.
No modification or amendment of this Agreement shall be of any force or effect unless in
writing and executed by both SELLER and PURCHASER.
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 of which shall be taken
100427049.1 306-99055411
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to be an original and all collectively deemed one instrument. The parties hereto agree that a
facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals.
22. LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover from the non-prevailing party all costs and expenses incurred, 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 occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may 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.
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY]
00427049.1 306-9905541}
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
PURCHASER:
City of Boynton Beach, a Florida municipal
corporation
er
By: Steven B. Gr t, Mayor
Signed on:
0
SELLER:
Boynton Beach Community Redevelopment
Agency
By: Steven B. Grant, Chair
Signed on: ZA1 7 l 0
Pargoitt 7477p‹
TY ATTORNEY
100427049.1 306-99055411
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266
EXHBIT"A"
LEGAL DESCRIPTION
Lots 4, 5, 6 and 7, PARKER ESTATE, according to the plat thereof, as recorded in Plat
Book 10, Page 37, of the Public Records of Palm Beach County, Florida; LESS the West
35 feet thereof for road right of way.
FOLIO NO.: 08-43-45-28-24-000-0040
100427049.1 306-99055411
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267
1 RESOLUTION NO. R24-021
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST
4 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY FOR THE IMPROVEMENTS TO THE
7 HISTORIC WOMAN'S CLUB OF BOYNTON BEACH; AND PROVIDING
8 AN EFFECTIVE DATE.
9 WHEREAS, on February 11, 2021, the City of Boynton Beach (City) and the Boynton
10 Beach Community Redevelopment Agency (CRA) entered into an Interlocal Agreement (ILA)
11 for the transfer of ownership and funding of certain improvements, operations, and
12 maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S.
13 Federal Highway, Boynton Beach, FL, which is listed on the National Register of Historic Places;
14 and
15 WHEREAS, the Interlocal Agreement has a termination date of February 11, 2024; and
16 WHEREAS, this amendment will extend the date of the Interlocal Agreement to
17 September 30, 2024, to allow the City to request reimbursement for eligible costs for the
18 physical maintenance and renovations in an amount not to exceed $250,000 annually for a
19 total of three years; 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 and authorize the Mayor to sign the First Amendment to the Interlocal Agreement between
23 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the
24 improvements to the Historic Woman's Club of Boynton Beach.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and
28 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
S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-021 First Amendment To ILA With CRA For HWCBB - Reso I .Docx
268
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 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice Mayor—Thomas Turkin
42
43 Commissioner—Angela Cruz
44
45 Commissioner—Woodrow L. Hay
46
47 Commissioner—Aimee Kelley
48
49 VOTE 5-0
50
51 ATT T:
52
53
54 1 O
55 Mayle;• i- Jesus, M' MMC T "-
56 City C -r Ma •
57 pYNTpN
58 p ;G RPORgTF. F APPROVED AS TO FORM:
59 (Corporate Seal)
60
SEAL
INCORPORATED; xim661441920
62 A • Shawna G. Lamb
63 FLOR;r•
City Attorney
S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-02 I First_Amendment To ILA With CRA For HWCBB - Reso I .Docx
269
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
270
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
By:
Office of the CRA Attorney Ty Pe ser (MCRA C 1a'-
Date: /
Approved as to Form:CITY OF BOYNTON BEACH
By:
Office of the CITY Attorney Ty Penserga, Mayor
Date:
4870-0623-0420,v.1
271
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
By:
Office of the CRA Attorney Ty Penserga, CRA Chair
Date:
Approved as to Form:CITY OF BOYNTON BEACH
14a1V44 By:
Office of the CITY Attorney Ty Pen - yor
Date: w) kQ
4870-0623-0420,v. 1
272
City of Boynton Beach
Agenda Item Request Form
6.H
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-119- Authorizing the City Manager, upon the request of
the Chief of Police, to execute agreements with Federal, State, and local law
enforcement agencies for combined operational assistance, voluntary cooperation and
access, and use of intra-agency information and networks, provided that such
agreements have been approved by the Chief of Police and the City Attorney's Office.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-119.
Explanation of Request: From time to time, the City enters into agreements with Federal,
State, and local law enforcement agencies, such as the Federal Bureau of Investigation, the
Palm Beach County Sheriffs’ Office, the Fifteenth Judicial Circuit State Attorney, and the
United States Department of Justice Drug Enforcement Administration, which provide for
cooperation and combined operation assistance between the agencies and the City of
Boynton Beach Police Department.
The purpose of these agreements is to delineate the responsibilities of each agency and
formalize the relationships between the participating agencies.
In addition to operation assistance and voluntary cooperation agreements, the City also
executes user agreements to access intra-agency information and data-sharing networks,
generally known as Criminal Justice Information (CJI) systems operated and regulated by the
Florida Department of Law Enforcement.
Some of the cooperative agreements are often sensitive in nature as they involve criminal
intelligence information and are exempt under state law from public disclosure.
Attachments:
R24-119-_Federal_State_Local_Law_Enforcement_Agmts revised.docx
273
RESOLUTION NO. R24-1191
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE 4
AGREEMENTS WITH FEDERAL, STATE, AND OTHER LOCAL LAW 5
ENFORCEMENT AGENCIES AS NEEDED OR REQUIRED UPON REQUEST OF THE6
CHIEF OF POLICE FOR COMBINED OPERATION ASSISTANCE AND 7
VOLUNTARY COOPERATION; PROVIDING AN EFFECTIVE DATE; AND FOR ALL 8
OTHER PURPOSES. 9
10
WHEREAS, from time to time, the City enters into agreements with Federal, State, and 11
local law enforcement agencies, such as the Federal Bureau of Investigation, the Palm Beach 12
County Sheriffs’ Office, the Fifteenth Judicial Circuit State Attorney, and the United States 13
Department of Justice Drug Enforcement Administration, which provide for cooperation and 14
combined operation assistance between the agencies and the City of Boynton Beach Police 15
Department; and16
WHEREAS, the purpose of these agreements is to delineate the responsibilities of each 17
agency and formalize the relationships between the participating agencies; and 18
WHEREAS, in addition to operation assistance and voluntary cooperation agreements, the 19
City also executes user agreements to access intra-agency information and data-sharing networks, 20
generally known as Criminal Justice Information (CJI) systems operated and regulated by the 21
Florida Department of Law Enforcement; and 22
WHEREAS, some of the cooperative agreements are often sensitive in nature as they 23
involve criminal intelligence information and are exempt under state law from public disclosure; 24
and 25
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 26
the best interests of the citizens and residents of the City to authorize the City Manager, upon the 27
request of the Chief of Police, to execute agreements with Federal, State, and local law 28
enforcement agencies for combined operational assistance, voluntary cooperation and access,29
and use of intra-agency information and networks, provided that such agreements have been 30
approved by the Chief of Police and the City Attorney’s Office.31
32
33
274
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34
BEACH, FLORIDA, THAT:35
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 36
being true and correct and are hereby made a specific part of this Resolution upon adoption.37
SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 38
authorize the City Manager, upon the request of the Chief of Police, to execute agreements with 39
federal, state, and local law enforcement agencies for combined operational assistance, voluntary 40
cooperation, and access and use of intra-agency information and networks, provided that such 41
agreements have been approved by the Chief of Police and the City Attorney’s Office.42
SECTION 3.This Resolution shall take effect in accordance with law.43
PASSED AND ADOPTED this 21st day of May 2024.44
CITY OF BOYNTON BEACH, FLORIDA45
YES NO46
Mayor – Ty Penserga __________47
48
Vice Mayor – Aimee Kelley __________49
50
Commissioner – Angela Cruz __________51
52
Commissioner – Woodrow L. Hay __________53
54
Commissioner – Thomas Turkin __________55
56
VOTE ______57
ATTEST:58
59
___________________________________________________________60
Maylee De Jesús, MPA, MMC Ty Penserga61
City Clerk Mayor62
63
APPROVED AS TO FORM:64
(Corporate Seal)65
66
_______________________________67
Shawna G. Lamb68
City Attorney69
275
City of Boynton Beach
Agenda Item Request Form
6.I
Consent Agenda
05/21/2024
Meeting Date: 05/21/2024
Commission Meeting Minutes.
Requested Action: Approve minutes from the April 2nd, 2024, and May 7, 2024 Commission
Meetings.
Explanation of Request: The City Commission met on April 16, 2024 and May 7, 2024, and
minutes were prepared from the notes taken at the meetinga. 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:
04-16-2024 City Commission Minutes.docx
05-07-2024 City Commission Minutes.docx
276
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, April 16, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Aimee Kelley Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesús, City Clerk
Commissioner Woodrow L. Hay
Commissioner Thomas Turkin-ABSENT
1.Agenda Items
A.Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:00 P.M.
Roll Call
City Clerk Maylee De Jesús called the roll. A quorum was present.
Invocation by Pastor Bryce Hutson, Christ Fellowship Church.
The Invocation was given by Pastor Bryce Hutson.
Pledge of Allegiance to the Flag led by Mayor Penserga.
Mayor Penserga led the Pledge of Allegiance.
Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Hay added the Mental Health Awareness Proclamation to the agenda.
Mayor Penserga added a Legislative Break discuss under New Business. He requested
to remove the Beautification Plan from Future Agenda and add it to the next meeting. He
asked to add a discussion regarding sidewalk clean up to the next meeting as well. He
requested to add the following discussion topics to Future Agenda items: chemicals in the
water, and procurement policies and procedures.
Commissioner Cruz stated that there is a presentation today regarding local preferences,
and that the legal team is updating the entire procurement process.
City Manager Dugger confirmed that they have been working on the procurement process
in Finance.
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Commissioner Cruz said that she would like to table the local business presentation and
have a discussion at a later time. She stated that once we look at the procurement
process, she wants to have adequate time to review the large documents.
City Attorney Lamb stated that their goal is to codify just the procurement code.
Mayor Penserga added a request for the safety and security report to be sent to the
Commission. He also requested an update on the settlement funds on Town Square and
ARPA funding.
City Manager Dugger suggested combining the funding topics with Item 13F since they
are related.
City Manager Dugger asked if these two items can be combined into #13F.
Mayor Penserga said that he wants a more in-depth overview of the funding.
Commissioner Kelley asked for the deadline for ARPA funds.
Ms. Frederiksen stated that they have to be allocated by December 2024 and used by
December 2026.
Commissioner Hay stated that the homelessness mandate topic is on the agenda for
May 7th,and he wants to make sure that the new law is followed.
City Manager Dugger said that we have until October 2024 until the mandate takes
place.
Vice Mayor Kelley asked if a workshop date has been set yet for the strategic plan.
City Manager Dugger stated that he understood that they wanted to have public input,
make any changes and come back to the dais with changes.
Commissioner Cruz requested an update for the Golfview Harbor paving to be sent to
her.
City Manager Dugger stated that he will send an email update.
2. Adoption
Motion:
Vice Mayor Kelley moved to approve the agenda, as amended. Commissioner Cruz
seconded the motion. The motion passed unanimously.
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2.Other
A.Informational items by the Members of the City Commission.
Commissioner Cruz said that they attended the volunteer banquet and thanked staff and
said it was beautiful.
Commissioner Hay said that the went to the homeless banquet and it was a success and
well attended.
Mayor Penserga recognized a City Employee, Melanie Gayahpersad, for all that she does
in events.
City Manager Dugger stated that Melanie has helped out with a lot of things, and she
definitely is not a 9-5 employee.
3.Announcements, Community and Special Events and Presentations
A.Announcement- Senior Health Fair.
Mayor Penserga announced the Senior Health Fair.
B.Announcement- Mother's Day luncheon.
Mayor Penserga announced the Mother’s Day luncheon.
C.Announcement- the Adaptive Pickleball Clinic
Mayor Penserga announced the Adaptive Pickleball Clinic.
D.Proclamation- Child Abuse Prevention Month.
Mayor Penserga read the proclamation into the record.
Ms. Kemberly Bush, CEO for Pathways to Prosperity, Inc., and Hallie Balbuena, Site
Director for Bridges at Boynton Beach, accepted the proclamation.
Ms. Bush stated that they are honored to accept this proclamation. She spoke about the
schools that they are partnering with to bring attention to the problem with Child Abuse.
A short video was shown.
ADDED- Proclamation- Mental Health Awareness Month.
Commissioner Hay read the proclamation into the record.
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4
Gerda Klein, Boynton Beach Mental Health Committee, accepted the proclamation and
thanked them for their continued support. She read a history on "Get your Green on Day,"
which is on May 16. She spoke about a few other events that they will be having in May,
and training opportunities.
E.Legislative Update by Senator Lori Berman and Representative Joe Casello.
Senator Lori Berman spoke about the following: the Legislation was successful in passing
a balanced budget; 3 projects for Boynton Beach passed so far; Live Healthy bill;
preemption to take away home rule; vacation rental properties; homeless bill- April 29th
workshop at 9 AM at PBSC the PBC Homeless Task Force; and the renaming of State
Road A1A to Jimmy Buffet Highway.
She added that she is happy to represent the City.
Commissioner Cruz said that it is important for the residents to hear the updates from
Legislation and noted that we have no control over some things.
Vice Mayor Kelley agreed with Commissioner Cruz and said that she appreciates Senator
Berman for fighting for the cities, especially for Home Rule.
Senator Berman said that each municipality is unique, and we lose sight of that when we
start doing preemption.
Commissioner Hay thanked her for coming. He asked if other cities are pushing back on
the homeless bill, and if there is support anywhere.
Senator Berman said that there is support in Palm Beach County, which is why that
meeting is scheduled. She mentioned that Broward County has expressed concern. She
mentioned that the League of Cities is going to have to take charge with this issue. She
said arresting people experiencing homelessness is not the way to address this issue.
Mayor Penserga thanked Senator Berman for her hard work. He asked about the rationale
behind preemption of workers.
Senator Berman said that their argument should be the same for every builder, so that
they do not have to know what the individual rule is for each municipality. She stated that
it was disturbing to see that this legislation passed.
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
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of business coming before the City Commission)
Susan Oyer said that one EV charger out front is broken. She spoke about the Arts
Program, and its history with kinetic art. She stated that there is a downward spiral for the
Arts Program, and it needs to stop. She mentioned that she repeatedly advocated for the
hiring of a Public Arts Director, and that there needs to be more support for kinetic art.
Eric Pardy spoke about the Black Lives Matter flag as an organization that burns down
cities and attacks Police Officers, and brainwashes the kids in schools. He said that the
flag if offensive, and he cannot believe that there is still racism in today's day in age.
David Merker spoke about mental health being personal. He said that we need to come
together to make sure we have our health. He suggested that they need to constantly
promote mental health.
Cindy Falco De Corrado spoke about the LGBTQ flag on the road and promoting
pedophiles.
Harry Woodworth spoke about the strategic plan and getting it on the agenda before the
budget.
Janet Thompson asked why the City is trying to annex West Boynton and why is the water
going out west, because now the water quality is bad. She said that the Mayor is running
for County Commissioner, where the water is supposed to go out to. She said that they
serve the public and they need to remember that.
Mayor Penserga stated that is no one online and closed public comments.
5.Administrative
A.Proposed Resolution No. R24-078- Establishing an auditor selection committee,
appointing the members, and designating a member of the City Commission to
serve as the Committee Chair as required by section 218.391, Florida Statutes.
Ms. Frederiksen spoke about the Florida Statute that has been updated, and noted that
this would establish a committee.
Mayor Penserga asked about the commitment level.
Ms. Frederiksen spoke about the RFP going out in June or July, and what they would be
doing. She said it would take 1-2 meetings.
Motion:
Mayor Penserga nominated himself to the auditor selection committee and approve
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Resolution No. R24-078. Commissioner Hay seconded the motion. The motion passed
3-0, Commissioner Cruz was absent from the dais during voting.
B.Community Support Funds.
Motion:
Commissioner Cruz moved to approve the Community Support Funds from
Commissioner Cruz, as requested. Vice Mayor Kelley seconded the motion. The motion
passed unanimously.
6.Consent Agenda
A.Proposed Resolution No. R24-079- Declaring a .012-acre portion of the
property located at 3501 N. Congress Avenue surplus and approving and
authorizing the Mayor to sign a Warranty Deed conveying the right-of-way
corner clip for intersection improvements at Congress Avenue and Miner Road
within the City of Boynton Beach from the City to Palm Beach County.
B.Proposed Resolution No. R24-080- Approving an agreement with Plotbox,
Inc., for cemetery mapping and record keeping software in an amount not to
exceed $76,512.
C.Proposed Resolution No. R24-081- Approve and authorize the City Manager
to sign the Easement Agreement between 51 Hypoluxo, LLC, ("Grantor") and
the City of Boynton Beach ("Grantee") for construction, operational repair,
maintenance, and future replacement of a sanitary sewer lift station and
underground wastewater infrastructure.
D.Proposed Resolution No. R24-082- Approving Releases of Claim and
Indemnification Agreements totaling $200,000 in the matter of Devon Schulte,
Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a
minor v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for
Palm Beach County, Florida, Case No. 50-2023-CA-003474-XXXX-MB.
E.Proposed Resolution No. R24-083- Approving a Partial Release of Mortgage
for 104 East Gateway Boulevard, Boynton Beach, Florida 33435.
F.Approve renewal report for one-year extension for RFPs/RFQs/Bids and/or
Piggyback for the procurement services and/or commodities under $100,000
as described in the written report for April 16, 2024 - " Request for Extensions
and/or Piggybacks."
Motion:
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7
Commissioner Hay moved to approve the consent agenda. Commissioner Cruz
seconded the motion. The motion passed unanimously.
7.Consent Bids and Purchases over $100,000
A.Proposed Resolution No. R24-084- Approving a change order to purchase
order #240517 with Governmentjobs.com, Inc., increasing the total purchase
order to an amount not to exceed $172,000, for a human resources software
subscription.
B.Proposed Resolution No. R24-085- Approve and Authorize the City Manager
to execute a First Amendment and Consent to Assignment of Town Square /
City Facilities Maintenance Services Agreement in order to remove HVAC
maintenance and Electrical Systems Maintenance from the agreement and
assign the current Agreement with ABM Building Solutions, LLC, to AMB
Industry Groups, LLC, in accordance with Article 15 of the Agreement.
Commissioner Cruz requested to pull Item 7A.
Motion:
Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000,
as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously.
7A. Proposed Resolution No. R24-084- Approving a change order to purchase
order #240517 with Governmentjobs.com, Inc., increasing the total purchase
order to an amount not to exceed $172,000, for a human resources software
subscription.
Ms. Lynn Nazario, Human Resources Director, spoke about what they currently use for
an HR System and how this module would help out in the City. She said that we are
adding to the bill that they pay to NeoGov.
Commissioner Cruz said that this will add a lot of training and other items. She said that
she just wanted to congratulate staff.
Motion:
Commissioner Cruz moved to approve Resolution No. R24-084. Commissioner Hay
seconded the motion. The motion passed 3-0. Vice Mayor Kelley was absent from the
dais during voting.
8.Public Hearing
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8
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.
City Clerk De Jesús sworn in those intending to speak on Items 8A-8E.
Commissioner Hay said regarding Items 8A-D 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.
Mayor Penserga 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.
Vice Mayor Kelley said regarding Items 8A-D 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.
Commissioner Cruz said regarding Items 8A-D 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.
Clerk De Jesús read all item titles into the record.
A.Proposed Ordinance No. 24-007- Second Reading - An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Ordinance No.
89-38 by amending the future land use map of the City of Boynton Beach,
Florida, for an approximately .587 acre parcel of real property located at 2508
North Federal Highway, Boynton Beach, Florida, by changing the future land
use classification from local retail commercial (LRC) to high density residential
(HDR); declaring the proposed amendment to the future land use map to be
consistent with all other elements of the comprehensive plan of the City;
providing for severability, conflicts, and providing for an effective date.
Proposed Ordinance No. 24-008- Second Reading - An Ordinance of the City
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Commission of the City of Boynton Beach, Florida, amending Ordinance No.
02-013 to rezone an approximately .587 acre parcel of real property located
at 2508 North Federal Highway, Boynton Beach, Florida, from community
commercial (C-3) to infill planned unit development (IPUD); declaring the
proposed amendment to be consistent with the comprehensive plan of the
City; providing for severability, conflicts, and providing for an effective date.
Craig Pinder, Senior Planner, provided a quick overview of the items.
Mayor Penserga opened to Public Comment, there was none.
Motion:
Commissioner Cruz moved to approve Ordinance No. 24-007, on Second Reading. Vice
Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously.
Motion:
Commissioner Hay moved to approve Ordinance No. 24-008, on Second Reading.
Commissioner Cruz seconded the motion. In a roll call vote, the motion passed
unanimously.
B.Approve Development Order for a Community Design Appeal (CDPA
2024.02.16905) for Potter Townhomes of Part III, Chapter 4, Article III, Section
3.H. "Downspouts," requiring external downspouts to be enclosed within the
building structure.
Motion:
Commissioner Hay moved to approve CDPA 2024.02.16905. Commissioner Cruz
seconded the motion. The motion passed unanimously.
C.Approve Development Order for Variance 2024.02.16905 for Part III, Chapter
4, Article II, Section 4.B.3.c- Urban Landscape Buffer (Type 2), to grant a
variance of seven (7) feet from the required twelve (12) foot buffer, to allow for
a five (5) foot wide landscape buffer and the elimination of the requirement to
provide a six (6) foot high masonry wall for the Potter Townhomes project.
Motion:
Vice Mayor Kelley moved to approve Variance 2024.02.16905. Commissioner Cruz
seconded the motion. The motion passed unanimously.
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D.Approve Development Order for New Master Plan and New Site Plan (NMP,
NWSP-2023.06.12894) for Potter Townhomes to construct 8 townhome units,
amenities, and associated site improvements on a 0.587-acre site, located at
2508 N Federal Highway.
Motion:
Commissioner Hay moved to approve NMP, NWSP- 2023.06.12894. Vice Mayor Kelley
seconded the motion. The motion passed unanimously.
E.Proposed Ordinance No. 24-011- First Reading, An Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Chapter 3,
"Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(c)(7)(c)
"Fenestration Requirements" of the land development regulations, providing
for conflicts, severability, codification, and an effective date.
Commissioner Cruz said regarding Items 8E 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 Kelley said regarding Items 8E 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.
Mayor Penserga said regarding Items 8E 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 Hay said regarding Items 8E 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.
City Clerk De Jesús read the item into the record.
Ms. Amanda Radigan, Planning Department, spoke about the following: summary of
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amendments; Cultural District Overlay; Amended Requirements; diagram of buildings;
and conclusion.
Commissioner Kelley asked if this is just a cleanup in downtown.
Ms. Radigan said yes.
Mayor Penserga opened public comment.
Susan Oyer stated that there was a story in the news this week about birds dying because
of glazing on windows during migration. She asked for this to be postponed so that they
can do more research on this.
Mayor Penserga noted that this is first reading, so it will come back.
Motion:
Vice Mayor Kelley moved to approve Ordinance No 24-011, on First Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
9.City Manager’s Report- None
10.Unfinished Business
A.Consideration of proposed Unity Project Murals.
Craig Clark, Director of Arts and Culture, spoke about the history regarding the Unity
Project Mural Artist Final Proposal.
Kelley Armstead, Arts and Cultural Manager, spoke about the following: Unity Mural
Project walls; Art Advisory Board- requested changes; Craig McInnis updated mural;
Eduardo Mendieta Mural; and community comments. She stated that staff recommends
approval.
Mr. Clark stated that there were 12 Unity Project meetings and a few in regard to the
murals.
Commissioner Hay stated that he likes the idea of having the ordinances buried in the
picture. He said that he is glad to see us at this point, so that we can move forward.
Vice Mayor Kelley commented that she thinks that the artwork placement is great. She
thanked the artists for being flexible and embracing the City.
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Commissioner Cruz thanked staff for working on this, and she wanted to ask that the
hands of the middle child not be bigger than the other kids, because that was the feedback
from the community.
City Manager Dugger stated that there was a lot of work provided by the staff and he
appreciates all the hard work.
Mayor Penserga opened public comment. There was none.
Commissioner Hay commended Commissioner Cruz's observation of the hand size of in
the middle child and to make sure that it is the same size.
City Attorney Lamb suggested a comment from the artist.
Eduardo Mendieta, artist, explained why the child's hand looks like that and said that he
will try to adjust it without it looking weird.
Commissioner Cruz asked the artist to share the reference photograph with
Commissioner Hay.
Motion:
Commissioner Hay moved to approve the proposed Unity Project Murals, with a condition
of approval to adjust the size of the hands of the middle child. Commissioner Cruz
seconded the motion. The motion passed unanimously.
11.New Business
A.Discuss options for the Central Parcel of the Town Square Master Plan.
Ms. Radigan spoke about the following regarding the Town Square Central Parcel; phase
4 central parcel map; town square central parcel Boynton Town Square development site;
request for proposal (RFP) process; development options; option 1- sell the property;
apartment land sale comparable; hotel land sale comparable; option 2- land (ground)
lease; option 3- own, build, operate; option 4- hybrid; pros and cons; and town square
central parcel. She mentioned that waiting is also an option.
Mayor Penserga thanked her for the presentation, and said that this item is just
informational, and we are not making any decisions.
Commissioner Cruz commented that the timeline relative to the Town Square
construction is important. She mentioned that there were desires to have a hotel
downtown and that she would like to have it in this spot. She said that we should focus
on maintaining the land and proposed a protective covenant as hotel only, so that it can
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only be a hotel in the future. She stated that this is more of a long-term goal.
Ms. Radigan stated that they can do a market study regarding having a hotel there now.
She said that since the City is a landowner within the master plan, they can make a
stipulation on what can happen in that space.
Commissioner Cruz said that maintaining this as a City property will provide a good
opportunity to incentivize a developer to build a hotel.
Vice Mayor Kelley stated that they do not know the key factors because we do not have
answers to the things that may influence decision-making. She said that as much as she
wants to embrace the vision of a hotel, we do not know what the future will require for us.
She commented that we should continue to move forward with the other components,
and it will guide what we do with this parcel.
Commissioner Hay stated that parking is still a challenge, we have been talking about a
hotel, and he is not sure about us being landlords. He said that he likes the idea of
continuous revenue source and a hybrid approach.
B.Local Business Preference Overview Presentation
Ms. Kristeena Pinto, Purchasing, spoke about the following: Local Preference; 2024-
business within the city limits; and options for improvement and challenges.
Commissioner Cruz said that we have a great starting point, and we should continue to
work towards additional opportunities for local businesses. She wants to keep this on
Future Agenda Item so that they can make it part of the procurement policy.
C.Proposed Ordinance No. 24-009- First Reading, An Ordinance of the City of
Boynton Beach, Florida Amending Part II, Chapter 18, Article IV, "Pensions for
Firefighters" of the City Code of Ordinances; by Amending Sections 18-180.2
and 18-194 to create a 2.8% COLA for Firefighters who complete eight years
of drop participation to be funded with a 6% employee pick-up contribution
during drop participation; amending section 18-180.2 to delay the 2% cola for
disability retirees until five years following the date that would have been the
disability retiree's normal retirement date; and amending Section 18-182 to
lower the service-connected disability payment from 66 2/3% to 60% for
disability retirement after the effective date; providing for severability.
City Clerk De Jesús read the item into the record.
Georgio Salame, Local 1899 President, provided a brief overview of the changes. He
gave a history lesson on the Chapter and stated that they were able to receive revenue
from the state in regard to access tax. He further explained that the plan is 100% funded
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between the state tax money and the employees. He spoke about the disability that will
lower the liability on the City.
Vice Mayor Kelley asked for clarification about the funds.
Mr. Salame explained the change request and the increase in benefits.
Vice Mayor Kelley asked if the $175 is not in excess.
Mr. Salame said that in 2021 they were at a loss, but they have been putting money in
reserves, so there has been no cost from the City. He stated that the actuary noted that
they are expecting an increase each year.
Vice Mayor Kelley spoke about her concern.
Mr. Salame said that they are trying to be fiscally responsible so that they can continue
to fund this.
Commissioner Cruz said that her questions were answered.
Mayor Penserga opened public comment, there was none.
Motion:
Commissioner Cruz moved to approve Ordinance No 24-009, on First Reading. Vice
Mayor Kelley seconded the motion. In a roll call vote, the motion passed unanimously.
D.Proposed Ordinance No. 24-010- First Reading- An Ordinance of the City of
Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section
14.6 of the Code of Ordinances declaring purpose and intent, authorizing
placement and installation of a school zone speed detection system, providing
for implementation of general law by the City Manager and designation of local
hearing officer; making findings regarding relevant traffic data and evidence
warranting additional enforcement procedures and designating school zone
speed detection system locations, which constitute a heightened safety risk;
providing for conflicts, severability, codification, and an effective date.
City Clerk De Jesús read the item into the record.
Chief DeGiulio provided an overview on the House Bill 657, which allows the Police to
add cameras in school zones. He said that we have 9 school zones and that it would be
2 times a day, and this will help clear our resources.
Commissioner Hay asked what the violation fines might be.
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Chief DeGiulio said that the notice of violation would be $100, and he broke down where
the funds would be going.
Commissioner Hay asked what would happen if some violators were our own employees.
Chief DeGiulio said that the operator of the vehicle is responsible for the violation, unless
it is an emergency vehicle and it is justified.
Mayor Penserga asked if the hours of operation would be during school hours.
Chief DeGiulio said yes, and the cameras will always be recording because it is a live
view camera, but it will not do any enforcement.
Vice Mayor Kelley said that there are a lot of violations during school zones, and any way
that we can protect children and other people is great. She asked if there are points
against the driver.
Chief DeGiulio said that there are no points assessed.
Vice Mayor Kelley asked if there are any municipalities with the cameras in place.
Chief DeGiulio said that there are currently no cities operating them, but a few passed the
ordinance to have them installed.
Vice Mayor Kelley asked what the process would be, what the timeline is.
Chief DeGiulio said that the next step would be a selection of the vendor.
Commissioner Cruz applauded the Police for implementing this. She spoke about line
131 and asked for clarification.
City Attorney Lamb explained the two different parts.
Chief DeGiulio said that it does not have to be a sworn Police Officer.
City Attorney Lamb Shawna explained what line 131-133 means, regarding procurement
of different vendors for different parts of this.
Commissioner Cruz asked if this is circumventing the RFP process.
City Attorney Lamb said no and reviewed the different things that were spoken about.
Commissioner Cruz stated that she would like to make sure the City uses the correct
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process and would like to strike out line 131, to allow for an RFP process.
City Attorney Lamb stressed that they cannot subvert state law, and this allows them to
get multiple vendors, and the Commission would still need to approve any final
agreement. She spoke about lines 134 and 135, which require RFPs. She mentioned that
it might be best to open up an RFP with regard to all of the vendors at one time. She
spoke about the software being the same as the one used for Red Light Cameras.
Commissioner Cruz spoke about her concerns. She asked to amend lines 131-135.
Mayor Penserga asked if her attempt is to make sure that there is an RFP process.
Commissioner Cruz said yes and explained why, referencing the City of Plantation. She
stated that she would like a fair and transparent RFP process.
Mayor Penserga asked if the language in the document allows for an RFP process.
City Attorney Lamb stated that it allows for the City to competitively procure this, whether
the City does it or piggybacks on another entity. She said that she will follow what the
Commission would like, but she would caution limiting this.
Commissioner Cruz said that this does not satisfy her concern.
Mayor Penserga asked if the clarified amendment would prohibit other methods of
procurement.
City Attorney Lamb said that she is hearing that this MUST be an RFP.
Commissioner Cruz said correct, that we should provide for an opportunity for anyone to
be able to bid on this, and she further explained why.
Mayor Penserga said that he will second the motion Commissioner Cruz wants to make.
Vice Mayor Kelley said that she is hesitating because this is a law that we are putting in
place, and if we put this condition, not only are we incurring a cost to do the RFP, but we
are setting ourselves up for failure. She stated that we have tried to minimize staff time to
make the City more efficient, and we are doing ourselves a disservice by requiring going
to RFP every time. She mentioned that she does not support the change.
Mayor Penserga asked if we were to have an RFP, would that preclude our current
vendor.
City Attorney Lamb said no. She stated that a piggyback would have gone through an
RFP.
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Commissioner Cruz stated that as we are discussing this, we are creating a new program,
because it has never been done before. She further explained her concern.
Commissioner Hay stated that he does not see this being a huge new project and it is
something that does fall within our red-light camera company. He said that when there
are too many people doing similar tasks, there will be finger pointing. He mentioned that
it is worth avoiding any additional costs to the City, and that he does not support her
requested change at the point.
Commissioner Cruz asked to delete lines 131-134, and that when it is a new program,
that it goes through the RFP process. She reiterated her thoughts and position further to
Commissioner Hay.
Motion:
Commissioner Cruz moved to amend the ordinance to delete lines 131-134. Mayor
Penserga seconded the motion. The motion failed, 2-2, with Vice Mayor Kelley and
Commissioner Hay dissenting.
Motion:
Vice Mayor Kelley moved to approve Ordinance No 24-010, on First Reading, as
presented. Commissioner Hay seconded the motion. In a roll call vote, the motion passed
3-1, with Commissioner Cruz dissenting.
Mayor Penserga thanked everyone for being professional.
E. Discussion regarding Legislative Break
This item was added.
Mayor Penserga said that he will not be present for the first three weeks of June due to
attendance at a leadership program.
Vice Mayor Kelley said that the main focus was on July, but noted that she will not be
here for the first two meetings in June, so there might only be 3 people.
Mayor Penserga recommended cancelling the first meeting in June.
Mayor Penserga opened public comment, there was none.
Motion:
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Vice Mayor Kelley moved to cancel the June 4
th City Commission Meeting. Commissioner
Cruz seconded the motion. The motion passed unanimously.
12.Legal - None
13.Future Agenda Items
A.Discussion regarding existing regional programs and best practices to combat
homelessness in the City. -May 7, 2024
B.Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. - TBD
C.Discussion regarding combining City properties together to create senior
affordable housing . - TBD
D.Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.- TBD
E.Discussion regarding a waiver process and criteria for workforce housing
projects. -TBD
F.Discussion regarding infrastructure, specifically paving in the City. -TBD
G.Proposed Resolution No. R24-056- Adoption of the 2023-2028 Strategic Plan
for the City of Boynton Beach.
H.Discussion regarding Restrictive Covenant for Harvey Oyer Park –TBD
I.Overview and discussion regarding beautification plan. -TBD
14.Adjournment
Mayor Penserga said that he cannot say no to the Leadership program, and our budget
allows for conferences, but it might take up most of their budget. He asked the other
Commissioners to consider whether they may need to access the funding.
City Manager Dugger said they could find the funding to support Mayor Penserga’s
opportunity.
Commissioner Cruz supports the request.
Motion:
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Vice Mayor Kelley 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 8:51 P.M.
CITY OF BOYNTON BEACH
ATTEST:
_______________________________
Maylee De Jesús, MPA, MMC
City Clerk
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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, May 7, 2024, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Thomas Turkin Shawna Lamb, City Attorney
Commissioner Angela Cruz Maylee De Jesús, City Clerk
Commissioner Woodrow L. Hay
Commissioner Aimee Kelley
1.Agenda Items
A.Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:27 P.M.
Roll Call
City Clerk Maylee De Jesús called the roll. A quorum was present.
Invocation by Commissioner Woodrow Hay
Invocation was given by Commissioner Hay.
Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley.
The Pledge of Allegiance was led by Commissioner Hay.
Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Cruz stated that she would not be reading the National Day of Prayer
proclamation today and as was able to present it to the recipient prior to the meeting.
Vice Mayor Kelley asked to add a conversation about Sister Cities, particularly a
consideration of a city from Ireland, to future agenda.
Commissioner Hay requested to add a discussion about additional digital marquees in
the City to future agenda.
City Manager Dugger asked if this is in additional to what currently exists.
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Commissioner Hay confirmed and recommended four additional areas he would like to
see them located.
City Manager Dugger suggested South Congress as the fourth location.
Commissioner Turkin asked if staff could do a permitting presentation for seniors and
make the permits more accessible, so that the residents can understand that these fees
are not from us, but the contractors. He requested a mangrove presentation be added to
the future agenda. He said that he is concerned about the dry season and residents
getting cited for dry grass, and that he wants to make sure we are reasonable.
Assistant City Manager Temple stated that he has heard similar concerns, and he said
that they will discuss options with staff.
Mayor Penserga asked for clarification about the mangrove presentation.
Commissioner Turkin spoke about the conceptual presentation that he has seen.
Mayor Penserga said that he has a series of requests including: an update on the Arts in
Public Places Program; discussion on marquee entryway signs into the City; adding an
Adopt A Road Program to future agenda; discussion regarding a rapid rehousing
program; and a formalized tree planting program for our medians.
Vice Mayor Kelley stated that she has been working with Deputy City Manager Mack on
Lawrence Road and said that it would be nice to have trees on Hypoluxo Road.
Commissioner Hay stated that Omega Psi Phi Fraternity has adopted a street on MLK
Boulevard.
Mayor Penserga added that the Rally Boynton, a community lead organization, has
always started City cleanup.
Commissioner Cruz requested to add the following to future agenda: amendments to
code of ordinances regarding flooding in the community; and adding hazard pay for Code
Officers to the budget.
City Manager Dugger stated that hazard pay is likely set by City ordinance, and they
would have to change that.
Commissioner Turkin agreed with Commissioner Cruz on hazard pay.
2. Adoption
Motion:
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Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Kelley
seconded the motion. The motion passed unanimously.
2.Other
A.Informational items by the Members of the City Commission.
Commissioner Turkin shared his positive experience attending the Unity Project
event, emphasizing the remarkable turnout and expressing gratitude to all the staff
involved. He also highlighted the success of the fishing event, thanking the staff for
their contributions to its organization. He extended appreciation for the efforts of staff
in facilitating various town hall meetings, and specifically thanked Commissioner Hay
for his presence at these events.
Commissioner Hay expressed his gratitude for the opportunity to participate in both
Commissioner Turkin’s town hall meeting and the one for District 2, acknowledging
the City's involvement and presentation. He highlighted his attendance at the First
Friday event, noting its impressive turnout. He mentioned that he found the chili
contest particularly engaging and took a moment to extend congratulations to the
deserving winner.
Vice Mayor Kelley thanked staff for the Unity Project.
Commissioner Cruz gave a shout out to the Firefighters for the chili contest.
3.Announcements, Community and Special Events and Presentations
A.Proclamation- National Day of Prayer
The proclamation was not presented, as noted earlier by Commissioner Cruz.
B.Proclamation- Haitian Flag Day and Haitian Heritage Month.
Commissioner Hay read the proclamation into the record.
Marie Michele Sylvie Rameau thanked the City for the proclamation and for their
commitment to their community. She said that she looks forward to working together with
Boynton Beach.
Gabriella Favitta, Events Director, announced the Haitian Flag Day event that will be
taking place.
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C.Announcement - Pre-hurricane prep and vegetation amnesty week.
Mayor Penserga announced the pre-hurricane prep and vegetation amnesty week.
D.Palm Beach County Community Services Department Presentation.
Dr. James Green, Director Palm Beach County Community Services Department
presented the following: Community Services Department (Divisions and Programs);
Senior and Veteran Services Division; Behavioral Health and HIV Support Services
Division; Human Services and Community Action Division; Palm Beach County's Efforts
to End Homelessness; Melissa's Place Lake Village at the Glades; PIT Count-
Unsheltered vs Sheltered; PBC 2023 Point in time unsheltered count by zip code; PBC
Community Services- Geographic; PBC Community Services- Demographics for
applicants; Important number; and questions.
Mayor Penserga stated that they probably should have hosted a workshop instead. He
asked if Dr. Greene could stay and hear the next agenda item as well. He inquired if the
services stop at the end of the County limit and the beginning the City lines or continue
regardless of jurisdictions.
Dr. Greene replied that their services are within municipalities as well as unincorporated
Palm Beach County.
Commissioner Cruz commented regarding the mandates from Tallahassee because it is
concerning.
City Attorney Lamb explained what new legislation Commissioner Cruz is referring to,
which is designating areas and sites with clean services and security for the homeless
populations, under the County chapter.
Dr. Greene spoke about the municipalities working through the County to designate
areas.
Commissioner Cruz thanked Dr. Greene for his presentation, noting the challenges and
need for increased funding.
Vice Mayor Kelley asked City Manager Dugger whether we have a person from the
County on site throughout the week.
City Manager Dugger said yes.
Vice Mayor Kelley asked what the County is doing with the school district regarding
homeless children/families.
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Dr. Greene addressed the ongoing challenges stemming from the reduction of resources
post-COVID, highlighting the persistent need for support. He discussed the issue of
homelessness, citing the significant number of individuals receiving services from the
school—several hundred—contrasted with the nearly 5,000 students who meet the
school's qualification criteria. He emphasized the importance of the partnership with the
school district in addressing these pressing concerns.
Mayor Penserga commented about the rapid rehousing program, and wanted to make
sure that we are coordinating with the County to work together.
Commissioner Hay referenced the recently passed House Bill and asked whether it was
intended as a means of addressing the issue at hand.
Dr. Greene spoke about the efforts that they are coming up with, and they are expecting
a ruling on this issue in late June. He said that they are working with their partners on a
solution.
Commissioner Hay acknowledged the challenge of encouraging homeless individuals
with mental health issues to seek assistance and inquired whether this issue was also a
concern, in the context of the current situation.
Dr. Greene affirmed Commissioner Hay's observation and mentioned the existing
protocols that must be adhered to. He elaborated on the initiatives being pursued within
the County, highlighting the option for homeless individuals to receive assistance, not only
within shelters, but also out on the streets.
Commissioner Turkin said that he looks forward to working with the County, since he is
on the board with the County.
E.Hear presentation regarding existing regional programs and best practices to
combat homelessness in the City.
RJ Ramirez, Community Improvement Manager, spoke about the following regarding
Homeless Community in Boynton Beach Discussion as follows: Homeless classifications;
PBC- 2023 Point-in-Time Homeless Population- in Boynton there's 63 unsheltered, and
24 sheltered; existing regional programs; exploring additional assistance in the City; and
questions.
Mayor Penserga asked if the funding can now only be for first, last, and security deposits.
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Mr. Ramirez spoke about $10K funding awards and different housing costs. He spoke
about being able to be self-sufficient and the importance of the County wraparound
services. He spoke about not being able to help many individuals.
Commissioner Hay asked why one zip code homeless population went up.
Mr. Ramirez spoke about the CDC in that area and that homeless people usually go to
the areas where they can find some help.
Commissioner Hay asked how much SHIP funding can be used towards the homeless.
Mr. Ramirez spoke about what SHIP allows and how he is working with the County.
Commissioner Hay asked what the municipalities can do better to help our City and the
County.
Mr. Ramirez emphasized the critical need for resources and outlined a program available
through the County. He advocated for the establishment of a Homeless Outreach Team
(HOT team) that could provide assistance when issues arise with homeless individuals,
ensuring they receive the necessary support.
Commissioner Hay inquired about Boynton's standing in the County in terms of
percentages.
Mr. Ramirez responded by listing the municipalities with the highest populations,
providing context for Boynton's position relative to others in the County.
Dr. Greene said that he does not have the exact ranking, but we are not one of the top 5.
He spoke about what the City could do to help with housing the homeless.
Commissioner Hay said that people do not want these homeless developments to be
built.
Dr. Greene said that they are building the cottages where it will complement the area and
bring up the property values. He said that they are dispelling the myth that this type of
facility would bring down property values.
Vice Mayor Kelley said that she understands Mr. Ramirez’s frustration and asked what
the community services division do as a City, to make sure we have a partnership in
place, so that we can provide assistance.
Dr. Greene underscored the importance of partnerships with municipalities, highlighting
the ongoing provision of support. He discussed collaboration with local nonprofits already
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engaged in assisting the community. Additionally, he emphasized efforts to work with the
County to ensure affordable housing units are occupied by those in need, thus addressing
housing insecurity.
Vice Mayor Kelley expressed her enthusiasm for having a Homeless Outreach Team
(HOT team) available. She discussed collaborating with faith-based organizations to
provide assistance to the homeless population. She noted the absence of a daily food
service location in Boynton Beach, highlighting an area of need within the community.
Mayor Penserga stated that Delray Beach is doing a great job, and there are lessons to
be learned.
Commissioner Cruz said that she looks forward to a workshop.
F.Plan overview by Lyle Sumek Associates, Inc. of the draft 2023-2028 Strategic
Plan for the City of Boynton Beach.
City Attorney Lamb asked that the public comments for this item be included in public
audience.
Lyle Sumek spoke about the following: strategic plan model for City of Boynton Beach;
Boynton Beach Vision 2038; Boynton Beach Government Mission; and City of Boynton
Beach Goals 2028.
Commissioner Turkin stated that he initiated this discussion to gather additional public
input. He noted that the numerous actions have already been undertaken and advocated
for consolidating the plan. He highlighted engaging with residents on this matter and
suggested using their feedback to establish a realistic timeline for staff.
Commissioner Hay indicated his agreement with the discussion.
Vice Mayor Kelley emphasized the importance of clearly outlining execution in the plan.
She sought recommendations on what strategies have been effective and what has not
been effective, suggesting that the steps for execution be included in the presentation
slides.
Commissioner Cruz expressed support for an execution-focused approach and
suggested biannual updates with a monitoring component.
Mr. Sumek proposed developing an action plan and advocated for a swift update for final
adoption.
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Mayor Penserga inquired whether the process should proceed individually or as a
workshop.
Mr. Sumek suggested individual meetings, aiming for implementation by next month, and
outlined the process for bringing action steps back for approval.
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)
Mack McCray began by acknowledging the common challenges faced by cities, noting
Boynton Beach's stagnant progress despite the development of a strategic plan. He
referenced a recent shooting incident in District 2 and expressed gratitude to the Police
Department for increasing patrols in response. He addressed negative perceptions of the
sanitation department, citing residents' habit of immediately replenishing bulk items after
pickup. He also voiced concerns about residents feeling harassed by Code Enforcement,
recounting his own experience of being fined due to cone stops. He advocated for the
repaving of MLK Boulevard to address its current state of disrepair.
David Merker highlighted that May 12 to May 18 marks National Police Week, providing a
brief overview of its history. He urged for the acknowledgment and honoring of law
enforcement officers during this time.
Harry Woodworth expressed gratitude to the City for implementing the strategic plan, noting
Lyle's assistance with his inquiries. He suggested conducting a SWOT analysis for
thorough assessment, highlighting the absence of implementation details. He emphasized
that beautification, often overlooked, represents the easiest opportunity for enhancement.
Cindy Falco De Corrado raised concerns regarding her Freedom of Information Act (FOIA)
requests, stating that her report contained falsehoods. She recounted an incident of being
assaulted by the Police, describing it as a hate crime against her. She expressed frustration
over previous speaking time limitations imposed during her podium appearances and
alleged being subjected to physical abuse by the Board. She emphasized the withholding
of information from her as further evidence of mistreatment.
Katie Miller expressed her urgent need for assistance with the cemetery, describing its
current state as terrible. She emphasized the necessity of cleaning up the area due to its
unkempt appearance and overgrowth of weeds.
Barbara Ready addressed the Florida Department of Transportation's downsizing of
Boynton Beach Blvd., noting that it contradicts the findings of the City's mobility study. She
highlighted the recognition that the City has received through various awards and stressed
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the importance of public involvement in the implementation process.
Cameron Maharaj voiced concerns about infrastructure issues in his neighborhood,
particularly regarding road safety and incidents of road rage. He expressed fear for the
safety of children in the community and asked for increased support to address these
challenges and ensure the neighborhood's safety.
Ernest Mignoli shared feeling unsafe attending City Commission Meetings, comparing the
environment unfavorably to his experiences in a previously corrupt City. He claimed to have
developed reliable sources within the City and expressed concerns about its governance.
Commissioner Turkin shared a concerning incident involving Andy Troxwell, a resident and
Veteran, who experienced stray bullets coming dangerously close to his head. He
expressed gratitude to the Police for swiftly apprehending one of the individuals
responsible. He stressed the importance of increasing routine Police presence and
fostering partnerships with other agencies to enhance community safety. He expressed his
willingness to collaborate closely with the Police Department to address such issues
effectively.
5.Administrative
A.Advisory Board Appointments.
Motion:
Vice Mayor Kelley moved to approve Mark Cone as a Regular Member of the Art Advisory
Board. Commissioner Hay seconded the motion. The motion passed unanimously.
Motion:
Mayor Penserga moved to approve Thomas Ramiccio as a Regular Member of the CRA
Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Vice Mayor Kelley moved to approve Sandra Watson as a Regular Member of the Senior
Advisory Board. Commissioner Hay seconded the motion. The motion passed
unanimously.
B.Community Support Funds
Vice Mayor Kelley acknowledged Sheila Ross and her husband's involvement in the
SEAR Foundation, recognizing their contributions to the community.
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Sheila Ross expressed her appreciation for the opportunity to speak and focused on
highlighting the positives within the community, emphasizing the importance of building
upon those strengths. She also addressed the pressing need within the community to
support the homeless population.
Motion:
Vice Kelley moved to approve the Community Support Funds from herself. Commissioner
Hay seconded the motion. The motion passed unanimously.
C.Community Support Funds.
Motion:
Commissioner Hay moved to approve the Community Support Funds to Pathways to
Prosperity, from himself. Commissioner Turkin seconded the motion. The motion passed
unanimously.
6.Consent Agenda
A.Proposed Resolution No. R24-086- Approving and authorizing the Mayor to
sign a land use agreement between the City of Boynton Beach and 3301
Quantum Owner, LLC, for the 2024 Boynton Beach July 4th event on
Thursday, July 4, 2024.
B.Proposed Resolution No. R24-087- Approving the Piggyback Agreement with
SHI International Corp. for Cyber Security Cloud Protection Software,
Solutions, and Support services in an amount not to exceed $72,000 per year.
C.Proposed Resolution No. R24-088- Approve the purchase of two (2) 2024 Ford
Maverick Hybrid pick-up trucks, for an estimated total amount of $57,540, plus
a contingency of twenty-two percent (22%) for vehicle increases should these
vehicles no longer be available and new models being delivered, by utilizing
the pricing of Sourcewell Contract 2024 09152-NAF, and ratify $3,085 of
additional expenditures associated with purchase order #240473 for a 2023
Ford F-150 Truck.
D.Proposed Resolution No. R24-089- Approve an Amendment to the Community
Development Block Grant (CDBG) FY2022 and approve a transfer of
$86,002.80 from Park Impact Fee Fund (141) to be expended on (110) CDBG
Fund for field lighting improvements at Galaxy Park.
E.Proposed Resolution No. 24-090- Approve and Authorize the City Manager to
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execute the Interlocal Participation Agreement with National Purchasing
Cooperative for Fire Safety Gear equipment and approve the purchase of 47
sets of Fire Safety Gear Equipment.
F.Proposed Resolution No. R24-091- Authorizing the City Manager to apply for
the Safe Streets for All Grant offered by the Department of Transportation,
accept the grant, and execute all future documents associated with the grant
that do not increase the City's financial responsibilities, subject to the approval
of the City Attorney.
G.Proposed Resolution No. R24-092- Ratifying the City's application for the
Energy Efficiency and Conservation Block Grant offered by the Department of
Energy, and authorizing the City Manager to accept the grant, and execute all
future documents associated with the grant that do not increase the City's
financial obligations, subject to the approval of the City Attorney.
H.Proposed Resolution No. R24-093- Approve and authorize the Mayor to
execute the Second Amendment to the Lease Agreement between the City of
Boynton Beach and Lutheran Services Florida, Inc., extending the current
lease twelve (12) additional months until July 31, 2025.
I.Proposed Resolution No. R24-094- Approving and authorizing the City
Manager to sign Interlocal Agreements between the City of Boynton Beach
(City) and the Boynton Beach Community Redevelopment Agency (CRA) for
the use of CRA-owned property for City Events on an as-needed basis in a
form substantially similar to that attached as Exhibit A.
J.Proposed Resolution No. R24-095- correcting a scrivener's error on
Resolution No. R23-139 related to the increased appropriations in the Surtax
Capital Fund (303).
K.Proposed Resolution No. R24-096- Approving and authorizing the Mayor to
sign a land use agreement between the City of Boynton Beach and First
Baptist Church of Boynton Beach, for the 2024 Taste of Boynton Beach event
on Thursday, May 16, 2024.
L.Proposed Resolution No. R24-097- waiving a potential conflict of interest
relating to GrayRobinson's representation of Town of Gulf Stream in regards
to a bulk water agreement with the City of Boynton Beach.
M.Proposed Resolution No. R24-098- Ratifying an EV Charging Station
Agreement for Town Square North Parcel.
N.Proposed Resolution No. R24-099- Approving and authorizing the Mayor to
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sign the Easement and Maintenance Agreement (High Point Privacy Wall) with
High Point West Condo Association No. 2, Inc.
O.Commission Meeting Minutes.
Commissioner Hay pulled item 6D.
Motion:
Commissioner Turkin moved to approve the consent agenda, as amended.
Commissioner Cruz seconded the motion. The motion passed unanimously.
6D.Proposed Resolution No. R24-089- Approve an Amendment to the
Community Development Block Grant (CDBG) FY2022 and approve a transfer
of $86,002.80 from Park Impact Fee Fund (141) to be expended on (110)
CDBG Fund for field lighting improvements at Galaxy Park.
Mr. Ramirez addressed the Community Development Block Grant (CDBG), noting that
there were funds remaining from 2022, due to challenges faced by the organization
tasked with purchasing housing. He mentioned that there were leftover funds from
another program as well. He elaborated on the reasons behind the surplus and outlined
proposals for utilizing the remaining funds.
Commissioner Hay said that he wanted to highlight this and thanked Mr. Ramirez for
helping with these programs.
Motion:
Commissioner Hay moved to approve Resolution No. R24-089. Commissioner Turkin
seconded the motion. The motion passed 4-0 (Vice Mayor Kelley was absent from the
dais during voting).
7.Consent Bids and Purchases over $100,000
A.Approve the renewal and annual expenditure for the one-year extension for
RFPs/Bids and/or piggybacks for the procurement of services and/or
commodities over $100,000 as described in Exhibit A for May 7, 2024 -
"Request for Extensions and/or Piggybacks."
B.Proposed Resolution No. R24-100- Approve and Authorize the City Manager
to sign an agreement with Primestar Digital Network, Inc., to provide labor,
equipment, and management services related to the videography and live-
stream broadcasting of City Commission and CRA meetings and special
events with an estimated annual cost of $200,000. Proposed Resolution No.
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R24-101- Authorize the City Manager to sign an Interlocal Agreement between
the City of Boynton Beach and the Boynton Beach Community Redevelopment
Agency for Public Meeting Support Services.
C.Proposed Resolution No. R24-102- Approve Change Order No. 1 with
Johnson-Davis Inc., for Lift Station No. 317 Emergency Repair at 1527
Boynton Beach Boulevard, for the additional Bypass Pump services, and
increasing the payment amount, and Purchase Order, to an amount not to
exceed $555,060, and approve the increase for Bid # 019-2821-19/IT "Repairs
and Emergency Services for Water Distribution, Wastewater Collection and
Storm Water Utility Systems" from annual amount of $2,000,000 to
$4,000,000. Proposed Resolution No. R24-103- Approve the increase to
Purchase Order # 231636 in the amount of $390,413.62 for Clean Harbors
Environmental Services for Lift Station No. 356 Emergency Repair at
Intracoastal Waterway East Boynton Beach Boulevard, for Emergency Divers
needed to inspect the storm water pipe.
D.Proposed Resolution No. R24-104- Approve a change order increase due to
field conditions for resurfacing of Chapel Hill Blvd for PO 240458 with All
County Paving, Inc., for $16,566.75 for a total amount of $212,845.15.
E.Proposed Resolution No. R24-105- Approving the Second Amendment to
Task Order No. UT-2A-02 for additional Environmental Services from Jacobs
(formerly CH2M Hill Engineers) for the Generator Replacement project at the
East Water Treatment Plant, approving a purchase order increase of $47,612
for a new total Purchase Order total amount not to exceed $173,508, and
authorizing the City Manager to execute a limited term extension extending the
time for completion of this Task Order through and including December 31,
2024.
F.Proposed Resolution No. R24-106- Approve and authorize the City Manager
to sign an Amendment to the Amended and Restated Advanced Metering
Infrastructure (AMI) with Sensus USA for meter and equipment purchase and
labor services for installing water meters. The annual contract cost is
negotiated to be increased to $1,500,000. This amendment authorizes the City
Manager to sign any ancillary document necessary to implement the
amendment.
G.Proposed Resolution No. R24-107- Awarding Bid No. UTL24-019 for the East
Water Treatment Plant High Service Pumps 5 & 6 Improvement Project to
Florida Design Drilling, LLC, and approving the Construction Contract with
Florida Design Drilling, LLC, for an amount not to exceed $458,625.
H.Proposed Resolution No. R24-108- Approve Amendment No. 1 to the
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agreement with Mark43 to include data migration services from the legacy
Motorola PremierOne RMS and the licensing for the OnScene Mobile
application increasing the total contract from $2,051,217.99 to $2,293,717.99.
Motion:
Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Hay seconded the motion. The motion passed unanimously.
8.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.
A.Proposed Ordinance No. 24-009- Second Reading, An Ordinance of the City
of Boynton Beach, Florida Amending Part II, Chapter 18, Article IV(4),
"Pensions for Firefighters" of the City Code of Ordinances; by Amending
Sections 18-180.2 and 18-194 to create a 2.8% COLA for Firefighters who
complete eight years of drop participation to be funded with a 6% employee
pick-up contribution during drop participation; amending section 18-180.2 to
delay the 2% cola for disability retirees until five years following the date that
would have been the disability retiree's normal retirement date; and amending
Section 18-182 to lower the service-connected disability payment from 66
2/3% to 60% for disability retirement after the effective date; providing for
severability.
City Clerk De Jesús read the title into the record.
Georgio Salame, on behalf of Local 1891, spoke about an update to the ordinance.
Mayor Penserga opened to public comment. He closed public comment since no one
came forward to speak in person or online.
Motion:
Commissioner Cruz moved to approve Ordinance No 24-009, on Second Reading.
Commissioner Turkin seconded the motion. In a roll call vote, the motion passed
unanimously.
B.Proposed Ordinance No. 24-010- Second Reading- An Ordinance of the City
of Boynton Beach, Florida, amending Part II, Chapter 14, by creating Section
14.6 of the Code of Ordinances declaring purpose and intent, authorizing
placement and installation of a school zone speed detection system, providing
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for implementation of general law by the City Manager and designation of local
hearing officer; making findings regarding relevant traffic data and evidence
warranting additional enforcement procedures and designating school zone
speed detection system locations, which constitute a heightened safety risk;
providing for conflicts, severability, codification, and an effective date.
City Clerk De Jesús read the title into the record.
City Attorney Lamb noted that there were no changes, but a business impact statement
was added.
Commissioner Cruz said that we had a robust discussion last time and wanted to ensure
an RFP will go out.
Chief Joseph DeGiulio said that they should be completed by tomorrow and Procurement
will put it out soon.
Commissioner Turkin expressed appreciation to the Board for prioritizing the safety of
children. He emphasized the significance of the Request for Proposal (RFP) process and
stressed the importance of ensuring its completion. He advocated for a review of the red-
light camera program, suggesting the potential for revenue generation from both
initiatives.
Mayor Penserga asked about the procurement process and whether there is a code of
silence.
Mara Frederiksen, Director of Financial Services, described the Request for Proposal
(RFP) process, noting that during the period when it is issued and a decision is reached,
there is typically a code of silence.
Vice Mayor Kelley mentioned the speed data by school zone is scary. She asked about
fees for repeat offenders.
Chief DeGiulio described the program as a force multiplier, highlighting its role in raising
awareness in school zones and ensuring safety for all. He noted that repeat offenders
typically decrease by 50-70% within the first year of implementation. He emphasized the
importance of seeking voluntary compliance from drivers, to enhance overall
effectiveness.
Vice Mayor Kelley addressed the high accident rate in Freedom Shores, attributing it to
drivers exceeding the 20-mph speed limit by over 11 miles per hour. She highlighted the
prevalence of high-speed roads near many schools and emphasized the importance of
taking action to improve safety, viewing any effort to address the issue as a positive
outcome.
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Mayor Penserga opened to public comment. He closed public comment since no one
came forward to speak in person or online.
Motion:
Commissioner Turkin moved to approve Ordinance No 24-010, on Second Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
C.Proposed Ordinance No. 24-011- Second Reading, an Ordinance of the City
Commission of the City of Boynton Beach, Florida, amending Chapter 3,
"Zoning," Article III. "Zoning Districts and Overlay Zones," Section 8(C)(7)(c)
"Fenestration Requirements" of the Land Development Regulations, providing
for conflicts, severability, codification, and an effective date.
City Clerk De Jesús read the title into the record.
Jae Eun Kim, Principal Planner, briefly discussed the changes.
Mayor Penserga opened to public comment. He closed public comment since no one
came forward to speak in person or online.
Motion:
Vice Mayor Kelley moved to approve Ordinance No 24-011, on Second Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
9.City Manager’s Report- None
10.Unfinished Business
11.New Business
A.Update on the status of 2024 road resurfacing projects by the Construction
Services Division, presented by Kevin Ramsey, Interim Public Works Director.
Kevin Ramsey, Interim Public Works Director, spoke about the following: Boynton Lakes
Blvd. & SW 8th Street; Boynton Beach Boulevard extension & Meadows Boulevard Road
Resurfacing; Meadows Way Road and Chapel Hill; Cherry hills; and upcoming road
projects 2024.
Vice Mayor Kelley expressed gratitude to Mr. Ramsey for considering waiting until after
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school resumes.
Mr. Ramsey provided updates on the Golfview Harbor project plan and concluded his
presentation by outlining the projected project schedule.
Commissioner Cruz reiterated the residents' opposition to sidewalks, prompting her
request to review the map of proposed sidewalk locations at the next meeting. She
emphasized the importance of ensuring residents are well-informed and understand the
developments, also asking about communication efforts with residents regarding the
sidewalk plans.
City Manager Dugger recalled a meeting where residents expressed their disinterest in
having sidewalks.
Commissioner Cruz requested that maps of the sidewalks to be worked on be included.
Commissioner Turkin thanked Mr. Ramsey for his team's efforts, noting that the map may
be misleading and stressing the need to avoid misconceptions.
City Manager Dugger suggested postponing further discussion until the next meeting.
Motion:
Commissioner Cruz moved to table May 21. Commissioner Turkin seconded the motion.
The motion passed unanimously.
B.Overview and discussion regarding the draft beautification plan.
Motion:
Commissioner Turkin moved to table May 21. Commissioner Cruz seconded the motion.
The motion passed unanimously.
C.Discussion regarding sidewalk clean-up program
Motion:
Commissioner Cruz moved to table May 21. Commissioner Hay seconded the motion.
The motion passed unanimously.
12.Legal
13.Future Agenda Items
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A.Discussion regarding combining City properties together to create senior
affordable housing. - TBD
B.Discussion regarding the Art Assessment Fee being allocated to infrastructure
instead of public art. -TBD
C.Discussion regarding youth student attendance, at National League of Cities
Conference, sponsored by the City.-TBD
D.Discussion regarding a waiver process and criteria for workforce housing
projects. -TBD
E.Discussion regarding infrastructure, specifically paving in the City. - TBD
F.Discussion regarding Restrictive Covenant for Harvey Oyer Park -TBD
G.Discussion regarding Procurement Policies and Procedures, including local
business preference. -TBD
14.Adjournment
Mayor Penserga asked if anyone intended to use their education funds.
City Manager Dugger clarified that his trip is funded through the City Manager's fund.
Commissioner Hay said that they are installing their new pastor at St. John, and he would
like to invite everyone on Sunday, May 19 to say a few words.
Commissioner Turkin said that he's happy that the pressure washing in the City went
through.
Motion:
Commissioner 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 9:24 P.M.
CITY OF BOYNTON BEACH
ATTEST:
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19
_______________________________
Maylee De Jesús, MPA, MMC
City Clerk
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City of Boynton Beach
Agenda Item Request Form
7.A
Consent Bids and Purchases over $100,000
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-115- to Award and Approve Bid for Task Order No. LS-20-
2024 to Johnson-Davis, Inc., for utility construction services for Pumping Station #708
Rehabilitation Project, for an amount not to exceed $235,300, and increase the annual
estimated expenditure from $1,000,000 to $1,300,000.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-115.
Explanation of Request:
On August 6, 2019, the City Commission approved four (4) pre-qualified vendors to perform
minor utility-related projects valued at less than $300,000 (Three Hundred Thousand Dollars)
pursuant to RFQ No. 028- 2821-19/MFD “Pre-Qualification of Contractors for Minor Utility
Construction Services.” The four (4) pre-qualified vendors are: Johnson/Davis, Inc., Centerline
Utilities, Inc., Giannetti Contracting Corporation, and Florida Design Drilling Corporation.
An Invitation to Bid Task Order No. LS-20-2024 Pumping Station #708 Rehabilitation Project
Notice to Pre-Qualified Contractors was issued to the City's pre-qualified Contractors to submit
line-item pricing to remove and replace existing wet well discharge piping and apply wet well
sealcoating. Lift Station 708 collects sanitary sewer and re-pumps the sewer through force
mains leading to the South Central Regional Wastewater Treatment Plant. The work also
includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic,
removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as
required to complete the work.
The Utilities Department received two (2) bids for the work in which Johnson-Davis, Inc. was
the lowest bidder. City staff recommends awarding the bid for Task Order No. LS-20-2024 for
Lift Station 708 rehabilitation to Johnson-Davis, Inc., in an amount not to exceed $235,300.
VENDOR(S)TOTAL BID PRICE
Johnson-Davis, Inc.$235,300.00
Giannetti Contracting Corporation $240,025.00
How will this affect city programs or services? The rehabilitation will increase the pumping
315
station's efficiency and allow the collection system to perform optimally.
Fiscal Impact:
This is a budgeted item. The fiscal impact, as a result of this approval, is included in the
current and proposed Utility budget. Funds for this repair service are available from the
Utilities CIP FY23/24 R&R account 403-5000-535-65.04 Project SWR102.
Attachments:
R24-115 Agenda_Item_1511-2023_Resolution_for_Task_Order_No._LS-20-2024.docx
Johnson-Davis Inc- Quote.pdf
LS-20-2024 Pumping Station #708 Rehab Project -FINAL.pdf
Tabulation LS-20-2024 Pumping Station #708 Rehab Project.pdf
Addendum No. 1.pdf
Annual Estimated Expenditure and renewal
Renewal_Interest_Letter_-_Johnson-Davis_Inc_Utilities_2023-2024_Signed.pdf
Johnson-Davis Agmt for Mintor Utility Construction Services.pdf
316
RESOLUTION NO. R24-1151
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, AWARDING AND APPROVING BID FOR TASK ORDER 4
NO. LS-20-2024 FOR PUMPING STATION #708 REHABILITATION PROJECT 5
TO JOHNSON-DAVIS, INC., FOR AN AMOUNT NOT TO EXCEED $235,300;6
INCREASING THE ANNUAL ESTIMATED EXPENDITURE FROM $1,000,000 7
TO $1,300,000; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 8
PURPOSES. 9
10
WHEREAS,the City issued a Request for Qualifications (“RFQ”) No. 028-2821-19/MFD-11
Pre-Qualification of Contractors for Minor Utility Construction Services; and 12
WHEREAS,on January 30, 2020, the City and Johnson-Davis, Inc. (“Contractor”), entered 13
into a Minor Utility Construction Services Agreement (the “Agreement”) for RFQ No. 028-2821-14
19/MFD for Pre-Qualification of Contractors for Minor Utility Construction Services; and15
WHEREAS, an Invitation to Bid Task Order No. LS-20-2024 Pumping Station #708 16
Rehabilitation Project Notice to Pre-Qualified Contractors was issued to the City's pre-qualified 17
Contractors to submit line-item pricing to remove and replace existing wet well discharge piping 18
and apply wet well sealcoating. Lift Station 708 collects sanitary sewer and re-pumps the sewer 19
through force mains leading to the South Central Regional Wastewater Treatment Plant. The work 20
also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, 21
removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as 22
required to complete the work; and23
WHEREAS, there were two bids received for the work, for which Johnson-Davis, Inc., was 24
the lowest bidder; and 25
WHEREAS, the City selected Johnson-Davis Inc., for Task Order No. LS-20-2024 Pumping 26
Station #708 Rehabilitation Project; and27
WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 28
the best interests of the citizens and residents of the City of Boynton to approve and award the 29
bid for Task Order No. LS-20-2024 Pumping Station #708 Rehabilitation Project to Johnson-Davis 30
Inc., for an amount not to exceed of $235,300, and increase the annual estimated expenditure 31
from $1,000,000 to $1,300,000. 32
317
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33
BEACH, FLORIDA, THAT:34
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 35
being true and correct and are hereby made a specific part of this Resolution upon adoption 36
hereof. 37
SECTION 2.The City Commission hereby approves and awards the bid for Task Order 38
No. LS-20-2024 Pumping Station #708 Rehabilitation Project to Johnson-Davis Inc., for an amount 39
not to exceed of $235,300, and approves the increase of the annual estimated expenditure from 40
$1,000,000 to $1,300,000. 41
SECTION 3.This Resolution shall take effect as provided by law.42
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[signatures on following page]50
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PASSED AND ADOPTED this 21st day of May 2024.63
CITY OF BOYNTON BEACH, FLORIDA64
YES NO65
Mayor – Ty Penserga _____ _____66
67
Vice Mayor – Aimee Kelley _____ _____68
69
Commissioner – Angela Cruz _____ _____70
71
Commissioner – Woodrow L. Hay _____ _____72
73
Commissioner – Thomas Turkin _____ _____74
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VOTE ______76
ATTEST:77
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Maylee De Jesús, MPA, MMC Ty Penserga81
City Clerk Mayor82
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(Corporate Seal)86
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Shawna G. Lamb88
City Attorney89
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INVITATION TO RE-BID FOR
PRE-QUALIFIED CONTRACTORS FOR MINOR UTILITY
CONSTRUCTION SERVICES
RFQ 028-2821-19/MFD
PUMPING STATION #708 REHABILITATION PROJECT
TASK ORDER # LS-20-2024
MANDATORY PRE-BID CONFERENCE AND
SITE INSPECTION TO BE HELD:
MARCH 28, 2024, 10:00 A.M.
LOCATION:
CITY OF BOYNTON BEACH
UTILITIES ADMINISTRATION BUILDING
124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
BID CLOSING DATE: APRIL 12, 2024
BID CLOSING TIME: 2:30 P. M.
THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS:
APRIL 2, 2024 NO LATER THAN 2:30 P.M.
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Pumping Station #708 Rehabilitation Project – Minor Construction TOC
TABLE OF CONTENTS
PAGE #
Scope of Work ................................................................................................................. 3 – 4
Instructions to Bidders/ Standard Terms & Conditions ................................................................. 5 – 17
General Conditions for Construction ................................................................................ GC18 – GC64
Specifications & Technical Requirements ................................................................................. 65 – 144
Addenda ............................................................................................................................................ 146
Trench Safety Act Affidavit ................................................................................................................ 147
Certification Pursuant to Florida STATUTE § 287.135 ........................................................... 148 – 149
Anti-Kickback Affidavit ....................................................................................................................... 150
Non-Collusion Affidavit of Proposer ........................................................................................ 151 – 152
Safety Program Compliance ............................................................................................................. 153
Warranties ............................................................................................................................... 154 – 155
E- Verify Form ......................................................................................................................... 156 – 157
Schedule of Subcontractors .............................................................................................................. 158
Statement of No Bid .......................................................................................................................... 159
Bidder’s Site Inspection Confirmation ............................................................................................... 160
Attachment(s):
LS-20-2024 Pumping Station #708 – Bid Proposal Form
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.
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Pumping Station #708 Rehabilitation Project – Minor Construction 3
Finance/Procurement Services
100 E. Ocean Avenue
Boynton Beach, FL 33435
P.O. Box 310
Boynton Beach, FL 33425-0310
(561) 742-6310
The City of Boynton Beach
INVITATION TO BID
TASK ORDER # LS-20-2024
NOTICE TO PRE-QUALIFIED CONTRACTORS
SCOPE OF WORK:
The City of Boynton Beach is seeking services from the pre-qualified contractors as a result of the
Request for Qualifications No. 028-2821-19/MFD – PRE-QUALIFICATION OF CONTRACTORS FOR
MINOR UTILITY CONSTRUCTION SERVICES. Task Order No. LS-20-2024 – Pumping Station #708
Rehabilitation Project.
LOCATION OF PROJECT:
A. 3500 Sandpiper Drive, Boynton Beach, FL 33436
1. The lift station is located on the south side of Gateway Boulevard.
The work includes but is not limited to furnishing all labor, materials, equipment, and maintenance of traffic,
and bypass pumping to remove and replace pumping station piping and wet well sealcoating. The work
also includes the removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals
as required to complete the work. All work will be completed in accordance with the technical specifications.
A MANDATORY Pre-Bid Conference is scheduled for Thursday, March 28, 2024 at 10:00 A.M., to be
held at the Utilities Administration Building, 124 E. Woolbright Road, Boynton Beach, Florida 33435.
Attendance is mandatory and proof of attendance will be indicated by the Vendor’s signature or their
appointee on the attendance sheet provided at the Pre-Bid Meeting. Attendees shall visit the site
immediately following this meeting. The Utilities Department will provide an escort to the site. The Site
Inspection Visit Form as provided herein (page160) must be signed by a representative from the Utilities
Department and submitted with the Bid for the submittal to be considered “complete and acceptable”.
At the time of the opening of bids, each Vendor shall be presumed to have inspected the site and to have
read the contract and bid to be thoroughly familiar with the plans and Contract Documents (including all
Addenda). Failure or omission of any Vendor to examine any form, instrument or document shall in no way
relieve any Vendor from any obligation with respect to this bid.
Award will be made to the lowest, most responsive, responsible Vendor whose Bid is the most
advantageous to the City, price, and other factors considered. The City reserves the right to reject any and
all Bids and to waive technical errors as set forth in the proposal.
Any questions relative to any item(s) or portion(s) of this solicitation should be directed to Theresa
Gonzalez, Senior Buyer, (561) 742-6353, gonzalezt@bbfl.us with the office hours: MONDAY – FRIDAY,
8:00 A.M. to 5:00 P.M.
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ATTENTION, ALL INTERESTED BIDDERS:
All Bids shall remain open for the required number of days after the date of the Bid opening stated in the
special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days
after the Bid opening prior to award.
Bids may be modified by an appropriate document duly executed (in the same manner that the Bid must
be executed) and delivered to the place where the Bids are to be submitted at any time prior to the
solicitation closing date and time. The Vendor must present certification to assure that they are indeed an
authorized representative of the Vendor’s firm at the time modification to the Bid is presented.
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 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 City Commission or their staff, the
Manager, 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 Florida Statutes §119.07, 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) 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 Responses.
CITY OF BOYNTON BEACH
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Pumping Station #708 Rehabilitation Project – Minor Construction 5
PUMPING STATION #708 REHABILITATION PROJECT
Task Order No.: LS-20-2024
INSTRUCTIONS TO BIDDERS
These documents constitute the complete set of General Conditions and Specifications. All bid sheets and
attachments must be executed and submitted. By submitting a Bid, the Vendor agrees to all terms and
conditions specified herein. NO EXCEPTIONS TO THE TERMS AND CONDITIONS SHALL BE
ALLOWED. Submittal of a Bid in response to this Invitation to Bid constitutes an offer by the Vendor. Bids
that do not comply with these requirements may be rejected at the option of the City. The City reserves the
right to waive technical defects in any Bid. As used in this Invitation to Bid, the words Vendor, Proposer,
and Contractor may be used interchangeably, and when so used, deemed to mean Vendor.
In the event of a court challenge to an award by any Vendor, damages, if any, resulting from an improper
award will be limited to actual bid preparation costs incurred by the challenging Vendor. By submitting a
bid, the Vendor acknowledges this limitation on damages and recovery in the event of a protest or legal
action challenging the award of the bid.
1. FAMILIARITY WITH LAWS: The Vendor 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 Vendor will in no way
relieve Vendor of responsibility to adhere to such regulations.
2. BID FORMS: The Vendor will submit a Bid on the Bid forms provided. The Vendor must state the price
and the time of delivery for which they propose to deliver the equipment or service requested. The
Vendor 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 who has
the legal ability to bind the Vendor to contractual obligations. Bid must be typed or legibly printed in ink.
Use of erasable ink is not permitted. All corrections made by Vendor to any part of the bid document
must be initialed in ink.
4. BID DEADLINE: It is the Vendor’s responsibility to ensure that the Bid is submitted by or at the proper
time and date prior to the Bid deadline. Late Submittal Responses are not permitted.
5. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions,
Vendor must satisfy itself by personal and thorough examination of the location of the proposed Work:
Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the
Work to be done. Following such examination, Vendor shall not at any time after the submission of a
Bid, dispute or complain of such estimate the nature of the amount of Work to be done.
By submission of its Bid, Vendor certifies and affirms that it has at its own expense conducted any
additional examinations, investigations, explorations, tests, and studies; and obtained any additional
information and data which pertains to the physical conditions (surface, subsurface, and Underground
utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or
performance of the Work and which Vendor deems necessary to determine its Bid price. In addition,
the Vendor further affirms that they have familiarized themselves with other terms and conditions of the
Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against
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the City or the Vendor if while carrying out the Work, Vendor finds that the actual conditions do not
conform to the indicated. Vendor shall bear the cost of modifying the Project to accommodate such
conditions. On request, the City will provide Vendor access to the site to conduct such investigations
and tests, as Vendor deems necessary for submission of its Bid. Vendor shall schedule such access in
advance with the City.
Upon completion of such additional field investigations and tests, Vendor shall completely restore any
and all disturbed areas at the Vendors expense.
6. WITHDRAWAL OF BIDS: All Bids shall be irrevocable unless the Bid is withdrawn as provided herein.
All Bids may be withdrawn only by written communication delivered to the Procurement Services
Division prior to the solicitation closing date and time. The Vendor must present certification to assure
that they are an authorized representative of the Vendor’s firm at the time such communication to
withdraw the Bid is presented. A City representative shall verify this information prior to return of the
Bid.
However, if within twenty-four (24) hours after Bids are opened, any Vendor files a duly signed written
notice with the City and promptly thereafter provides detailed information to substantiate to the City that
there was a material and substantial mistake in the preparation of its Bid, Vendor may withdraw its Bid
and the Bid Security will be returned. The Vendor must present certification to assure that the Vendor
is an authorized representative of the Vendor’s firm at the time such communication to withdraw the
Bid is presented. A City representative shall verify this information prior to the return of the Bid and Bid
Security. Thereafter, that Vendor will be disqualified from further bidding on the Work to be provided
under the Bid Documents.
7. 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.
8. 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 Vendor 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;
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.
9. 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;
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10. 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 Vendors. Automatic
disqualifiers are as follows:
A. Not including an executed Vendor 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.
11. DIRECT 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.
12. INFORMATION AND DESCRIPTIVE LITERATURE: Vendors must furnish all information requested in
the spaces provided on the bid form. Further, as may be specified elsewhere, each Vendor must submit
for bid evaluation cuts, sketches, and 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. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Vendor. Within ten
(10) calendar days after issuance of the award letter, the successful Vendor shall sign and deliver the
Contract with the required bonds and insurance certificates 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.
14. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Vendor. Upon
acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase
order(s) and/or contract for any supplies, equipment, and/or services as a result of this Bid. The
Invitation to Bid and the corresponding purchase order(s) and contract shall constitute the complete
agreement between the successful Vendor and the CITY. Unless otherwise stipulated in the Bid
documents or agreed to in writing by both parties, no other contract documents shall be issued or
accepted.
15. INTERPRETATIONS: If the Vendor should be in doubt as to the meaning of any of the Bid documents,
or is of the opinion that the plans and/or specifications contain errors, contradictions, or reflect
omissions; Vendor shall submit a written request to the Purchasing representative identified in the Bid
document at the email address provided two (2) days prior to the Bid deadline. Inquiries must reference
the date by which the Bid is to be received.
16. 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.
17. SUBCONTRACTING: If a Vendor subcontracts any portion of a Contract for any reason, the Vendor
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 Vendor, who, in
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 Vendor 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.
18. 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 Bid Specification shall minimally meet the following
conditions to be considered as a valid payment request. If progress payments are applied for, all
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invoicing and payments shall be as stipulated under the Special Conditions section titled
“Progress Payments”.
All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule
of Values shall also contain a percentage breakdown of the supplies and services completed for which
payment is requested in comparison to the total contract.
All invoices submitted shall consist of an original and one (1) copy and:
• Contain the Bidder’s Federal Employer Identification Number.
• Clearly reference the subject Contract or Purchase Order number;
• Provide sufficient salient description to identify the goods or services for which payment is
requested;
• Must be an original or legible copy of a signed delivery receipt including both manual signature
and printed name of a designated CITY employee or authorized agent; be clearly marked as
“partial”, “complete”, or “final” invoice. The CITY shall accept partial deliveries.
Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and
delivery elements as stipulated in the Contract document. The CITY’s term of payment, unless
otherwise stated in the Contract or Purchase Order documents is “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 Vendor shall resubmit a corrected invoice to the
CITY for processing.
19. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the
meaning of the Contract documents. The City reserves the right to amend this Bid prior to Bid opening.
Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral
interpretations given by any City employee or its representative.
20. 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”.
21. 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 vendor’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 vendor’s name, manufacturer’s brand name and number, and item reference.
22. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of
the evaluation process in determining the award of the Vendor. 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.
23. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected.
24. 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 Vendor’s proposal on a separate sheet marked “EXCEPTIONS TO THE
SPECIFICATIONS” and this sheet shall be attached to the bid. The use of the Vendor’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. Any exceptions not noted in Vendor’s proposal
shall be deemed waived.
25. ALTERNATES: Where a base bid is provided for, the Vendor shall submit a bid on the base bid and
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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.
26. 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
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 Vendor 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.
27. 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.
28. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Vendor offers
and agrees that if the bid is accepted, the Vendor 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 Vendor.
29. 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 Vendor 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.
30. 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.
31. 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”.
32. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this Bid, the
Vendor certifies that the 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
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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.
33. 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 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, and removal from the vendor list(s), and/
or debarment or suspension from doing business with the City.
Each Vendor shall complete the Non-Collusion Affidavit Form and shall submit the form with their
Proposal. The City considers the failure of the Vendor to submit this document to be a major irregularity
and may be cause for rejection of the Proposal.
34. TRADE SECRET: Any language contained in the Vendor’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 Vendor submits any documents or other
information to the City which the Vendor claims are Trade Secret information and exempt from Florida
Statutes Chapter 119.07 (Public Records Laws), the Vendor shall clearly designate that it is a Trade
Secret and that it is asserting that the document or information is exempt. The Vendor must specifically
identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter
of whether any information contained in the Vendor’s Proposal constitutes a Trade Secret. The City’s
determination of whether an exemption applies shall be final, and the Vendor 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.
35. ANTI-KICKBACK AFFIDAVIT: Each Vendor shall complete the Anti-Kickback Affidavit Form and shall
submit this form with their Proposal. The City considers the failure of the Vendor to submit this
document to be a major irregularity and may be cause for rejection of the Proposal.
36. 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 Vendor shall complete the Confirmation of
Minority-Owned Business Form and shall submit the form with its Bid/Proposal.
37. ADVERTISING: In submitting a bid, the Vendor 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”.
38. 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.
39. INDEMNIFICATION: The selected Vendor(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
this Contract. Further, the selected Vendor(s) shall indemnify, save harmless and undertake the
defense of the City, its City Commissioners, agents, and employees from and against any and all
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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 Vendor’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, including through the conclusion of any appeals, and from and agains t
any orders or judgments which may be entered therein. The extent of Vendor’s indemnification shall be
limited to one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per
occurrence, whichever is greater. The City shall notify the Vendor within ten (10) days of receipt by the
City of any claim, suit, or action against the City arising directly or indirectly from the operations of the
Vendor hereunder, for which the City may be entitled to a claim or indemnity against the Vendor, under
the provisions of this Contract. Vendor shall have the right to control the defense of any such claim suit
or actions. The Vendor 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 Vendor’s breach of any of the
provision of the contract. Vendor shall not be responsible for negligent acts of the City or its employees.
The bid proposal amount shall include in its price, the sum of $25.00 in consideration for the
indemnification provision, as referenced in Section 6.16 of the General Conditions.
40. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Vendor is awarded a
contract as a result of this Bid, Vendor will, if Vendor 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.
41. 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 Vendor whose bid represents the most advantageous bid to the City, price, and other
factors considered. Evaluation of bids will be made based upon 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 Vendor, damages, if any, resulting
from an award shall be limited to actual bid preparation costs incurred by the challenging Vendor. In no
case will the award be made until all necessary investigations have been made into the responsibility
of the Vendor and the City is satisfied that the most responsive, responsible Vendor is qualified to do
the work and has the necessary organization, capital, and equipment to carry out the required work
within the time specified.
42. AS SPECIFIED: A Purchase Order will be issued to the successful Vendor 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.
43. 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 Vendor’s invoice payment terms must be shown.
44. 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.
45. 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.
46. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and
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equipment, shall be guaranteed by the Vendor to be free of defective parts and workmanship. This
warranty shall be for a period of 365 days or the time designated in the standard factory warrant y,
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 Vendor will provide a
delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement
Services.
47. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling,
shipping charges, and delivery to the destination shown herein. Vendor 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 Vendor shall be withheld until a visual inspection is
made by the CITY’S DESIGNEE and merits of performance evaluated. This total acceptance will be
done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any
equipment/service has to be rejected for any reason, the Vendor 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 Vendor unless such loss or
damages have been proven to be the result of negligence by the City.
48. TIME OF DELIVERY: The Vendor shall state in the bid the time of delivery of the equipment. Time is
of importance to the City and the Vendor is hereby notified that the date of delivery will be considered
as a factor in the evaluation of the bids.
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. 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.
50. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Vendor certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Vendor further certifies that if
awarded as the successful Vendor, 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
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the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne
by the Vendor.
Vendor certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State
safety regulations and requirements.
51. 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 Vendor and its subcontractors and lower-tier subcontractors.
The Vendor understands and agrees that in addition to all other remedies and consequences provided
by law, the failure of the Vendor 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.
52. 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
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’S OFFICE
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
53. E-VERIFY: Vendor is aware of and complies with the requirements of Section 448.095, Florida Statues,
as may be amended from time to time and briefly described herein below.
1) Definitions for this Section:
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“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a
public employer to provide labor, supplies, or services to such employer in exchange for salary, wages,
or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant.
“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor
or another subcontractor in exchange for salary, wages, or other remuneration.
“E-Verify system” means an Internet-based system operated by the United States Department of
Homeland Security that allows participating employers to electronically verify the employment eligibility
of newly hired employees.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register
with and use the E-Verify System in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-
Verify System to verify the employment eligibility of:
a. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract; and
b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to
perform work pursuant to the contract with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security’s E-Verify System during the term of the contract is a condition of the contract with the
City of Boynton Beach; and
c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting that
the subcontractor does not employ, contract with, or subcontract with, an 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.
54. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN
GOVERNMENT CONTRACTING -- F.S. 287.05701: 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.
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. 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.
57. 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,
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is to be made to the Vendor 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 Vendor 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 Vendor being found ineligible for the local business preference for this
solicitation.
Failure of the Vendor to comply with the provisions set forth in this General Condition shall constitute a
Default and Breach of the Agreement with the City.
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 submission of a Bid, the interpretation or enforcement of the
agreement/contract, or 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. 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 Bid and any resulting 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.
61. 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
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.
62. 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.
63. INSURANCE REQUIREMENTS: Bidder 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 bidder 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 2 working days after request). Failure to maintain the required insurance shall be
considered a default of agreement/contract.
64. 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.
65. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and State Taxes.
66. 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.
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67. 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.
68. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales
promotions occur during the term of the agreement/contract that lower 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.
69. 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.
70. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner or form.
71. 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.
72. DRUG-FREE W ORKPLACE: The Vendor shall implement and maintain a drug-free workplace program
of at least the following items:
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.
73. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing
Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager, via hand delivery,
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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.
74. 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.
75. 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 fourteen
(14) 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 on the date given in the
notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding
orders and/or subcontracts related to the terminated work.
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TOC – 18 GENERAL CONDITIONS
GENERAL CONDITIONS FOR CONSTRUCTION
TABLE OF CONTENTS
Article No. TITLE
COVER
TABLE OF CONTENTS
1. DEFINITIONS
2. PRELIMINARY MATTERS
2.1 Delivery of Bonds and Insurance
Certificates
2.2 Copies of Documents
2.3 Notice to Proceed
2.4 Starting the Work
2.5 Pre-Construction Conference
2.6 Site Mobilization Meeting
2.7 Progress Meeting
2.8 Pre-Installation Meeting
2.9 Finalizing Scheduling
2.10 Submittals
3. CONTRACT DOCUMENTS
3.1 Intent
3.2 References to Standards
3.3 Review of Contract Documents
3.4 Order of Preference
3.5 Amending Contract Documents
3.6 Reuse of Documents
4. SITE OF WORK
4.1 Availability of Lands
4.2 Reports of Physical Conditions
4.3 Physical Conditions – Underground
Facilities
4.4 Differing Site Conditions
4.5 Reference Points
5. BONDS AND INSURANCE
5.1 Bonds
5.2 Insurance
6. CONTRACTOR’S RESPONSIBILITIES
6.1 Contractor Status
6.2 Contractor Risk
6.3 Supervision and Superintendence
6.4 Labor, Material and Equipment
6.5 Concerning Subcontractors
6.6 Patent, Fees and Royalties
6.7 Permits, Laws and Regulations
6.8 Taxes
6.9 Record Documents/Right to Audit
6.10 Safety, Protection and Emergencies
6.11 Shop Drawings and Samples
6.12 Site Clean-up
6.13 Public Convenience and Safety
6.14 Sanitary Provisions
6.15 Indemnification
6.16 Claims
Article
No.
TITLE
6.17 Responsibility for Connecting to Existing
Work
6.18 Work in Street, Highway or Other Rights-
of-Way
6.19 Cooperation with Governmental
Departments, Public Utilities, Etc.
6.20 Use of Premises
6.21 Protection of Existing Property
Improvements
6.22 Temporary Heat
6.23 Schedule
6.24 Continuing the Work
6.25 Contractor’s General Warranty and
Guarantee
6.26 Deletion/Oversight/Misstatement
6.27 Exceptions to Specifications
6.28 Silence of Specifications
6.29 Quality
6.30 Conditions of Materials
6.31 Disposal
6.32 Occupational Safety and Health
6.33 O.S.H.A.
6.34 Conditions and Packaging
6.35 Underwriters Laboratories
6.36 Asbestos
6.37 Closeout Submittals
6.38 Temporary Barriers and Enclosures
6.39 Environmental Controls
6.40 Security Procedures
6.41 Product Substitution Procedures
6.42 Field Samples
7. OTHER WORK
7.1 Related Work on Site
7.2 Coordination
8. CITY’S RESPONSIBILITIES
8.1 Communications
8.2 Furnish Data
8.3 Payments
8.4 Lands, Easements, and Surveys
8.5 Change Orders
8.6 Suspension of WORK
8.7 Estimated Dollar Value
8.8 Quantities
8.9 Additional Terms and Conditions
9. CONSULTANT’S STATUS DURING
CONSTRUCTION
9.1 CITY’S Representative
9.2 Visits to Site
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TOC – 19 GENERAL CONDITIONS
9.3 Project Representation
9.4 Clarifications and Interpretations
Article
No.
TITLE
9.5 Measurements
9.6 Rejecting Defective Work
9.7 Shop Drawings, Change Orders, and
Payments
9.8 Determination for Unit Prices
9.9 Decisions on Disputes
9.10 Inspections and Testing
9.11 Limitations on CONSULTANT
10. CHANGES IN WORK
10.1 Authorized Changes
10.2 Unauthorized Changes
10.3 Execution of Field Change Order/Change
Order
11. CHANGE OF CONTRACT PRICE
11.1 General
11.2 Cost of the WORK
11.3 Contractor’s Fee
11.4 Cash Allowances
11.5 Unit Price WORK
11.6 Omitted WORK
12. CHANGE OF CONTRACT TIME
12.1 General
12.2 Liquidated Damages
12.3 Reimbursement of Consultant Expenses
13. TEST AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 Notice of Defects
13.2 Access to WORK
13.3 Tests and Inspections
13.4 Uncovering WORK
13.5 CITY May Stop the WORK
13.6 Correction or Removal of Defective
WORK
13.7 One Year Correction Period
13.8 Acceptance of Defective WORK
13.9 CITY May Correct Defective WORK
14. PAYMENTS TO CONTRACTOR AND
COMPLETION
14.1 Schedule of Values
14.2 Unit Price Bid Schedule
14.3 Application for Progress Payments
14.4 Contractor’s Warranty of Title
14.5 Review of Applications for Progress
Payment
14.6 Substantial Completion
14.7 Partial Utilization
14.8 Final Inspection
14.9 Final Application for Payment
14.10 Final Payment for Acceptance
14.11 Waiver of Claims
14.12 Punchlist Procedures
14.13 Retainage Procedures
Article No. TITLE
15. SUSPENSION OF WORK AND
TERMINATION
15.1 CITY May Suspend WORK
15.2 CITY May Terminate for Cause
15.3 CITY May Terminate Without Cause
15.4 Removal of Equipment
15.5 Contractor May Stop WORK or
Terminate
16. DISPUTE RESOLUTION
16.1 Good Faith Effort
16.2 Mediation
17. MISCELLANEOUS
17.1 Giving Notice
17.2 Computation of Time
17.3 Notice of Claims
17.4 Cumulative Remedies
17.5 Accident and Prevention
17.6 Florida Products and Labor
17.7 Employees
17.8 Non-Discrimination
17.9 Drug-Free Workplace
17.10 Public Entity Crimes
17.11 Assignment
17.12 Venue
17.13 Funding Out
17.14 CITY’S Purchasing Card
17.15 Debarment
17.16 Requirements for Personnel Entering
CITY’S property
17.17 Product Recall
17.18 Rights to Bid Documents
17.19 Severability
17.20 Verification of Employment Status
17.21 Abbreviations and Symbols
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TOC – 20 GENERAL CONDITIONS
ARTICLE 1 – DEFINITIONS ___________________________________
Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
1.1 Acceptance: Written Acknowledgement by the CITY’s Project Manager that the Work is fully complete in accordance with the Contract Documents.
1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract.
1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which
is to be accompanied by such supporting documentation as is required by the Contract Documents.
1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder
with the conditions precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract.
1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work.
1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY.
1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids).
1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with
the Contract Documents and in accordance with the law of the State of Florida.
1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical
conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 “Clarifications and Interpretations” or orders minor changes in the Work in accordance with para. 10.1 “Authorized Changes in the Work”.
1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the
CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER.
1.11 CITY’s Representative: The person or persons designated by the CITY’s Project Manager. The CITY’s Project Manager may include the
CONSULTANT.
1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY’s authorized agent within the scope of
work entrusted to them at the CITY.
1.13 Consultant’s Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished
by the CONTRACTOR.
1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement.
1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by
and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project.
1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda,
CONTRACTOR’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions,
and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change
Orders (change orders as a result of Field changes), and CONSULTANT’s written interpretations and clarifications issued on or after the Effective Date
of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only
printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the
like that may be furnished by CITY to CONTRACTOR are not Contract Documents.
1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document.
1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work.
1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to
perform work to complete the project that is the subject of the Bid.
1.20 DAY: A calendar day of 24 hours measured from midnight to the next midnight.
1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT’s recommendation of final payment.
1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope
of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph.
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TOC – 21 GENERAL CONDITIONS
1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract.
1.24 Field Order: A written order issued by the CITY’s Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The
Field Order shall not impact Contract Price or Contract Time.
1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions.
1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body
authorized to issue such Laws and Regulations, either federal, state or local.
1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project.
1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the
Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed.
1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial
Completion for all the Work.
1.30 Project: The total construction of which the Work to be provided under the Contract Documents.
1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof.
1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable assurance
of good faith and performance.
1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements
contained within the solicitation.
1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a
Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the
Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives
to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the
Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents, and shall not relieve the
CONTRACTOR from complying with any portion of the Contract Documents.
1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special
Conditions take precedence over the General Conditions.
1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems,
standards or workmanship as applied to the Work and certain administrative details applicable thereto.
1.37 Sub-Bidder: One who submits a Bid to a Bidder.
1.38 Sub-Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the
performance of a part of the Work at the Site.
1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes
§ 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other definition:
a. “Substantial Completion” is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has
achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the
completion of all specified systems and items relating to life safety and regulatory use; with the exception of incidental or incomplete items where
a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special
Conditions.
c. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire
Project.
1.40 Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY’s evaluation as hereinafter
provided) makes an award.
1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions.
1.42 Supplier: A manufacturer, fabricator, supplier, distributor, material man, or vendor.
1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable
performance of the Work.
1.44 Unbalanced Bids:
a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a
reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs.
b. Materially Unbalanced Bid: a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced
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TOC – 22 GENERAL CONDITIONS
bid will result in the lowest ultimate cost to the CITY; or which is so mathematically unbalanced as to result in an advanced payment.
1.45 Unit Price Work: Work to be paid for on the basis of unit prices.
1.46 Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases,
steam, liquid petroleum, telephone, or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or
other control systems.
1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the
successful Bidder/ CONTRACTOR under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnished
thereof.
1.48 Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the
Contract.
ARTICLE 2 – PRELIMINARY MATTERS
_______________________________________
2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES:
2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR
may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY
prior to any work being performed.
2.2 COPIES OF DOCUMENTS:
2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy (unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT.
2.3 NOTICE TO PROCEED:
2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed.
2.4 COMMENCEMENT THE WORK:
2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done
at the Site prior to such commencement date.
2.4.2 CONTRACTOR’s Review of the Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby.
2.5 PRE-CONSTRUCTION MEETING:
2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten (10) days after the effective date of the Contract, but before
any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work.
2.5.2 The CONTRACTOR’s initial schedule for shop drawings submittals, obtaining permits and Plan of Operation and Critical Path Method
(CPM) Schedule shall be reviewed and finalized. As a minimum, the CONTRACTOR’s representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting, additional meetings shall be held so that the submittals
can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving
acceptable initial submittals from the CONTRACTOR.
2.5.3 CITY shall schedule pre-construction meeting.
2.5.3.1 Attendance Required: CITY’s Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and
Superintendent.
2.5.3.2 Agenda: Distribution of Conformed Contract Documents, Confirmation based on prior submission (during Bid process) of the
list of Subcontractors, list of Products, Project Safety Plan, Schedule of Values and Progress Schedule.
2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT.
2.5.3.4 Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, Change
Orders, and Contract close-out procedures.
2.5.3.5 Issuance of Notice to Proceed.
2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request, Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will
be distributed.
2.6 SITE MOBILIZATION MEETING:
2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy.
2.6.2 Attendance Required: CITY, CONSULTANT, Special Consultants, and CONTRACTOR, CONTRACTOR’s superintendent, and major Sub-Contractors.
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TOC – 23 GENERAL CONDITIONS
2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR.
2.6.2.1 CITY’s requirements and partial occupancy.
2.6.2.2 Construction facilities and controls provided by CITY.
2.6.2.3 Temporary utilities provided by the CITY.
2.6.2.4 Survey and building layout
2.6.2.5 Security and housekeeping procedures.
2.6.2.6 Schedules
2.6.2.7 Application for Payment Procedures
2.6.2.8 Procedures for testing
2.6.2.9 Procedures for maintaining record documents.
2.6.2.10 Requirements for start-up of equipment.
2.6.2.11 Inspection and acceptance of equipment put into service during construction period.
2.6.2.12 CONSULTANT shall record minutes and distribute copies within two (2) days after meeting to participants, with copies to all,
participants including CONTRACTOR, and those affected by decisions made.
2.7 PROGRESS MEETINGS
2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings,
prepare agenda with copies for participants, and preside at meetings.
2.7.2 Attendance Required: Job superintendent, major Sub-Contractors and suppliers, CITY, CONSULTANT, as appropriate to agenda topics
for each meeting.
2.7.3 Agenda:
2.7.3.1 Review minutes of previous meetings.
2.7.3.2 Review of work progress.
2.7.3.3 Field observations, problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress.
2.7.3.5 Review of submittal, schedule and status of submittals.
2.7.3.6 Review of off-site fabrication and delivery schedules.
2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules.
2.7.3.9 Planned progress during succeeding work period.
2.7.3.10 Coordination of projected progress.
2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination.
2.7.3.13 Other business related to work.
2.7.3.14 Record minutes and distribute copies within two (2) days after meeting to participants, with copies to CONSULTANT, CITY,
and those affected by decisions made.
2.8 PRE-INSTALLATION MEETING:
2.8.1 When required in individual specification section, convene a pre-installation meeting at the site prior to commencing work on the section.
2.8.2 Require attendance of parties directly affecting, or affected by, work of the specific section.
2.8.3 Notify CITY and CONSULTANT five (5) working days in advance of meeting date.
2.8.4 Prepare agenda and preside at meeting.
2.8.5 Review conditions of installation, preparation and installation procedures.
2.8.6 Review coordination with related work.
2.8.7 Record minutes and distribute copies within three (3) days after meeting to participants with copies to CONSULTANT, CITY and those
affected by decisions made.
2.9 FINALIZING SCHEDULES:
2.9.1 Within ten (10) days of receiving the Notice to Proceed, the CONTRACTOR shall submit the final schedule approved by the CITY and
CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to
completion within the Contract Time. Such acceptance shall neither impose on the CITY’s responsibility for the progress or scheduling of
the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be
acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be
acceptable to the CITY as to form and substance.
2.10 SUBMITTAL PROCEDURES:
2.10.1 SCOPE OF WORK: Administrative and procedural requirements for processing of submittals during construction process. Submittals may include the following:
a) Proposed Products Lists
b) Proposed Vendor List
c) Product Data d) Shop Drawings
e) Samples
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TOC – 24 GENERAL CONDITIONS
f) Design Data g) Field Test Reporting
h) Quality Control Reporting
i) Certificates
j) Manufacturer’s Installation, Handing and Storage Instructions
k) Manufacturer’s Field Reports
l) Erection Drawings
m) Close-out Documents
n) Warranties
o) Scheduling of Work
p) Construction Progress Schedule
q) Submittals Schedule
r) Survey and Layout Data
s) Construction Progress Reporting
t) Periodic Work Observation
u) Photographic Documentation v) Purchase Order Tracking
w) Operation and Maintenance Documentation
2.10.2 RELATED SECTIONS:
A. Payment Procedures
B. Project Coordination
C. References D. Quality Control
E. Product Storage and Handling Requirements
F. Close-out Submittals
2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES.
2.10.3 SUBMITTAL PROCEDURES - GENERAL
2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY.
2.10.3.2 Transmit each submittal with CITY’s Standard Transmittal Form.
2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix.
2.10.3.4 Identify project, CONTRACTOR, Sub-Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate.
2.10.3.5 Apply CONTRACTOR’s stamp, signed or initialed certifying that review, approval, verification of products required, field
dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and
Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate
submission of related items.
2.10.3.7 For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR.
2.10.3.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed Work.
2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps.
2.10.3.10 When revised for resubmission, identify all changes made since previous submission.
2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements.
2.10.3.12 Submittals not requested will not be recognized or processed.
2.10.4 PRODUCT DATA
2.10.4.1 Product Data for Review:
2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept
expressed in Contract Documents.
2.10.4.1.2 After review, provide copies and distribute per Submittal Procedures article above and for Record Documents purposes
described in the Special Conditions 01740 “Project Documentation and Closeout.”
2.10.4.2 Product Data for Project Information:
2.10.4.2.1 Submittal for CONSULTANT’s knowledge as contract administrator for CITY.
2.10.4.3 Product Data for Project Close-out:
2.10.4.3.1 Submit for CITY’s benefit during and after the project completion.
2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT.
2.10.4.5 Mark each copy to identify applicable products, models, options and other data.
2.10.4.6 Supplement manufacturers’ standard data to provide information unique to project.
2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional
equipment and appliances.
2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the
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Special Conditions 01740 “Project Documentation and Closeout.”
2.10.5 CONSTRUCTION SUBMITTALS
2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of work.
2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept
expressed in Contract Documents.
2.10.5.3 Certificates:
2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to
CONSULTANT, in quantities specified for Product Data.
2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements.
2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate.
2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT.
2.10.5.4 Manufacturer’s Instructions:
2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and
finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data.
2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.
2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements.
2.10.5.5 Manufacturer’s Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY’s Project Manager.
2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT.
2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in
Documents.
2.10.5.6 Erection Drawings:
2.10.5.6.1 Submit drawings to CONSULTANT and CITY’s Project Manager.
2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents.
2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY.
ARTICLE 3 – USE OF CONTRACT DOCUMENTS ______________________________________
3.1 INTENT:
3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract
Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed
in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida.
3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract
Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents
or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically
called for.
3.2 REFERENCE TO STANDARDS:
3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual,
code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision
of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents)
shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or
employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT’s
agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of the Contract Documents.
3.3 REVIEW OF CONTRACT DOCUMENTS:
3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part
hereof and consist of the following:
3.3.1.1 The Purchase Order
3.3.1.2 Contractor’s Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of:
3.3.1.4 Invitation to Bid and Instructions to Bidders
3.3.1.5 General Conditions
3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications
3.3.1.8 All Plans
3.3.1.9 All Addenda
3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be
responsible for recording the Public Construction Bond.
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3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract.
3.3.1.13 Executed Notice to Proceed
3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict
between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted
in favor of this Contract.
3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the
CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall
obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13
3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS:
3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
1. Change Order 2. Construction Contract or Purchase Order.
3. Addenda, with later date having greater priority.
4. Bid Form
5. Special Conditions 6. Supplemental General Conditions
7. Invitation to Bid
8. Instructions to Bidders
9. General Conditions 10. Technical Specifications
11. Contract Drawings
The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof.
However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following
descending order of precedence shall prevail:
1. Specifications 2. Drawings
3. Special/Supplemental Conditions
4. General Conditions
5. Item Description.
3.4.2 With reference to Drawings, the order of precedence is as follows:
1. Figures govern over scaled dimensions.
2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings.
4. Drawings govern over standard drawings.
3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and:
1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference
in the Contract Documents); or 2. The provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the
provisions of the Contract Documents would result in violation of such Law or Regulation).
3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and
responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub-Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT’s agents or
employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract
Documents.
3.5 AMENDING CONTRACT DOCUMENTS:
3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and
conditions thereof by a Change Order (pursuant to Article 10, Changes in Work).
3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be
authorized, in one or more of the following ways:
3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work)
3.5.2.2 CONSULTANT’s approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or
3.5.2.3 CONSULTANT’s written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations).
3.6 REUSE OF DOCUMENTS:
3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents,
drawings, Special Conditions or other documents used on the Work; and, they shall not reuse any of these on extensions of the Project
or any other project without prior written consent of the CITY and CONSULTANT.
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ARTICLE 4 – SITE OF WORK ______________________________________
4.1 AVAILABILITY OF LANDS:
4.1.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed; rights-of-way and
easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent
structures or permanent changes in existing facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract
Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the
lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities of storage of materials and equipment.
4.1.2 Occupying Private Land: The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written
temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of such
easement furnished to the CITY and CONSULTANT prior to said use; and neither the CITY nor the CONSULTANT shall be liable for any
claims or damages resulting from the CONTRACTOR’s trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the
Work.
4.1.3 Work in State, County and CITY Rights-of-Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way,
easements, or other property; the CONTRACTOR shall (as the Work progresses) promptly back-fill, compact, grade and otherwise restore
the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or
function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the Site presents a neat appearance as part of the Contract.
4.1.4 Work Adjacent to Telephone, Power, Cable TV, and Gas Company Structures: In all cases where Work is to be performed near telephone,
power, water, sewer, drainage, cable TV, or gas company facilities; the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas.
4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to
other vehicular and non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental
entity having jurisdiction, as applicable.
4.2 REPORTS OF PHYSICAL CONDITIONS:
4.2.1 Subsurface Explorations: Where applicable, reference is made in the Special Conditions for identification of those reports of explorations
and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents.
4.2.2 Existing Structures: Where applicable, reference is made to the Special Conditions for identification of those drawings of physical
conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3 herein)
which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents.
4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs
4.2.1 “Subsurface Explorations” or 4.2.2 “Existing Structures” above or the accuracy of any data or information contained herein.
CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the
completeness thereof for CONTRACTOR’’s purposes including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto.
The CONTRACTOR may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or
any non-technical data, interpretations, and opinions contained therein.
4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the
CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is
dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR’s failure to verify
such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any
modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been
reasonably been discovered prior to commencement of the Work or a portion of the work.
4.3 PHYSICAL CONDITIONS – UNDERGROUND FACILITIES:
4.3.1 Indicated: The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous
to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by
others.
4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data, and
4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert (USA) System, Phone No. 1-800-227-2600 and Sunshine State One Call Services (1-800-432-4770) at least forty-eight (48) hours in advance of the commencement of Work at any
site to allow the member of utilities to examine the construction site and mark the location of the utilities’ respective facilities.
4.3.1.3 The CONTRACTOR acknowledges that some (or all) of the utility companies with facilities shown on the drawings may not
be members of the USA System or Sunshine State One Call Services; and therefore, not automatically contacted by the
above referenced telephone number. The CONTRACTOR will be responsible for making themselves aware of utility company
facilities not reported by the USA System or Sunshine State One Call Services, and shall be liable for any and all damages
stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities.
The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight (48) hours in advance of the
commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities’
respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to
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such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the
CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract
Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety
and protection thereof as provided in paragraph 6.10, and repairing any damage thereto resulting from Work, the cost of all
of which shall be considered as having been included in the Contract Price.
4.3.1.5 All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipes, telephone or power cables or conduits,
pipe or conduit casings, curbs, sidewalks, service lines, and all other obstructions, whether or not shown, shall be temporarily
removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the
CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and
again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain
permission from the CITY or occupant, or shall make suitable arrangements for their disconnection by the CITY or occupant.
The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to
service promptly, as part of the Work, as soon as the Work has progressed past the point involved. Approximate locations of
known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or
in the vicinity of new Work are shown, but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc. carefully by hand prior to installing their work. Any
discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary
changes may be made to permit installation of the Work.
4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, nor located by the
facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of; CONTRACTOR shall promptly, after
becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10),
identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be
modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be
amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection
of such Underground Facility as provided in paragraph 6.13.
4.4 DIFFERING SITE CONDITIONS
4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before
they are disturbed:
4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated
in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and
4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3
4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests
with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT’s findings and conclusions.
4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change
Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference.
4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any
combination thereof, shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change
shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work,
or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price)
and Article 12 (Change of Contract Time).
4.4.5 The CONTRACTOR’s failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of
their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or
consequential in nature.
4.5 REFERENCE POINTS:
4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT’s judgment
are necessary to enable CONTRACTOR to proceed with the Work.
4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and
preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by
professionally qualified personnel.
ARTICLE 5 – BONDS AND INSURANCE
______________________________________
5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Contract Price as security for the faithful performance and
payment of all CONTRACTOR’s obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10)
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business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year
after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount
equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety
shall be as specified and supplied by the CITY in the Bid Documents.
5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies” as published in Circular 570
(amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of
Section 287.0935 Florida Statutes.
For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below:
The name, address, and telephone number of the surety and its agent must be listed on the bond.
5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at
the time the Bid is issued for the Work, otherwise the surety shall have the minimum ratings:
CONTRACT AMOUNT BEST KEY RATING
Under $500,000 Class IX A or
better
$500,000 to
$2,499,999.99
Class XI A or
better Over $2,500,000 Class XIV A or
better
5.1.4 The Bond shall specifically incorporate and acknowledge the Surety’s responsibility for liquidated damages.
5.1.5 Bonds shall be executed and issued by a registered agent, licensed and having an office in the State of Florida representing such corporate
sureties.
5.1.6 If the CONTRACTOR is a partnership, the Bond shall be signed by each of the individuals who are partners; if a corporation, the Bond
shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number
of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be
accompanied by a) appropriate acknowledgement of the respective parties; b) appropriate duly certified copy of Power-of-Attorney or
other certification of authority where Bond is executed by agent, officer or other representative of CONTRACTOR or Surety; c) duly certified
extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or
representative was issued.
5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated
in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY’s form, and the CITY has approved the Bond.
5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond.
5.2 INSURANCE:
5.2.1 The CONTRACTOR agrees to, in the performance of Work and services under this Agreement, comply with all federal, state, and local
laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its
employees, agents, or Sub-Contractors, if any, with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR’s expense all necessary insurance in such form and amount as required by the CITY’s Risk Management Department
before beginning work under this Agreement. The CONTRACTOR shall maintain such insurance in full force and effect during the life of
this Agreement. The CONTRACTOR shall provide to the CITY’s Risk Management Department, all insurance certificates required under
this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the CONTRACTOR agrees to maintain during the term
of this Contract, unless otherwise stated:
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Occurrence Aggregate Line of Business/Coverage Commercial General Liability, including:
$1,000,000 $2,000,000
Premises/Operations
Contractual Liability
Personal Injury Explosion, Collapse,
Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability
of Interest Clause
Automobile Liability (including owned, non-owned, and hired)
$1,000,000 $2,000,000
Worker’s Compensation & Employer’s Liability - Statutory Limits:
$500,000 per each disease $500,000 per each accident and $500,000 each employee
5.2.1 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement.
5.2.2 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance
required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and
endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the
necessary coverage throughout the term of this Agreement. In the CITY’s sole discretion, CONTRACTOR’s failure to timely secure all
required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder.
5.2.3 All insurance carriers shall be rated at least A-VII per A.M. Best’s Key Rating Guide and be licensed to do business in Florida. Policies
shall be “Occurrence” form. Each carrier shall give the CITY sixty (60) days notice prior to cancellation.
5.2.4 The CONTRACTOR’s general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an “additional insured”. The CONTRACTOR’s Worker’s Compensation carrier shall provide a
Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions.
5.2.5 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of
Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. “Claims-Made”
forms are acceptable for Professional Liability Insurance.
5.2.6 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall
maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project.
5.2.7 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker’s Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act.
5.2.8 Should the CITY require the Bidder to carry Builder’s Risk Insurance for the Project, it must be in the amount equal to the full replacement
cost of the Project.
5.2.9 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder’s liability to the amount of the policy limits. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
______________________________________
6.1 CONTRACTOR STATUS:
6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted
to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees,
agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole
responsibility for the means, methods, techniques, sequences, and production of the Work.
6.2 CONTRACTOR RISK:
6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad
weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract
Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub-surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the
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requirements of the Contract Documents.
6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY’s property (including machinery and
equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors,
or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason
of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither
the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or
persons causing injury to the Work of the CONTRACTOR.
6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences,
warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The
term “persons” includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and
his/her employees, CONTRACTOR’s employees, CONTRACTOR’’s Sub-Contractors and Sub-Contractors respective employees, who
are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall comply with all applicable provisions
of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes.
6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every
description and that of its Sub-Contractors and Sub-Contractor’s respective employees or agents, and injury to or death of the
CONTRACTOR, its employees, Sub-Contractors or Sub-Contractor’s respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract.
6.3 SUPERVISION AND SUPERINTENDENCE:
6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences
and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or
superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR’s representative at the Site. The
supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate
supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the
CONTRACTOR’s home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated
supervisor/superintendent.
6.4 LABOR, MATERIALS AND EQUIPMENT:
6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the Site. Except in connection with the
safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and
CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY’s Project Manager’s written consent.
6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the
responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost,
stolen, or damaged while stored on the job site.
6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged
by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or
container with seals unbroken and labels intact.
6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract
Documents.
6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in
the Work are fit for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to
the CONSULTANT and the CITY’s Project Manager a list of proposed materials, equipment or products, together with such samples
considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to
Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for
substitution, unless otherwise stipulated in the Special Conditions. No request for payment for “or equal” equipment shall be approved
until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at
CONTRACTOR’s expense, a special performance guarantee or other surety with respect to any substitute.
6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name
or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may
request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in
the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY,
such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY’s Project Manager may approve its substitution and use by the CONTRACTOR.
6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR’s
achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require
a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the
Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified
shall be identified in the application and available maintenance, repair, and replacement service shall be indicated.
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6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in
evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR’s expense,
additional data about the proposed substitute.
6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR
without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the
CONSULTANT and CONSULTANT’S consultants for evaluating each proposed substitution. These costs shall include
transportation, to operating installation at factories, etc.
6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY’s Project Manager’s
concurrence.
6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall
not be considered justifiable grounds for an extension of construction time.
6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or
become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any
work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR.
6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any
chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The
CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of
construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient information to allow CITY
and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1
(Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the
Special Conditions.
6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer.
6.5 CONCERNING SUBCONTRACTORS:
6.5.1 The CONTRACTOR shall not employ any sub-contractor, other persons or organization (whether initially or as a substitute) against whom
the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub-contractor
against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub-contractor who has been
accepted by the CITY’s Project Manager and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract, the CITY objects to certain suppliers or sub-contractors, the CITY may
permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the
Contract Price or Contract Time is increased or extended, the CITY may return the Bid Bond and award the Contract to the next qualified,
competent Bidder. If after the award of the Contract, the CITY objects to certain suppliers or sub-contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or
the CONSULTANT of any such sub-contractor, supplier, or other person or organization shall constitute a waiver of any right of the CITY
or CONSULTANT to reject defective Work.
6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and
organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of
CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly
employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create
any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other
person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub-contractor or other
person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values.
6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the
CONTRACTOR in dividing the Work among sub-contractors or delineating the Work to be performed by any specific trade.
6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the
Contract Documents for the benefit of the CITY.
6.5.5 Agreement: Any and all Work performed for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement
between the CONTRACTOR and the sub-contractor.
6.5.6 Responsibility: The CONTRACTOR shall be responsible for the coordination of the trades, sub-contractors and material men engaged
upon in work of the Project...
6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bid sub-contractors to the
CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub-
contractors, and to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the
CONTRACTOR under any provisions of the Contract Documents.
6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub-contractors or between
sub-contractors.
6.5.9 If in the opinion of the CITY’s Project Manager or CONSULTANT, any subcontractor on the Project proves to be incompetent or otherwise
unsatisfactory; such Sub-Contractor shall be replaced if and when directed in writing.
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6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule.
6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule.
6.5.10.3 Verify that product procurement schedules are adequate.
6.5.10.4 Verify that product deliveries are adequate to maintain schedule.
6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes.
6.6 PATENTS, FEES AND ROYALTIES:
6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention, design, process or
device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and
CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses
(including attorney’s fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such
claims in connection with any alleged infringement of such rights.
6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials,
appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not
involve purchase by them of materials, appliances and articles.
6.7 PERMITS, LAWS AND REGULATIONS:
6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and
inspection fees necessary for the prosecution of the Work, which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup.
6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as
required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations, United States Environmental Protection Agency and any other regulatory agency requirements
including financial responsibility (fines, etc).
6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the
CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the
CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to
the CONSULTANT, they shall bear all costs arising therefrom; however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
6.8 TAXES:
6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated
by the CONTRACTOR.
6.9 RECORD DOCUMENTS/RIGHT TO AUDIT:
6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop
Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be
available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified
herein is made by the CITY’s Project Manager.
6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be
subject to the approval of the CITY’s auditor. The awarded CONTRACTOR agrees to make available to the CITY’s auditor, during normal
business hours, all books of account, reports, and records relating to this Contract for the duration of the Contract and retain them for a
minimum period of three (3) years.
6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector General investigators shall have the power
without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance and procurement process of the
CONTRACTOR, its Sub-Contractors and lower tier subcontractors and its officers, agents and employees relating to the Contract.
6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering
the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the CONTRACTOR’s books to the extent
they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures
and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated
to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR’s plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right
to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein provided for
shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR’s normal business hours at
the office of the CONTRACTOR. Upon request by the CITY, CONTRACTOR shall provide the accounting records and documents, and other financial data and shall submit true copies of requested records to the CITY.
6.10 SAFETY, PROTECTION AND EMERGENCIES:
6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the
Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
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6.10.1.1 All employees on the Work and other persons, who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and
6.10.1.3 Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary
safeguards for such safety and protection.
6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work
may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by
CONTRACTOR, any Sub-Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to
perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT.
6.10.5 CONTRACTOR’s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is
completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final “punch list” items are completed, whichever is later.
6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or
cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the “Manual of Accident
Prevention in Construction” as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not
in conflict with applicable laws.
6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or
causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR
shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the
event or as per specific timeframe specified by such Local Public Agency.
6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of
accidents. This person shall be CONTRACTOR’s superintendent unless otherwise designated in writing by CONTRACTOR to the CITY.
6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data
sheets or other hazard communication information required to be made available to or exchanged between or among employees at the
Site in accordance with Laws and Regulations.
6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be
prevention of accidents. This person shall be the CONTRACTOR’s superintendent unless otherwise designated in writing by the
CONTRACTOR to the CITY’s Project Manager.
6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the
CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY’s Project Manager is obligated to act, at
its discretion, to prevent damage, injury or loss.
6.10.12 CONTRACTOR shall give CITY’s Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that
a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations.
6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the
Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided
by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse
weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as
they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are
unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season.
6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles
them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefor as provided in Article 11
(Change in Contract Price) and Article 12, (Change in Contract Time).
6.10.15 NATIONAL EMERGENCY: In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due
to a declaration of war, or national emergency by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict, or due to the stoppage of construction caused by any governmental agency, state,
CITY, town, or county regulations, orders, restrictions, or due to circumstances beyond the CITY’s control; then the CITY herein reserves
the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by
registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced, then the CITY shall be liable for only the cancellation or suspension without the addition of prospective
profits or other change whatsoever.
6.11 SHOP DRAWINGS AND SAMPLES:
6.11.1 Shop Drawings: After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT and the CITY’s
Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions, (see paragraph 2.9) copies (or at
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the CONSULTANT’s option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria,
materials of construction and the like to enable the CONSULTANT to review the information as required.
Shop Drawings shall include but not be limited to the following information:
6.11.1.1 Fabrication and Installation Drawings and details
6.11.1.2 Template placement diagrams
6.11.1.3 Manufacturer’s installation instructions
6.11.1.4 Product patterns and colors
6.11.1.5 Coordination Drawings
6.11.1.6 Schedules
6.11.1.7 Product mix formula
6.11.1.8 Product design or engineering calculations
6.11.1.9 Other information as required by project
After review, produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in
Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design
concept and on to the CITY’s Project Manager.
6.11.2 SAMPLES: The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work,
all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the
CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalogue numbers and the use for which intended.
CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed
in the documents.
After review, CONSULTANT shall submit color board to CITY’s Project Manager per Submittal Procedures. Samples shall also conform to the following:
6.11.2.1 Sample finishes and colors shall be from full range or manufacturers’ standard and colors, textures, and patterns for
CONSULTANT’s selection and preparation of color board for CITY’s approval.
6.11.2.2 After review and approval by the CITY, provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices.
Coordinate sample submittals for interfacing work.
6.11.2.4 Include identification on each sample with full project information.
6.11.2.5 Submit number of samples specified in specifications, one of which CONSULTANT shall retain. Reviewed samples may be used in Work, if indicated.
6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the CONSULTANT’s attention to any deviations
that the Shop Drawings or sample may have from the requirements of the Contract Documents.
6.11.4 CONFORMANCE REVIEW: The CONSULTANT shall review within fifteen (15) days or as extended by CITY; Shop Drawings and
samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information
given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions. The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR’s expense and shall
return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the
CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the
corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR’s stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified
all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for
doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract
Documents. Shop Drawings submitted without the CONTRACTOR’s stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR.
6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and
approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the
CONTRACTOR at the site and shall be available to the CONSULTANT.
6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT’s review of Shop Drawings or samples shall not relieve the CONTRACTOR from their
responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the
CONSULTANT’s attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific
deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop
Drawings.
6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT’s review and
acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR.
6.12 SITE CLEAN UP:
6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their
surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property;
shall clean all portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to
their occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable condition.
6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free
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from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave their work “broom clean” or the like, unless specified elsewhere in the Contract. The
CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work:
6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass.
6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work.
6.12.2.3 Remove all temporary protections and clean and polish floors.
6.12.2.4 Clean and polish all hardware for all trades; this shall include removal of all stains, dust, dirt, paint, etc.
6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR.
6.13 PUBLIC CONVENIENCE AND SAFETY:
6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to
public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for
in a satisfactory manner, consistent with the operation and local conditions.
6.13.2 Safety: “Street Closed” signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic
demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the appropriate
regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties
operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to
fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for
local traffic.
6.14 SANITARY PROVISIONS:
6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work,
whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon
completion of the Work and the premises shall be left clean.
6.15 INDEMNIFICATION:
6.15.1 CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials
from any and all claims and liabilities including all attorney’s fees and court costs, including appeals for which the CITY, its employees,
representatives, and elected officials can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents,
arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees,
representatives, or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents,
employees or representatives.
6.15.2 The CONTRACTOR, without exemption, shall indemnify and hold harmless, the CITY, its employees, representatives and elected officials
from liability of any nature or kind, including cost and expenses for or on account of any copyright, service marked, trademarked patented
or unpatented invention, process, or any other intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is made, or is pending, the CONTRACTOR may, at its option or expense, procure for the CITY the right to use, replace, or modify
the item to render it non-infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to
the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design, device or
materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the Work. This article shall survive the
termination of any contract with the CITY of Boynton Beach.
6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR’s indemnification of the CITY.
6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees
associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement.
6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S. § 725.06 (Chapter 725). It is further the
specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the
foregoing indemnification and the “Specific Consideration” therefor.
6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY’s rights and immunities under the common law or Florida
Statutes § 768.28, as amended from time to time.
6.16 CLAIMS:
6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees, by any employee of the CONTRACTOR, any Sub-Contractor, anyone directly or indirectly employed for whose acts may be liable; the indemnification obligation under paragraph
6.15 (Indemnification) shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable
by or for the CONTRACTOR or any Sub-Contractor under workers’ compensation acts, disability benefit acts or other employee benefit
acts.
6.16.2 Obligation: The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT’s negligent
acts, errors or omissions or their employees or agents.
6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK:
6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously
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installed as required by the Drawings and Specifications to provide a complete installation.
6.18 WORK IN STREET, HIGHWAY AND OTHER RIGHTS-OF-WAY:
6.18.1 Excavation, grading, fill, storm drainage, paving and other construction or installations in rights-of-way of streets, highways, pubic carrier
lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications and
authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work. Upon completion
of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate from the proper authorities stating that the Work has
been done in accordance with their requirements.
6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above
requirements.
6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.:
6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public
carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental
structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner’s approval.
6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their
Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work.
6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR’s attention is called to the fact that there may be delays on the Project
due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least
possible time.
6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in
any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof.
6.20 USE OF PREMISES:
6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project
site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances,
and regulations, rights-of-way, permits, easements, and directions of the CITY’s Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment.
6.20.2 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 the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other
party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify
and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers,
architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of
CONTRACTOR’s performance of the Work.
6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations 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, construction equipment and machinery, and surplus materials, and shall leave the
Site clean and ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration
by the Contract Documents.
6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall
it subject any part of the Work to stresses or pressures that shall endanger it.
6.20.5 CONTRACTOR shall enforce the CITY’s Project Manager’s instructions in connection with signs, advertisements, fires and smoking.
6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub-contractors and other
personnel, and in routing material delivery trucks and other vehicles to the Project Site.
6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS:
6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures
(including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered
shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings, shall be restored to a condition equal or better, to the original state at the time
of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR, and no claim for an increase in the
Contract Price under paragraph 6.21 or under Article 10 shall be allowed.
6.22 TEMPORARY HEAT:
6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of
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permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from
date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to
provide temporary heat. CONTRACTOR’s proposed methods of heating shall be submitted for approval.
6.23 SCHEDULE:
6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule)
proposed adjustments in the progress schedule to reflect the impact thereon of new developments; these shall conform generally to the
progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All
approved changes shall be memorialized as change orders.
6.24 CONTINUING THE WORK:
6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension
and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing.
6.25 CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE:
6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents
and shall not be defective. That CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any
defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended.
CONTRACTOR’s warranty and guarantee hereunder excludes defects or damage caused by:
6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub-contractors or suppliers; or
6.25.1.2 Normal wear and tear under normal usage
6.25.2 CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of
CONTRACTOR’s obligation to perform the Work in accordance with the Contract Documents:
6.25.2.1 Observations by CONSULTANT.
6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract
Documents.
6.25.2.4 Use or occupancy of the Work or any part thereof by CITY.
6.25.2.5 Any acceptance by CITY or any failure to do so; and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT
pursuant to paragraph 14.10.
6.26 DELETION/OVERSIGHT/MISSTATEMENT:
6.26.1 Any deletion, oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project
within the agreed upon timeframe.
6.26.2 The cost of incidental work described in these Contract requirements, for which there are no specific Contract items shall be considered
as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will
be made therefore.
6.27 EXCEPTIONS TO SPECIFICATIONS:
6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY’s Procurement Services Division in
writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing
prior to the end of the Bid question period means that the Bidder is complying 100% with the Specifications. All materials may be inspected
by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be
rejected as non-responsive unless the deviation was approved prior to the submittal of bids.
6.27.2 Any deletion, oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory
workmanship and/or materials, together with all appurtenances necessary for unrestricted operation, as determined by the CITY in its sole
discretion.
6.28 SILENCE OF SPECIFICATIONS:
6.28.1 The apparent silence of any Specification as to any details, or the omission from the Specifications of a detailed description concerning
any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and
correct type, size and design are to be used. All workmanship is to be of first quality.
6.28.2 Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is
required and shall be performed by the CONTRACTOR as though it were specifically delineated or described.
6.29 QUALITY:
6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s) not meeting this specification shall be replaced by
the awarded Bidder/CONTRACTOR at no additional charge to the CITY.
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6.30 CONDITIONS OF MATERIALS:
6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new, warranted for merchantability, fit for
a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent
condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications, the
CITY reserves the right to return the product to the Bidder at no cost to the CITY.
6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY’s Project Manager or designee prior to final
acceptance and payment. The warranty period shall commence upon final acceptance of the product.
6.31 DISPOSAL:
6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, and for
which disposition is not specifically provided for elsewhere in these Specifications, it shall contact the CITY to determine if the removal items are to be salvaged. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the
construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property
of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and federal laws and
regulations.
6.32 OCCUPATIONAL HEALTH AND SAFETY:
6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29, it shall furnish to the CITY’s Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the
CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information:
6.32.1.1 The chemical name and the common name of the toxic substance.
6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire, explosion, corrosion and reactivity.
6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to the toxic substance; and
6.32.1.2.3 The primary routes of entry and symptoms of overexposure.
6.32.1.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the
use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure.
6.32.1.4 The emergency procedure for spills, fire, disposal and first aid.
6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person
reading this information.
6.32.1.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number
of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed
to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL. 32301-5014, Telephone: 1-800-367-4378.
6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION (OSHA)
6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the
Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition shall be considered as a breach of
Contract.
6.34 CONDITIONS AND PACKAGING:
6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new (current production model at
the time of the Bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
6.35 UNDERWRITERS’ LABORATORIES (UL):
6.35.1 Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where
such item has been established by UL for the items offered and furnished.
6.36 ASBESTOS:
6.36.1 CONTRACTOR shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract.
6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the
CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the
asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT.
6.37 CLOSE-OUT SUBMITTALS
6.37.1 SCOPE OF WORK:
6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning
6.37.1.3 Adjusting
6.37.1.4 Project record documents
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6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data
6.37.1.7 Spare parts and maintenance products
6.37.1.8 Warranties and bonds
6.37.1.9 Maintenance service
6.37.2 CLOSE-OUT PROCEDURES
6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were
reviewed, Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY’s Project
Manager and CONSULTANT’s review.
6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY’s Project Manager that are required by local, state
and federal authorities.
6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY’s Project Manager identifying total
adjusted contract sum, previous payments and sum remaining due.
6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work.
6.37.3 FINAL CLEANING
6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains
and foreign substances, wax, clean and polish transparent and glossy surfaces, vacuum carpet and soft surfaces.
6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer’s written
recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment
6.37.3.5 The CONTRACTOR shall clean debris from roofs, gutters, downspouts and drainage systems.
6.37.3.6 Clean Site; The CONTRACTOR shall sweep paved areas, rake clean landscaped surfaces.
6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, rubbish, and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains (coolers).
6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no
residue.
6.37.4 ADJUSTING
6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations.
6.37.5 PROJECT RECORD DOCUMENTS
6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site, one (1) record copy of
all Drawings, Specifications, Addenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The record
documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the
CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop
Drawings will be delivered to CONSULTANT for the CITY.
6.37.6 OPERATION AND MAINTENANCE DATA:
6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein.
6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS:
6.37.7.1 The CONTRACTOR shall provide spare parts; maintenance and extra products in quantities specified in the Specifications to
the CITY and obtain receipt prior to final payment.
6.37.8 WARRANTIES:
6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and
Provide duplicate notarized copies to the CITY.
6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub-contractors, suppliers and
manufacturers.
6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D-size, 3-ring white
binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referenced warranties to the CITY prior to Final Application for Payment.
6.37.9 MAINTENANCE SERVICE:
6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year
from date of Substantial Completion.
6.37.9.2 The CONTRACTOR shall examine, clean, adjust, and lubricate system components as required for reliable operation.
6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing
parts as required with parts produced by the manufacturer of the original component.
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6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks.
6.37.10 ASBESTOS CERTIFICATION:
6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were
used as a building material in the Project, pursuant to Florida Statutes § 255.40.
6.37.11 PRODUCTS:
6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant
to local, state and federal laws and regulations.
6.38 TEMPORARY BARRIERS AND ENCLOSURES:
6.38.1 SCOPE OF WORK:
6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from
Owner’s on-going business operations.
6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized
entry.
6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction, including areas
for CONTRACTOR’s mobilization and parking separate from existing CITY facilities and on-going business activities.
6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings.
6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY’s facilities
not under renovation or construction.
6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, pollution, rodent and environmental control.
6.38.2 ENTRY CONTROL:
6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with
Special Conditions – 01540 and 01541 Security Procedures.
6.38.2.2 Prior to Project commencement, CONTRACTOR’s on-site personnel shall meet with CITY’s Project Manager to delineate
areas for CONTRACTOR’s operations to include storage, office trailers, parking, and lay-down areas.
6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY’s Project Manager prior to proposed interruption.
6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification.
6.38.2.5 CONTRACTOR/CM shall post “No Trespassing” and “Hard Hat Area” signs along Project perimeter and at construction access points. “No Trespassing” sign shall include statutory language that area is construction site and that trespassing and theft
are felonies and violators will be prosecuted. “No Trespassing” sign shall include name of CONTRACTOR/CM. “No
Trespassing” signs shall not be larger than 24” (600mm) by 24” (600mm). “Hard Hat Area” sign shall not be larger than 12”
(300mm) by 12” (600mm).
6.38.3 DEMISING WALLS:
6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide
demising walls to physically separate new or renovation work from existing on-going CITY operations.
6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or
debris from entering occupied portion of the area.
6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to
work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting
safe passage through construction area.
6.38.4 TEMPORARY FENCING:
6.38.4.1 Areas under construction including areas for CONTRACTOR’s mobilization and parking shall be separated from CITY facilities
to allow for ongoing activities.
6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries.
6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The
plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code.
6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY’s and CONTRACTOR’s access to occupied portion
of project site and for construction access.
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6.39 ENVIRONMENTAL CONTROLS:
The CONTRACTOR shall:
6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to
control moisture content of traffic and construction areas.
6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation.
6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas.
6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system.
6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY’s noise requirements.
6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work.
6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations.
6.39.8 SUBMITTALS:
6.39.8.1 Comply with Section 2.10 “Submittal Procedures.”
6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures.
6.39.9 TEMPORARY FENCING:
6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric.
6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities.
6.39.9.3 Provide 5/8” C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges
and 24” maximum vertical spacing.
6.39.10 TEMPORARY WALLS:
6.39.10.1 Provide demising Wall: 5/8” C/D plywood sheets, 2 x 4 wood framing at 24” maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints.
6.39.10.2 Provide overhead Protection: Metal scaffolding with ¾” B/C plywood or 2” x 12” wood planking.
6.39.11 EXECUTION/INSTALLATION AND REMOVAL:
6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work.
6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work.
6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour.
6.40 SECURITY PROCEDURES:
6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry.
6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner’s existing security system at time of Project, mobilizing to
ensure safety of employees or persons at the unaffected areas.
6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner’s Project acceptance.
6.40.4 PERSONNEL IDENTIFICATION:
6.40.4.1 CONTRACTOR/CM on-site staff, sub-contractors and vendors on Site shall wear identification badges at all times.
6.40.4.2 Identification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date.
6.40.5 SUBMITTALS:
6.40.5.1 The CONTRACTOR shall comply with Section 2.10 “Submittal Procedures”.
6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized.
6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on
the Project.
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6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress.
6.41 PRODUCT SUBSTITUTION PROCEDURES
6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request
for substitution during the design and construction phases.
6.41.2 CONTRACTOR’S SUBMITTAL PROCEDURES:
6.41.2.1 Transmit each substitution request on company letterhead.
6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY’s Procurement Services Division.
6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT.
6.41.2.4 Substitution requests shall identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub-
Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material
and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request.
6.41.2.5 Apply CONTRACTOR’s stamp; signed or initialed certifying that review, approval, verification of products required, field
dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents.
6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address.
Coordinate submission of related items.
6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or
CONTRACTOR/CM.
6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful
performance of the completed work.
6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps.
6.41.2.10 When revised for resubmission, identify all changes made since previous submission.
6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements.
6.41.2.12 Submittals not requested will not be recognized or processed.
6.41.3 SUBSTITUTION REQUESTS
Requests for substitutions shall be made no later than ten (10) calendar days prior to Bid date. Requests received afterwards may not be
considered.
6.41.4 SCOPE OF WORK:
The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction.
Section 6.41.5 states the CONTRACTOR’s general requirements for mockups and field samples, constructed, applied or assembled at
the Site for review for use as a quality standard.
6.41.5 COORDINATION AND PROJECT CONDITIONS
6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent
construction elements, with provisions for accommodating items installed later.
6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities.
6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service,
such equipment.
6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated diagrammatically
on Drawings.
6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable; place runs parallel with line of building. Utilize
spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs.
6.41.5.6 Within finished areas, except as otherwise indicated; conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements.
6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of
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work designated for CITY’s partial occupancy.
6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with
the Contract Documents, to minimize disruption of CITY’s activities.
6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered
by the CITY.
6.42 FIELD ENGINEERING
CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY.
6.42.1 CONTRACTOR shall locate and protect survey control and reference points.
6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey.
6.42.3 CONTRACTOR shall verify setbacks and easements; confirm drawing dimensions and elevations.
6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey
practices.
6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work
are in conformance with the Contract Documents.
ARTICLE 7 – OTHER WORK
______________________________________
7.1 RELATED WORK AT SITE:
7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice
thereof shall be given to CONTRACTOR prior to starting any such Other Work; and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as
provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by
other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered.
7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing
the additional work with the CITY’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and
storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the
CONTRACTOR’s. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting,
excavating or otherwise altering other contractor’s work and shall only cut or alter other contractor’s work with the written consent of the
CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR
under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors.
7.1.3 If any part of CONTRACTOR’s work depends for proper execution for results upon the work of any such other contractor, other than
CONTRACTOR’s own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor’s work that render it unavailable or unsuitable for such proper execution and results of
CONTRACTOR’s work. CONTRACTOR’s failure to report shall constitute an acceptance of the other contractor’s work as fit and proper
for integration with CONTRACTOR’s work except for latent defects and deficiencies in the other contractor’s work.
7.2 COORDINATION:
7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have
authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special
Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority
and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY
nor the CONSULTANT shall have any authority or responsibility in respect of such coordination.
ARTICLE 8 – THE CITY’S RESPONSIBILITIES
______________________________________
8.1 COMMUNICATIONS TO CONTRACTOR:
8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT.
8.2 FURNISH DATA:
8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents.
8.3 PAYMENTS:
8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5 (Review of Application for Progress Payment) and Section 14.10 (Final Payment and Acceptance) of the General Conditions.
8.4 LANDS, EASEMENTS: REPORTS AND TESTS:
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8.4.1 The CITY’s duties in respect to providing lands and easements and providing engineering surveys, if available and to establish reference
points are set forth in paragraphs 4.11 (Availability of Land) and 4.5.1 (Reference Points) of the General Conditions.
8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing
structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2 (Report of Physical Conditions).
8.5 CHANGE ORDERS:
8.5.1 The CITY shall execute Change Orders as provided in Article 10 (Changes in the Work) of the General Conditions.
8.6 SUSPENSION OF WORK:
8.6.1 The CITY’s may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop
Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May
Terminate Without Cause).
8.7 ESTIMATED DOLLAR VALUE:
8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities.
8.8 QUANTITIES:
8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item
from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations
during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually
purchased.
8.9 ADDITIONAL TERMS AND CONDITIONS:
8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this
Bid and the CONTRACTOR‘s authorized signature on the Bid Form attests to this.
ARTICLE 9 – CONSULTANT’S STATUS DURING CONSTRUCTION: ______________________________________
9.1 CITY’S REPRESENTATIVE:
9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY’s Representative
during the construction period. .
9.1.2 The CONSULTANT’s or CITY’s Representative’s decision with the consent of the CITY’s Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents.
9.1.3 CONSULTANT or CITY’s Representative shall work with the CITY to:
9.1.3.1 Establish on-site lines of authority and communications; and 9.1.3.2 Schedule and conduct pre-construction meeting and progress meetings.
9.1.4 CONSULTANT or CITY’s Representative shall also work with the CITY to establish procedures for:
9.1.4.1 Submittals 9.1.4.2 Reports and Records
9.1.4.3 Recommendations
9.1.4.4 Coordination of drawings
9.1.4.5 Schedules
9.1.4.6 Resolution of conflicts
9.1.5 CONSULTANT shall also:
9.1.5.1 Interpret Contract specifications and Drawings
9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties;
9.1.5.3 Assist in obtaining permits and approvals
9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities; and
9.1.5.5 Assist CITY to control the use of Site.
9.2 VISITS TO SITE:
9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages
of construction or as per CONSULTANT’s contract with CITY to observe the progress and quality of the executed Work and to determine
in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to
guard the CITY against defects and deficiencies in the Work of the CONTRACTOR.
9.3 PROJECT REPRESENTATION:
9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them
by the CITY.
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9.4 CLARIFICATIONS AND INTERPRETATIONS:
9.4.1 The CONSULTANT or CITY’s Representative shall issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be
consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the
Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General
Conditions.
9.5 MEASUREMENTS:
9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT’s or CITY’s Representative or
Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally
or vertically as required by the item measured.
9.6 REJECTING DEFECTIVE WORK:
9.6.1 The CONSULTANT, CITY’s Representative or Project Representative shall have authority to disapprove or reject Work which is “defective” (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the
Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has
been damaged prior to final inspection). The CONSULTANT, CITY’s Representative or Project Representative shall also have authority
to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed.
9.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS:
9.7.1 The CONSULTANT’s responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of
the General Conditions.
9.7.2 The CONSULTANT’s responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions.
9.7.3 The CONSULTANT’s responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor
and Completion) of the General Conditions.
9.8 DETERMINATIONS FOR UNIT PRICES:
9.8.1 The CITY’s Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY’s Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT’s preliminary
determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The
CITY’s Project Manager’s written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after
the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision.
9.9 DECISIONS ON DISPUTES:
9.9.1 The CITY’s Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract
Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing
of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY’s Project Manager, the
CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such
claim, dispute and other matter shall be delivered by the claimant to the CITY’s Project Manager and CONSULTANT and the other
party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto,
and written supporting data shall be submitted to the CITY’s Project Manager and CONSULTANT within ten (10) days after such
occurrence, unless CONSULTANT with the consent of the CITY’s Project Manager allows an additional period of time to ascertain more
accurate data in support of such claim, dispute or other matter.
9.9.2 The CITY’s Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the
claimant’s last submittal (unless the CITY’s Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent
of the CITY’s Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party’s submittal, if
any, in accordance with this paragraph. The CITY’s Project Manager’s written decision, on such claim, dispute, or other matter shall be
final and binding upon CONTRACTOR unless:
i) an appeal from CITY/CONSULTANT’s decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution); or
ii) a written notice of intention to appeal from the CITY’s Project Manager and CONSULTANT’s written decision is delivered by
CONTRACTOR to the CITY’s Project Manager and CONSULTANT within ten (10) days after the date of such decision and a
formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and
regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR.
9.9.3 The rendering of a decision by the CITY’s Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or
acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by
CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in
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respect of any such claim, dispute or other matter pursuant to Article 16.
9.10 INSPECTION AND TESTING:
9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows:
9.10.1.1 Administer special testing and inspections of suspect Work.
9.10.1.2 Reject Work which does not comply with requirements of Contract Documents.
9.10.2 Coordinate Testing Laboratory Services:
9.10.2.1 Verify that required laboratory personnel and present.
9.10.2.2 Verify that tests are made in accordance with specified standards.
9.10.2.3 Review test reports for compliance with specified criteria.
9.10.2.4 Recommend and administer any required re-testing.
9.11 LIMITATIONS ON CONSULTANT:
9.11.1 Neither CONSULTANT’s authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by
CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to
CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety.
9.11.2 Whenever in the Contract Documents the term “as ordered”, “as directed”, “as required”, “as allowed”, “as approved”, or terms of like effect
or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper”, or “satisfactory”, or adjectives of the like effect or
import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there
is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any
duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility
contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions.
9.11.3 CONSULTANT shall not be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR’s
failure to perform or furnish the Work pursuant to the Contract Documents.
9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other
person or organization performing or furnishing any of the Work.
ARTICLE 10 – CHANGES IN THE WORK
______________________________________
10.1 AUTHORIZED CHANGES IN THE WORK
10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the
Work; these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR
shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided.
10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an
extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions.
10.2 UNAUTHORIZED CHANGES IN THE WORK
10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work
performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References
to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering
Work as provided in Paragraph 13.4.2 (Uncovering Work).
10.3 EXECUTION OF CHANGE ORDERS:
10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering:
10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required
because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties.
10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to.
10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT
pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal
may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as
provided in Paragraph 6.24.1.
10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to
the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of
any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to Contract
Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice shall be the CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or
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extensions of time, shall be governed pursuant to the ordinances of the CITY.
ARTICLE 11 – CHANGE OF CONTRACT PRICE
_______________________________________
11.1 GENERAL
11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the
Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in
the Contract Price.
11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (not later than ten (10) days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with
supporting data shall be delivered within thirty (30) days after such occurrence and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the
occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance
with Paragraph 9.8.1, if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in
the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2.
11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined
in one of the following ways:
11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved (subject to provisions of Section 11.5. (Unit Price Work) inclusive).
11.1.3.2 By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with Paragraph
11.3.1.2a (Contractor’s Fee).
11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR’s fee for overhead and profit) determined as provided in Section 11.3, Contractor’s Fee, inclusive.
11.2 COST OF THE WORK:
11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance
of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing
in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only
the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work).
11.2.2 Labor: The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday, Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost
of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers’ or workmen’s
compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site.
11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and storage thereof, and Supplier’s field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the
cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and
equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained.
11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by
SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver
such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract
provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor’s Cost of the Work shall be
determined in the same manner as CONTRACTOR’s Cost of Work. All subcontracts shall be subject to all provisions of the Contract
Documents.
11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the
Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants.
11.2.6 Supplemental Costs: The term Cost of the Work includes the following:
a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary
facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market
value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in
accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof – in accordance with terms of such rental agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. c. Cost of premiums for additional bonds and insurance required because of changes in the WORK.
11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following:
11.2.7.1 Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and
contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in
CONTRACTOR’’s principal or branch office for general administration of the Work and not specifically included in the agreed
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upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) – all of which are to be considered administrative costs covered by the CONTRACTOR’s fee pursuant
to Paragraph 11.3 of the General Conditions.
11.2.7.2 Expenses of any of CONTRACTOR’s offices, including principal and branch offices, other than CONTRACTOR’s office at
the Site.
11.2.7.3 Any part of CONTRACTOR’s capital expenses including interest on CONTRACTOR’s capital employed for the Work and
charges against CONTRACTOR for delinquent payments.
11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents
to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.6 (c) above.
11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts
CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of
materials or equipment wrongly supplied and making good any damage to property.
11.2.7.6 Costs associated with fringe benefits that are greater than actual costs; i.e. where worker hours exceed a typical 8-hour day
and 40-hour workweek.
11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2 (Cost of the Work).
11.3 CONTRACTOR’S FEE:
11.3.1 The CONTRACTOR’s fee for overhead and profits shall be determined as follows:
11.3.1.1 A mutually acceptable fixed fee; or if none can be agreed upon;
11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work:
a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR’s fee shall be five (5%) percent.
b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR’s fee shall be five (5%) percent; and
if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account
of overhead and profit of all subcontractors shall be five (5%) percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6
(Supplemental Costs) and 11.2.7 (Exclusions).
d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease
in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR’s fee by an account equal to ten (10%) percent of the net decrease; and
e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR’s fee shall be
computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(d) inclusive.
11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions),
CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown
together with supporting data.
11.4 ALLOWANCES:
11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause
the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that:
11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes and
11.4.1.2 CONTRACTOR’s costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No
demand for additional payment on account of any thereof shall be valid.
11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual
amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted.
11.5 UNIT PRICE WORK:
11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to
include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price
Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance
with Paragraph 9.8 - Determination of Unit Prices.
11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR’s overhead
and profit for each separately identified item.
11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated
quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if
CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim
pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree as to the amount of any such increase.
11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated
quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the
Contract Price in accordance with Article 11 – Change in Contract Price if the parties are unable to agree as to the amount of any decrease.
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11.6 OMITTED WORK:
11.6.1 The CITY may at any time, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary
or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by
the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows:
11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or
11.6.1.2 By the appropriate lump sum price set forth in the Contract, or
11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR
and the CONSULTANT, and approved by the CITY.
ARTICLE 12 – CHANGE OF CONTRACT TIME
_______________________________________
12.1 GENERAL
12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based
on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than
seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent
of the claim with supporting data shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result
of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the
claim shall include at a minimum:
12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work.
12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in
the Work.
12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work.
12.1.1.6 Anticipation on impact extent of the delay or change in the Work.
12.1.1.7 Recommended action to minimize delay.
12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets,
and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based
on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT.
No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions.
12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment
of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in
Article 12 of the General Conditions.
12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 – Related Work at Site, fires, floods, epidemics, or acts of God.
12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project.
12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10-year mean average) shall be the made within ten (10) days of the inclement
weather occurrence.
12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR.
12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the
control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to
such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR, and
SubContractor, any supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising
out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties
including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts of neglect by utility owners or other
contractors performing work as contemplated by Article 7 – Related Work at Site.
12.2 LIQUIDATED DAMAGES
12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer
financial loss if the Work is not completed within the times specified in Paragraph 2.3 – Notice to Proceed plus any extensions thereof allowed in accordance with Article 12 – Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the
damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one
has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the
delays, expenses and difficulties involved in providing proof of such damages in a legal proceeding, the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY:
BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $100
$20,001 to $75,000 $200
$75,001 to $150,000 $500
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$150,001 to $350,000 $750 $350,001 to $750,000 $800
$750,001 to $1,000,000 $1,000
$1,000,001 to $2,000,000 $1,200
$2,000,001 to $3,000,000 $1,500 $3,000,001 to $4,000,000 $1,600
$4,000,001 to $5,000,000 $1,700
$5,000,001 to $6,000,000 $1,800
$6,000,001 to $7,000,000 $1,900 $7,000,001 to $8,000,000 $2,000
$8,000,001 to $9,000,000 $2,100
$9,000,001 to $10,000,000 $2,200
$10,000,001 to $11,000,000 $2,300
$11,000,001 to $12,000,000 $2,400
$12,000,001 and over $2,500
For each day that expires after the time specified in Paragraph 2.3 – Notice to Proceed, for Substantial Completion until the Work is
substantially complete.
12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY:
BASE BID LIQUIDATED DAMAGES PER DAY
$1,000 to $20,000 $25.00
$20,001 to $75,000 $50.00 $75,001 to $150,000 $125.00
$150,001 to $350,000 $187.50
$350,001 to $750,000 $200.00
$750,001 to $1,000,000 $250.00 $1,000,001 to $2,000,000 $300.00
$2,000,001 to $3,000,000 $370.00
$3,000,001 to $4,000,000 $400.00
$4,000,001 to $5,000,000 $425.00 $5,000,001 to $6,000,000 $450.00
$6,000,001 to $7,000,000 $475.00
$7,000,001 to $8,000,000 $500.00
$8,000,001 to $9,000,000 $525.00 $9,000,001 to $10,000,000 $550.00
$10,000,001 to $11,000,000 $575.00
$11,000,001 to $12,000,000 $600.00
$12,000,001 and over $625.00
For each day that expires after the time specified in Paragraph 2.3 – Notice to Proceed.
12.2.3 This sum is not a penalty. The CITY reserves the right to additionally recover direct job site expenses, including CONSULTANT’s expenses
incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by
the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages
provided by this Article is joint and several.
ARTICLE 13 – TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
_______________________________________
13.1 NOTICE OF DEFECTS:
13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective
Work, whether or not completed, may be rejected, corrected or accepted as provided in Article 13 – Tests and Inspections: Correction,
Removal or Acceptance of Defective Work.
13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of
the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the
guarantee, shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been
remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR’s observance of the guarantee.
13.2 ACCESS TO WORK:
13.2.1 CONSULTANT’s and CONSULTANT’s representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
13.3 TESTS AND INSPECTIONS:
13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals.
13.3.2 If any federal, state or local laws and regulations require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required
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certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY’s or CONSULTANT’s acceptance of supplier of materials or equipment proposed
to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR’s purchase thereof for
incorporation in the Work.
13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by
organizations acceptable to the CITY and CONSULTANT.
13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of
CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR’s
expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR’s intention to cover the same and
CONSULTANT has not acted with reasonable promptness in response to such notice.
13.3.5 Observations by CITY, CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR’s
obligation’s to perform the Work in pursuant to the Contract Documents.
13.3.6 General: For tests specified to be made by the CONTRACTOR, the testing personnel shall make the necessary inspections and tests, the
testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT
as a prerequisite for the acceptance of any material or equipment.
13.3.7 If, in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such
material or equipment, or to remove it promptly from the Site or from the Work and replace it with acceptable material, without cost to the
CITY.
13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes.
13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR, unless otherwise
expressly specified.
13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by
the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials
and equipment which are rejected for non-compliance.
13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture
that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents.
13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where
necessary, that have been made directly on the product or on similar products of the manufacturer.
13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start-up tests of equipment.
13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract
Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable.
13.4 UNCOVERING WORK:
13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for
CONSULTANT’s observation and replaced at CONTRACTOR’s expense.
13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at
CONSULTANT’s request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as
to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective,
CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefore as provided in Article 11 – Change in Contract Price and Article 12 – Change in
Contract Time in the General Conditions.
13.5 CITY MAY STOP THE WORK:
13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR
to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the
Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party.
13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK:
13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated,
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installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non-defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals) made necessary thereby.
13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following:
13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final
payment due to the CONTRACTOR, or
13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of
the CITY’s Project Manager and in compliance with the CITY’s specifications. The CITY’s Project Manager shall have the
discretion to determine if the Work is satisfactory and in compliance with the specifications.
13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems
applicable.
13.7 ONE-YEAR CORRECTION PERIOD:
13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local
laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision
of the Contract Documents; any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY’s written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and
replace it with non-defective Work.
13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage; the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all
direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals) shall be paid by CONTRACTOR.
13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the
correction period for that item may start to run from an earlier date if so provided in the Specifications.
13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law.
13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph
13.7 – “One Year Correction Period”, the correction period hereunder with respect to such Work shall be extended for an additional period
of one (1) year after such correction or removal and replacement has been satisfactorily completed.
13.8 ACCEPTANCE OF DEFECTIVE WORK:
13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT’s recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant
to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY’s evaluation of and
determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not
limited to fees and charges of engineers, architects, attorneys and other professionals).
13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT’s recommendation of final payment, a Change Order shall be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an
appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 – Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay
an appropriate amount to the CITY.
13.9 CITY MAY CORRECT DEFECTIVE WORK:
13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and
replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the
CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency.
13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work,
and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, construction equipment
and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY’s Representative
agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this
Paragraph.
13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents
with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree
as to the amount thereof, the CITY may make a claim therefore as provided in Article 11 – Change of Contract Price. Such direct, indirect
and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement
of CONTRACTOR’s defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or
remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by the CITY of the CITY’s rights pursuant to Paragraph 13.9 of the General Conditions.
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ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION: _______________________________________
14.1 SCHEDULE OF VALUES
14.1.1 The schedule of values established as provided in Paragraph 2.9 – Finalizing Schedules, shall serve as the basis for progress payments
and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT.
14.2 UNIT PRICE BID SCHEDULE
14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed.
14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for
service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these
General Conditions.
14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for
furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the Work under the Contract and
also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of
Work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY.
14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges
and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit
price stated in the Bid shall be in accordance with the description of that item.
14.3 APPLICATION FOR PAYMENTS:
14.3.1 Unless otherwise prescribed by federal, state or local law, at the end of each calendar month, the CONTRACTOR shall submit to the
CONSULTANT for review, an Application for Payment (AFP) filled out and signed by the CONTRACTOR, covering the Work completed
as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents.
14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of
retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by
CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub-total.
14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission, at the end of the continuation sheets and shall list
by Change Order Number, and description, as for an original component item of work.
14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for each current pay request that all previous
progress payments received from the CITY, under this Contract have been applied by the CONTRACTOR to discharge in full all obligations
of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment
incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge affidavits by all subcontractors.
14.4 CONTRACTOR’S WARRANTY OF TITLE:
14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether
incorporated in the Project or not, shall have passed to the CITY prior to the making of an Application for Payment, free and clear of all
liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as “Liens”), and that no work or
equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrances thereon
is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person.
14.5 REVIEW OF APPLICATIONS FOR PAYMENT:
14.5.1 CONSULTANT shall, within ten (10) days after receipt of each Application for Payment, either indicate in writing, a recommendation of
payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT’s reasons
for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application.
Thirty (30) days after receipt of the Application for Payment by the CITY with CONSULTANT’s recommendation, the amount recommended
shall (subject to the provisions of the last sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to
CONTRACTOR.
14.5.2 CONSULTANT’s recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding
payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties.
14.5.3 CONSULTANT’s recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions
precedent to CONTRACTOR’s being entitled to final payment as set forth in Paragraph 14.10, Final Payment and Acceptance, have been
fulfilled.
14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if, in CONSULTANT’s opinion, it would be incorrect to
make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT’s opinion to protect the CITY from loss, including but not limited to:
14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement.
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14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9, or
14.5.4.4 The CONSULTANT’s actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through
15.2.1.9 inclusive (CITY May Terminate).
14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against
the CITY on account of CONTRACTOR’s performance or furnishing of the Work, or there are other items entitling the CITY to credit
against the amount recommended but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the
reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to:
14.5.6 The Work for which payment is requested cannot be verified by the CITY.
14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable filing
thereof.
14.5.8 Upon unsatisfactory obligation of the Work, including failure to clean up as required.
14.5.9 Upon CONTRACTOR’s persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in
accordance with the Contract Documents.
14.5.10 Upon liquidated damages payable by the CONTRACTOR, or
14.5.11 Upon any other violation of, or failure of CONTRACTOR to comply with, the provisions of the Contract Documents.
14.6 SUBSTANTIAL COMPLETION:
14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY and the
CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial
Completion.
14.6.2 The CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen (15) calendar days after notice
from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not
consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT shall prepare and deliver to the CITY for its execution
and recordation, the Certificate of Substantial Completion, signed by the CONSULTANT and CONTRACTOR, which shall affix the Date
of Substantial Completion.
14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow
CONTRACTOR reasonable access to complete or correct items on the “punch list”, pursuant to Paragraph 14.12 of the General
Conditions.
14.7 PARTIAL UTILIZATION:
14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision
shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged work except such as may be caused by agent or employees of the CITY.
14.7.2 Prior to Substantial Completion, the CITY, with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use
any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work.
14.7.3 Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY,
CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY
without significant interference with CONTRACTOR’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following:
14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the
CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall
certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to
issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and
CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially
complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen
(15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of
Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially
complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT
considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with
respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof
and access thereto.
14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen
(15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to
determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready
for separate operation by the CITY; CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver
such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending
final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities,
insurance, warranties and guarantees for that part of the Work which shall become binding upon the CITY and CONTRACTOR
at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so
informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall
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allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work.
14.8 FINAL INSPECTION:
14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall
make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall
immediately take such measures as necessary to remedy such deficiencies.
14.9 FINAL APPLICATION FOR PAYMENT:
14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and
operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in Paragraph
14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated
in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved
changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to
the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or
waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work.
14.10 FINAL PAYMENT AND ACCEPTANCE:
14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and
Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation; the CITY’s CONSULTANT shall promptly examine the Work and making such tests as he/she may deem
proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and
experienced professional Consultant, shall satisfy themselves that the CONTRACTOR’s statement appears to be correct and the
CONTRACTOR’s other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT’s knowledge and belief, to
conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR’s other obligations under the
Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final
Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY’s CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and
workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or
equipment used by the CONTRACTOR.
14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have
been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the
Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty
of Title and after approval of the CONSULTANT’s estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of
the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes
and warranty begins at final acceptance.
14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final
Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR.
14.11 WAIVER OF CLAIMS:
14.11.1 The making and acceptance of Final Payment shall constitute:
14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work
appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under
the Contract Documents or the Performance and Payment Bonds; and
14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time
of making an acceptance of Final Payment.
14.12 PUNCHLIST PROCEDURES:
As per Florida Statutes § 218.735(7)(a)(ii), punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows:
14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall
schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough
is to develop a preliminary punchlist (“Punchlist”) of items to be performed by the CONTRACTOR, based upon observations made jointly
between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as
defined by the Contract, again predicated upon the CONTRACTOR’s timely initiation of a request for the Substantial Completion
Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT.
14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial
Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough.
14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request
a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed
from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which
may have been damaged as a result of the CONTRACTOR’s performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist.
14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than
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thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents.
14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR
considers the Final Punchlist to be 100% complete.
14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY.
14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such
time as the Final Punchlist is 100% complete.
14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial
Completion, issue lists of identified non-conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY
generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion,
and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of
the Work.
14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist
item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(d), CITY may include
within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to
address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item.
Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon
the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion.
14.13 RETAINAGE PROCEDURES:
14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5%) percent of all monies earned by the
CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at
which 100% of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the
CONTRACTOR) has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d).
14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five (5%) percent of each progress payment, from
incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a
portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or
by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to
the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of
such retainage to those subcontractors and suppliers.
14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute, the subject of a claim
brought pursuant to Florida Statutes § 255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR.
14.13.4 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this
section.
14.13.5 Paragraph 14.13.2 do not apply to construction services purchased by the CITY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt
Payment Act.
14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is $200,000 or less.
14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one
(1%) percent per month, or the rate specified by contract, whichever is greater. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION:
______________________________________
15.1 CITY MAY SUSPEND/STOP WORK:
15.1.1 THE CITY MAY SUSPEND WORK: The CITY may, at any time and without cause, suspend the Work or any portion thereof for period of
not more than ninety (90) days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall
be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price
or an extension of the Contract Time, or both, directly attributable to any suspension, CONTRACTOR may make a claim as provided in
Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time) of the General Conditions.
15.1.2 THE CITY MAY STOP WORK: The CITY or CITY’s Representative may stop the Work or any portion thereof when it has been determined
that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal
and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop
Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or
an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation
in writing.
15.2 CITY MAY TERMINATE FOR CAUSE:
15.2.1 Upon the occurrence of any one or more of the following events:
15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as
now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under
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any other federal or state law in effect at such timing relating to CONTRACTOR’s bankruptcy or insolvency; 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code (Title 11, United States Code) as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR’s bankruptcy or insolvency;
15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose
appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such
property or for the purpose of general administration of such property for the benefit of CONTRACTOR’s creditors;
15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due;
15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to
supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established
under Paragraph 2.6 as revised from time to time);
15.2.1.7 If CONTRACTOR disregards any federal, state or local laws and or regulations of any Local Public Agency regulations that
apply.
15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT; or
15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents; 15.2.1.10 In the event of termination; the CITY may take possession of the premises and all materials, tools, and appliances, thereon
and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to
receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in
completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case
CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the
CITY to finish the Work (including additional managerial and administrative services, plus the CITY’s direct, indirect and
consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR’s default, shall be certified by the CITY’s
Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess
completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and
several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of
the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the
termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in
default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as
described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind
other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages,
loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims.
15.2.2 Where CONTRACTOR’s services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY
against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the
CITY shall not release CONTRACTOR from liability.
15.3 CITY MAY TERMINATE WITHOUT CAUSE:
15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to
the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the
CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR,
not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with
the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the
CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all
subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental
agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the
CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same.
15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION:
15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if
notified to do so by the CITY or CITY’s Project Manager, shall promptly remove any part of all of this equipment and supplies from the
property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them
at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR
has been paid in whole or in part.
15.5 CONTRACTOR MAY STOP WORK OR TERMINATE:
15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an
order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is
submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may
upon CITY’s and CONSULTANT’s receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the
Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing
contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and
other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole
discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written
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assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY
and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the
CONTRACTOR of the obligations under Paragraph 6.24 – Continuing the Work, to carry on the Work in accordance with the progress
schedule and without delay during disputes and disagreements with the CITY or CONSULTANT.
ARTICLE 16 -DISPUTE RESOLUTION
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16.1 GOOD FAITH EFFORT:
16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract, shall be resolved
through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY’s Project Manager. At all times, the CONTRACTOR
shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of
the CITY or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent
jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY’s or CITY’s Project Manager shall be decided by the CITY MANAGER or CITY MANAGER’s designee who shall reduce the decision to writing. The decision of the CITY
MANAGER or CITY MANAGER’s designee shall be final and conclusive unless determined by a court of competent jurisdiction to be
fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence.
16.2 MEDIATION:
16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to
a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the
Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall
not be admissible as evidence in any subsequent proceeding concerning the disputed issue.
ARTICLE 17 – MISCELLANEOUS: ______________________________________
17.1 GIVING NOTICE:
17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as
elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage
prepaid) return receipt requested, addressed to :
To CITY:
User Department 100 E. Ocean Avenue
Boynton Beach, Florida 33435
WITH A COPY TO: Director of Financial Services
Procurement Services Division
100 E. Ocean Avenue
Boynton Beach, Florida 33435
CONTRACTOR:
Individual or to a member of the firm or to an officer of the
corporation for whom it is intended.
17.2 COMPUTATION OF TIME:
17.2.1 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last
day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such day shall
be omitted from the computation.
17.3 NOTICE OF CLAIM:
17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or
of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to
the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall
not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions.
17.4 CULMULATIVE REMEDIES:
17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto,
and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 –
Contractor’s Responsibilities, Section 13 – Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 –
Payments to Contractor and Completion, and Section 15 – Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights
and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or
regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically
in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents
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in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract.
17.5 ACCIDENT AND PREVENTION:
17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or
cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably
necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the “Manual of Accident
Prevention in Construction” as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not
in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or
injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the
Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters.
17.6 FLORIDA PRODUCTS AND LABOR:
17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal.
17.7 EMPLOYEES:
17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a
thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades.
17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY’s Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon
the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or
threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be
authority for the CITY to annul the Contract and re-let the Project. No intoxicating substance shall be allowed at the Project Site.
17.8 NON-DISCRIMINATION:
17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment advertising; layoff or termination, rates of pay or other form of compensation; and selection
for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance.
17.9 DRUG-FEE WORKPLACE:
17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted
in their offices and available for inspection by the CITY.
17.10 PUBLIC ENTITY CRIMES:
17.10.1 Pursuant to Florida Statutes § 287.133, as amended; a person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Bid on a contract to 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 to perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity in excess of the threshold amount provided in Florida Statutes § 287.017 for CATEGORY TWO or higher for a period
of thirty-six (36) months from the date of being placed on the convicted vendor list.
17.11 ASSIGNMENT:
17.11.1 This Contract nor any monies due hereunder, or any part thereof; shall not be assigned or transferred by CONTRACTOR without written
consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due
hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge
CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract
Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer.
17.12 VENUE:
17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by
the laws of the State of Florida with venue lying in Palm Beach County, Florida.
17.13 FUNDING OUT:
17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore,
the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that:
17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the
same terms and conditions.
17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination.
17.14 CITY’s PURCHASING CARD:
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17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items needed for
daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned
purchases.
17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted
by the CONTRACTOR.
17.15 DEBARMENT:
17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The
debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the
offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period.
17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY:
17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies
regarding Drug-Free Workplace be tolerated. Violators shall be subject to immediate termination.
17.16.2 “Firearm” means any weapon (including a starter gun or antique firearm) which is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame of receiver of any such weapon; any destructive device; or any machine gun.
17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises.
17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property, such employee must be
terminated from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee, the Sub-
Contractor’s agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such
employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR’s agreement with the CITY shall be terminated.
17.17 PRODUCT RECALL:
17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seized, or
embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for human consumption by a packer, processor,
subcontractor, retailer, manufacturer, or by any state or federal regulatory agency, the CONTRACTOR shall notify the CITY’s Procurement
Services Division within two (2) business days of receiving such notice. The CITY’s acceptance or failure to reject the affected product as non-conforming shall not in any way impact, negate, or diminish the CONTRACTOR’s duty to notify the CITY, CONSULTANT and CITY’s
Procurement Services Division that the affected product has been recalled, seized or embargoed, and/or has been determined to be
misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the
name and description of the affected product; the approximate date the affected product was delivered to the CITY; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY,
if necessary to protect the health, welfare, and safety of CITY employees, and any health hazards known to the CONTRACTOR which
may be caused or created by the affected product.
17.17.2 The CONTRACTOR shall, at the option of the CITY’s Procurement Services Division, either reimburse the purchase price or provide an
equivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement
of the affected product within the time specified by the CITY, without causing significant inconvenience to the CITY.
17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal and/or handling fees to be calculated from
time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and
proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or
replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract.
17.18 RIGHTS TO BID DOCUMENTS:
17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bid (except
copyright material), shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use, at its discretion, and in
any manner it deems appropriate, any concept, idea, technique or suggestion contained therein. All copyright and industrial/commercial
proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is
protected until award of contract, in accordance with Florida Statutes, Chapter 119. Such material shall be returned to the Bidders prior
to award of contract so as to preserve the proprietary and confidential nature of its contents.
17.19 SEVERABILITY:
17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract, or the application thereof to any person or circumstances shall to any extent
be held invalid or unenforceable, the remainder of this Bid or Contract, or the application of such terms or provisions to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this
Bid/Contract shall be deemed valid and enforceable to the extent permitted by law.
17.20 VERIFICATION OF EMPLOYMENT STATUS:
17.20.1 The CITY shall not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section I324a(e) (Section274A9e) of the Immigration
and Nationality Act (INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient
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of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY.
17.21 ABBREVIATIONS AND SYMBOLS:
17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the
requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the
referenced specifications or standards, the one having the more stringent requirement shall govern.
17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents, the Contract Documents shall govern.
17.21.3 ABBREVIATIONS:
AA Aluminum Association AAA American Arbitration Association
AABC Associated Air Balance Council
AAMA Architectural Aluminum Manufacturer’s Assoc.
AASHO The American Association of State Highway Officials ABA American Bar Association
ABMA American Boiler Manufacturer’s Association
ABPA Acoustical and Board Products Association
ACI American Concrete Institute
ACPA American Concrete Pipe Association
AEIC Association of Edison Illuminating Companies
AFBMA Anti-Friction Bearing Manufacturer’s Assoc.
AGA American Gas Association AGC Associated General Contractors of America
AGMA American Gear Manufacturer’s Association
AHA American Hardboard Association
AI The Asphalt Institute AIA American Institute of Architects
AIA American Insurance Association
AIEE American Institute of Electrical Engineers (Now IEEE)
AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Condition Association ANSI American National Standard Institute
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association AREA American Railway Engineering Association
ARI American Refrigeration Institution
ASA American Standards Association (Now ANSI)
ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWI Architectural Woodwork Institute AWPA American Wood Preserver’s Association
AWPB American Wood Preserver’s Bureau
AWS American Welding Society
AWWA American Water Works Association BHMA Builders Hardware Manufacturer’s Association
BIA Brick Institute of America (Formerly, SCPI)
CDA Copper Development Association
CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America
CRSI Concrete Reinforcement Steel Institute
CS Commercial Standard
DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association
DOT Spec Standard Specification for Road and Bridge Construction, Florida
Department of Transportation
E/A Engineer and/or Architect EDA Economic Development Association
EEI Edison Electric Institute
EPA Environmental Protection Agency
FCI Fluid Control Institute FEC Florida East-Coast Railway
FDER Florida Department of Environmental Regulation
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FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light
FPS Feet Per Second
FS Federal Standards
GA Gypsum Association GPM Gallons Per Minute
HMI Hoist Manufacturer’s Institute
HP Horsepower
HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter
IEEE Institute of Electrical and Electronic Engineers
IFI Industrial Fasteners Institute
IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size
LWDD Lake Worth Drainage District
MF Factory Mutual System
MGD Million Gallons Per Day MHI Materials Handling Institute
MIL Military Specifications
MMA Monorail Manufacturer’s Association
NBFU National Board of Fire Underwriters
NBHA National Builders’ Hardware Association
NBS National Bureau of Standards
NCSA National Crushed Stone Association
NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code
NECA National Electrical Contractors’ Association
NEMA National Electrical Manufacturer’s Association
NFPA National Fire Protection Association NLA National Lime Association
NPC National Plumbing Code
NPT National Pipe Threads
NSC National Safety Council NSF National Sanitation Foundation
OD Outside Diameter
OSHA U.S. Department of Labor, Occupational Safety and Health Administration
PCA Portland Cement Association PCI Pre-stressed Concrete Institute
PS United States Products Standards
PSI Pounds per Square Inch
PSIA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge
SAE Society of Automotive Engineers
SDI Steel Decks Institute
SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer’s Association
SJI Steel Joists Institute
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association
SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council
SSPC Structural Steel Painting Council
STA Station (100 feet)
TAS Technical Aid Series TCA The Council America
TDH Total Dynamic Head
TH Total Head
UBC Uniform Building Code UL Underwriter’s Laboratories, Inc.
USACE United States Army Corps of Engineers
USASI United States of American Standards Institute
17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS
ACR Attenuation-to-Crosstalk Ration
ADA Americans with Disabilities Act AFF Above finished floor
ANSI American National Standards Institute
ASTM American Society for Testing and Materials (ASTM International)
AWG American Wire Gauge BD Building distributor (replacing main-cross connect and MDF as “building service”
(room identifiers)
BICSI® Building Industry Consulting Service International, Inc.
BTU British Thermal Unit CATV Community Antenna Television (Cable Television)
CD Campus distributor (replacing main-cross connect and MDF as “campus-wide
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service” room identifiers). Also, compact disk for storage of audio or video information. dB Decibel
EMT Electrical metallic tubing
ENT Electrical non-metallic tubing
EDPM Ethylene-polypropylene-diene membrane EF Entrance facility
EIA Electronic Industries Alliance
ELFEXT Equal Level Far End Crosswalk
EMC Electromagnetic Compatibility EMI Electromagnetic Inference
ER Equipment Room, Replacing “TR”
FMC Flexible metallic conduit
FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross-
connect, and telecommunications as “building service” room identifiers). Also, Floor
Drain as part of building plumbing system.
FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk
FOTP Fiber Optic Test Procedure
Freq Frequency
GE Ground equalizer (replacing TBBIBC)
Gnd Ground
HB Handbox, also hose bibb for water supply part of plumbing system
HC Horizontal Cross-Connect (replaced by floor distributor “FD”)
HH Handhole HVAC Heating, Ventilation, and Air-Conditioning
Hz Hertz
IC Intermediate Cross-Connect (replaced by “BD” or “FD”
IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit
ISO International Organization for Standardization
ISP Inside Cable Plant
LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit
Mbps Megabits per second
MC Main Cross-Connect (replaced by campus distributor “CD”)
MDF Main Distributor Frame (replaced by “CD” or “BD”) MER Main Equipment Room
MH Maintenance Hole
MHz Megahertz
NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Code, C2-1997
NFPA National Fire Protection Association
NDPES National Pollutant Discharge Elimination Systems
NR Network Room OSHA Occupational Safety and Health Administration
OCP Outside Cable Plant
OTDR Optical Time Domain Reflectometer
PR Pair RCDD® Registered Communications Distribution Designer
RFI Radio Frequency Interference
RH Relative Humidity
RNC Rigid nonmetallic conduit SM Single Mode
TBB Telecommunication Bonding Backbone
TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor
(replaced by ground equalizer “GE”) TE Telephone Equipment (Wall Mounted Equipment Rack)
TGB Telecommunications Grounding Buss Bar
TIA Telecommunications Industry Association
TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room (being replaced with “ER”)
UL Underwriters Laboratory
UPS Uninterruptible Power Supply
WAO Work Area Outlet
17.21.5 UNITS OF MEASURE
Weights and Measures shall be identified by Weights and Measures Division, NIST., U.S. Department of Commerce, 100 Bureau Drive,
Stop 2600, Gaithersburg, MD 20899-26.
END OF SECTION
401
Pumping Station #708 Rehabilitation Project – Minor Construction 65
SPECIFICATIONS & TECHNICAL REQUIREMENTS
PRE-QUALIFIED CONTRACTORS FOR MINOR
UTILITY CONSTRUCTION SERVICES
RFQ 028-2821-19/MFD
PUMPING STATION #708 REHABILITATION PROJECT
TASK ORDER # LS-20-2024
402
Pumping Station #708 Rehabilitation Project – Minor Construction 66
PUMPING STATION #708 REHABILITATION PROJECT
Task Order No.: LS-20-2024
SPECIFICATIONS AND TECHNICAL REQUIREMENTS
DIVISION 1
SC01000 General Requirements
SC01010 Summary of Project
SC01025 Measurement and Payment Procedures
SC01027 Applications for Payments
SC01041 Project Coordination
SC01070 Abbreviations and Symbols
SC01110 Environmental Protection Procedures
SC01153 Change Order Procedures
SC01200 Project Meetings
SC01310 Progress Schedules
SC01330 Submittal Procedures
SC01340 Shop Drawings, Work Drawings and Samples
SC01370 Schedule of Values
SC01380 Construction Photographs
SC01390 Video and Photographic Site Survey
SC01400 Quality Requirements
SC01505 Mobilization
SC01540 Security and Safety Procedures for Infrastructure Projects
SC01570 Maintenance of Traffic
SC01580 Project Identification and Signs
SC01600 Material and Equipment
SC01630 Substitutions and Product Options
SC01700 Contract Closeout
SC01720 Project Record Documents
SC01800 Miscellaneous Work and Cleanup
DIVISION 2
SC02084 Wet Wells
SC02230 Site Clearing
SC02536 Force Mains
SC02734 Flow Bypass Pumping
SC02960 Restoration
DIVISION 3
SC03930 Concrete Rehab
END OF SECTION
403
Pumping Station #708 Rehabilitation Project SC01000-67 GENERAL REQUIREMENTS
SECTION 01000 - GENERAL REQUIREMENTS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: The work to be done consists
of the furnishing of all labor, materials and
equipment, and the performance of all work
included in this Contract. The summary of the
Work is presented in Section SC01010:
Summary of Project.
B. Work Included:
1. The Contractor shall furnish all labor,
superintendence, materials, plant power,
light, heat, fuel, water, tools, appliances,
equipment, supplies, and means of
construction necessary for proper
performance and completion of the work.
The Contractor shall perform and
complete the work in the manner best
calculated to promote rapid construction
consistent with safety of life and property
and to the satisfaction of the Consultant,
and in strict accordance with the Contract
Documents. The Contractor shall clean
up the work and maintain it during and
after construction, until accepted, and
shall do all work and pay all costs
incidental thereto. The CONTRACTOR
shall repair or restore all structures and
property that may be damaged or
disturbed during performance of the
work.
2. The cost of incidental work described in
these Contract Requirements, for which
there are no specific Contract Items, shall
be considered as part of the general cost
of doing the work and shall be included in
the prices for the various Contract Items.
No additional payment will be made
aforementioned incidental work.
3. The Contractor shall provide and
maintain such modern plant, tools, and
equipment as may be necessary, in the
opinion of the Consultant, to perform in a
satisfactory and acceptable manner all
the work required by this Contract. Only
equipment of established reputation and
proven efficiency shall be used. The
Contractor shall be solely responsible for
the adequacy of its workmanship,
materials, and equipment.
1.02 CONTRACT DOCUMENTS
A. The Technical Specifications consist of three
(3) parts: General, Products and Execution.
The General part of a Specification contains
General Requirements which govern the work.
Products and Execution Parts modify and
supplement the General Requirements by
detailed requirements for the work and shall
always govern whenever there appears to be
a conflict.
B. Intent:
1. Work not specified in the Specifications, but
involved in carrying out their intent or in the
complete and proper execution of the work, is
required and shall be performed by the
Contractor as though it were specifically
delineated or described.
2. The silence of the Specifications as to any
detail, or the omission from them of a detailed
description concerning any work to be done
and materials to be furnished, shall be
regarded as meaning that only the best
general practice is to prevail and that only
material and workmanship of the best quality
is to be used, the interpretation of these
Specifications shall be made upon that basis.
1.03 MATERIALS AND EQUIPMENT
A. Manufacturer:
1. All transactions with the manufacturers or
subcontractors shall be through the
Contractor.
2. Any two (2) or more pieces of material or
equipment of the same kind, type or
classification, and being used for identical
types of service, shall be made by the same
manufacturer.
B. Delivery:
1. The Contractor shall deliver materials in ample
quantities to insure the most speedy and
uninterrupted progress of the work so as to
complete the work within the allotted time.
2. The Contractor shall also coordinate deliveries
in order to avoid delay in, or impediment of, the
progress of the work of any related Contractor.
1.04 INSPECTION AND TESTING
A. General:
1. For tests specified to be made by the
Contractor, the testing personnel shall
make the necessary inspections and
tests and the reports thereof shall be in
such form as will facilitate checking to
determine compliance with the Contract
Documents. Five (5) copies of the
reports shall be submitted and
authoritative certification thereof must be
furnished to the Consultant as a
prerequisite for the acceptance of any
material or equipment.
2. If, in the making of any test of any
material or equipment, it is ascertained
by the Consultant that the material or
equipment does not comply with the
Contract Documents, the Contractor will
be notified thereof and he will be directed
to refrain from delivering said material or
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Pumping Station #708 Rehabilitation Project SC01000-68 GENERAL REQUIREMENTS
equipment, or to remove it promptly from
the site or from the work and replace it
with acceptable material, without cost to
the CITY.
3. Tests of electrical and mechanical
equipment and appliances shall be
conducted in accordance with the
recognized federal, state and local law
test codes and manufacturer
recommendation.
B. Costs:
1. All inspection and testing of materials
furnished under this Contract will be provided
by the Contractor, unless otherwise expressly
specified.
2. Materials and equipment submitted by the
Contractor as the equivalent to those
specifically named in the Contract may be
tested by the CITY for compliance. The
Contractor shall reimburse the CITY for the
expenditures incurred in making such tests of
materials and equipment which are rejected
for non-compliance.
C. Certificate of Manufacture:
1. Contractor shall furnish Consultant
authoritative evidence in the form of Certificate
of Manufacture that the materials to be used in
the work have been manufactured and tested
in conformity with the Contract Documents
upon Project completion.
2. These certificates shall be notarized and shall
include copies of the results of physical tests
and chemical analyses, where necessary, that
have been made directly on the product or on
similar products of the manufacturer.
D. Start-up Tests
1. As soon as conditions permit, the Contractor
shall furnish all labor, materials, and
instruments and shall make start-up tests of
equipment.
2. If the start-up tests disclose any equipment
furnished under this Contract which does not
comply with the requirements of the Contract
Documents, the Contractor shall, prior to
demonstration tests, make all changes,
adjustments and replacements required. The
furnishing Contractor shall assist in the start-
up tests as applicable.
1.05 CARE AND PROTECTION OF PROPERTY
The Contractor shall be responsible for the
preservation of all public and private property, and
shall use every precaution necessary to prevent
damage thereto. If any direct or indirect damage is
done to public or private property by or on account
of any act, omission, neglect, or misconduct in the
execution of the work on the part of the Contractor,
such property shall be restored by the contractor, at
his expense, to a condition similar or equal to that
existing before the damage was done, or he shall
make good the damage in other manner acceptable
to the Consultant.
1.06 MEASUREMENT AND PAYMENT
Payments will be made on completion of each
phase of the Work and acceptance by the CITY
shall be made pursuant to this Contract.
1.07 WORKING HOURS:
1. Working on this Contract shall be conducted
during normal working hours (7:00 AM to 5:00
PM) on weekdays. Unless otherwise
authorized in writing by the Project Manager,
no work shall be performed on weekends, on
City observed holidays or between 5:00 PM
and 7:00 AM on weekdays.
2. Construction observation and/or inspection
services needed beyond normal working
hours as defined above, shall be paid for by
the Contractor at an hourly rate of $100.00 for
each inspector providing such services.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
405
Pumping Station #708 Rehabilitation Project SC01010-69 SUMMARY OF PROJECT
SECTION 01010 - SUMMARY OF PROJECT
PART 1 - GENERAL
1.01 WORK COVERED BY CONTRACT
DOCUMENTS/REQUIREMENTS INCLUDED
The work under this project consists of: The CITY of Boynton
Beach is seeking the services of a qualified Contractor to
Rehabilitate Pumping Station #708. The work includes, but is
not limited to furnishing all labor, materials, equipment,
maintenance of traffic, and by-pass pumping to remove and
replace pumping station piping and wet well sealcoating. The
work also includes the removal and disposal of accumulated
debris, site cleanup, restoration, and all incidentals as
required to complete the work. All work will be completed in
accordance to the technical specifications.
A.
C. Omission of a specific item or component of a
system obviously necessary for the proper
functioning of the equipment or system shall
not relieve the Contractor of the responsibility
of furnishing the item as part of the work at no
additional expense to the Owner.
D. Except as specifically noted elsewhere,
Contractor(s) shall provide and pay for all
labor, materials, equipment, tools,
construction equipment and machinery,
transportation, water, heat, utilities, and
temporary facilities necessary for the proper
execution and completion of work.
E. Concurrent with the installation of the water
main, drainage or sanitary sewer
improvements and when shown on the project
construction drawings, the work includes
swale development and improvements on
both sides of the streets in the project area.
Work includes re-grading, driveway apron
reconstruction and all surface restoration.
F. Restoration shall immediately follow the
acceptance of required system testing and be
performed as required by Section 02960
RESTORATION OF SURFACE
IMPROVEMENTS.
1.02 RELATED REQUIREMENTS
A. Section SC01025: Measurement and
Payment
B. Construction Facilities and Temporary
Controls: Section SC01500
C. Restoration of Surface Improvements: Section
SC02960
1.03 CONTRACTS
A. Construct the Work in accordance with
Section SC01025: Measurement and
Payment Procedures.
1.04 CONTRACTOR’S USE OF SITE/PREMISES
A. Contractor shall limit their use of the premises
for Work and storage, to the areas designated.
B. Coordinate use of premise under direction of
CITY and/or Consultant.
C. Assume full responsibility for the protection
and safekeeping of Products under this
Contract, stored on the site.
D. Move any stored Products, under Contractor’s
control, which interfere with operations of the
CITY, other contractors or the general public.
1.05 SAFETY AND OSHA COMPLIANCE
A. The Contractor shall comply in all respects
with all Federal, State and Local safety and
health regulations. Copies of the Federal
regulations may be obtained from the U.S.
Department of Labor, Occupation Safety and
Health Administration (OSHA), Washington,
DC 20210 or their regional offices.
B. The Contractor shall comply in all respects
with the applicable Workman’s Compensation
Laws.
PART 2 – PRODUCTS
2.1 All materials are to be MADE IN THE UNITED
STATES OF AMERICA. Allowable exceptions are
ductile iron fittings supplied by American Cast Iron
Pipe Company from Brazil, Sigma Corporation from
China, and Star-Pipe Products from the United
States and China; and Electronic Marking System
(EMS) full-range makers by 3M from Mexico.
2.2 SALVAGED MATERIALS
In the absence of special provisions to the Contract,
salvaged materials, equipment or supplies that
occur are the property of the CITY and shall be
cleaned, stored and delivered to the CITY as
directed by the CITY’s Project Manager.
2.3 CERTIFIED CHEMICALS
The Contractor shall use U.S. Department of
Agriculture certified chemicals only during
performance of all work under this contract. All
chemicals used during project construction or
furnished for project whether herbicide, pesticide,
disinfectant, polymer, reactant or other
classification, must show approval of either EPA or
USDA and be accompanied by an MSDS. Use of all
such chemicals and disposal of residue shall be in
strict conformance with manufacturer’s instructions.
PART 3 – EXECUTION
3.1 CONTRACTOR SUPERVISION
A. As required by the Contract Documents, the
Contractor’s Project Representative
(Superintendent) shall be on site at all times
and actively engaged in controlling and
coordinating all on site project activities
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Pumping Station #708 Rehabilitation Project SC01010-70 SUMMARY OF PROJECT
including direction and oversight of self-
performed and subcontractor work activities.
B. The Superintendent/Contractor’s Project
Representative shall have the full authority to
receive instructions to execute the orders or
directions of the CITY and Consultant.
3.2 GENERAL
A. The Contractor shall, prior to entering any
section, prepare Pre Construction video and
digital photographs, in accordance with
Section 01390 VIDEO SITE SURVEY, of each
property and Right-of-Way (ROW) areas to
determine existing site conditions. Together
the video and photographs will provide the
basis for the condition of restoration required
in Section 02960 RESTORATION OF
SURFACE IMPROVEMENTS.
B. The Contractor shall notify all property owners
/ residents forty-eight (48) hours prior to
working in public Rights-of-Way or easements
affecting or adjoining their properties.
Notification shall be by hand-delivered flyer
that shall contain the following information:
1. Project Name
2. Date of Commencement
3. Description of Work
4. Name of Contractor
5. Name of Contractor's Representative
6. Local Phone Number of Contractor's
Representative
The CITY must approve the Contractor’s
notification prior to issuance. Contractor must
submit Contractor’s Notification to CITY and
CONSULTANT in writing within one (1) week
prior to working in public Right-Of-Ways
(ROW) or easements affecting for adjoining
property owner’s property.
C. The Contractor shall, prior to the removal
of any fences, erect temporary fences to
secure the owner's property. These
temporary fences shall be of 4' high
woven wire (2" x 4" grid), on the T line
post 10' on centers. These fences shall
run along the easement line and will
remain in place until the permanent fence
is re-erected.
D. The Contractor shall not start major
construction activities, such as pipeline
and structure excavations, or preparation
for major activities, such as setting
wellpoints and header pipe, just prior to
extended holiday periods such as the
typical week taken off at the end of each
year.
3.3 NPDES COMPLIANCE
A. Prior to the commencement of work, the
Contractor must obtain the permit coverage
for stormwater discharge from large and small
construction activities and must implement
appropriate pollution prevention techniques
and SWPPP to minimize erosion and
sedimentation to properly manage the
stormwater runoff. The Contractor shall
prepare a NPDES Site Plan including
sketches and Best Management Practice
procedures for review and comment from the
Project Manager. The NPDES Site Plan shall
include the control of stormwater, ground
water and subsurface water during dewatering
operations.
(DEP adopted Rule 62-621.300 (4),
F.A.C., with specific provisions for
requesting permit coverage for the
management of stormwater discharge
from large and small construction
activities.)
B. The permit coverage for construction activities
is to be obtained by submitting DEP form 62-
621.300 (4) (b) Notice of Intent (NOI) to Use
Generic Permit for Stormwater Discharge from
Large and Small Construction Activities and
by preparing and implementing a Stormwater
Pollution Prevention Plan (SWPPP). After
construction is complete, Notice of
Termination (NOT) to discontinue the permit
coverage is to be submitted by utilizing form
62-621.300 (6).
C. For additional information contact NPDES
Stormwater Section at:
Florida Department of Environmental
Protection
Tallahassee, FL 32399-2400
(850) 921-9904
3.4 PROTECTION OR REMOVAL OF UTILITY LINES
A. Prior to construction the Contractor shall
locate for physical location, elevation and
dimensions and adequately uncover existing
utilities, (within the path of its proposed work),
to determine possible conflicts. By starting
underground constructions, the Contractor
has agreed that it is fully responsible for any
and all damages and/or delays that may arise
from not having adequately locating the
underground utilities. This applies to
underground utilities that are shown on the
project construction drawings and those that
have been physically marked in the field by the
various locating organizations or agencies.
B. Information provided on the plans may be
used as an approximate guide to assist the
Contractor, however, the Contractor shall rely
on actual field investigation to assure that all
of the existing utilities are accurately located
prior to commencement of its work.
C. Existing structures reflect the best available
information, but it shall be the Contractor's
responsibility to acquaint itself with all
information and to avoid conflict with existing
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Pumping Station #708 Rehabilitation Project SC01010-71 SUMMARY OF PROJECT
conditions. Contractor shall protect all existing
utility lines that are to be retained, or utility line
constructed during excavation operations,
from damage during excavation and
backfilling; if damaged, repair at Contractor's
expense.
D. Existing Utility Lines to be Retained:
Contractor shall repair damaged lines that are
not shown on drawings, or locations of which
are not known to Contractor in sufficient time
to avoid further damage.
E. Uncharted or incorrectly charted underground
utilities that are discovered during construction
shall be incorporated into the project As-Builts
with vertical and horizontal coordinates.
F. Prior to commencement of any excavation, the
Contractor shall comply with Florida Statute
553.851 for the protection of underground gas
lines and underground telecommunication
lines.
END OF SECTION
408
Pumping Station #708 Rehabilitation Project SC01025-72 MEASUREMENT AND PAYMENT PROCEDURES
SECTION 01025 - MEASUREMENT AND PAYMENT PROCEDURES
PART 1 GENERAL
1.01 GENERAL
A. The Contractor shall receive and accept
the compensation provided in the Bid and
the Contract as full payment for
furnishing all materials, labor, tools and
equipment, for performing all operations
necessary to complete the work under
the Contract, and also in full payment for
all loss or damages arising from the
nature of the work, or from any
discrepancy between the actual
quantities of work and quantities herein
estimated by the CONSULTANT, or from
the action of the elements or from any
unforeseen difficulties which may be
encountered during the prosecution of
the work until the final acceptance by the
CITY.
B. The prices stated in the Bid include all
costs and expenses for taxes, labor,
equipment, materials, commissions,
transportation charges and expenses,
patent fees and royalties, labor for
handling materials during inspection,
together with any and all other costs and
expenses for performing and completing
the work as shown on the Drawings and
specified herein. The basis of payment
for an item at the unit price shown in the
proposal shall be in accordance with the
description of that item in this Section.
C. The Contractor's attention is again called
to the fact that the quotations for the
various items of work are intended to
establish a total price for completing the
work in its entirety. Should the
Contractor feel that the cost for any item
of work has not been established by the
Bid Form or Payment Items, he shall
include the cost for that work in some
other applicable bid item, so that his
proposal for the project does reflect his
total price for completing the work in its
entirety.
1.02 MEASUREMENT
A. The quantities for payment under this Contract
shall be determined by actual measurement of
the completed items, in place, ready for
service and accepted by the CITY, in
accordance with the applicable method of
measurement therefore contained herein.
1.03 AUTHORITY
A. Measurement methods delineated in the FDOT
Standard Specifications for Road and Bridge
Construction 2000 Edition, or the individual
specification sections complement the criteria
of this section. In the event of conflict, the
Contractor shall notify the CITY in writing. In
determining the resolution, the CITY shall
consider the requirement of the individual
specification section, FDOT requirements and
this Section.
B. Any requirements of the Contract Documents,
i.e., technical specifications or project
construction drawings for which the method of
payment is not explicitly defined are considered
to be incidental costs and should be included in
other pay items as appropriate.
1.04 RELATED SECTIONS:
A. Testing Allowance
B. Applications for Payments: Section SC1027
C. Shop Drawings, Working Drawings, and
Samples – Section SC01340
D. Schedule of Values: Section SC01370
E. Change Order Procedures: Section SC01153
F. Field Engineering: Section SC01050
G. Record Drawing Requirements – Section
SC01705
1.05 ALLOWANCES – (N/A)
1.06 SCHEDULE OF VALUES
A. Schedule of Values shall be generated by the
CITY and included with the Bid.
B. The CITY may issue a Field Order substituting
or modifying Schedule of Value items.
1.07 APPLICATIONS FOR PAYMENT
A. Submit four (4) original Applications for
Payment (AFP). After certification by the
CONSULTANT, the CONSULTANT will retain
one (1) copy, one (1) copy will be returned to
the Contractor and three (3) copies will be
forwarded to the CITY for review,
authorization and processing.
B. Content and Format: Utilize Schedule of
Values for listing items in Application for
Payment outlining the following:
1. Provide a column for each of the
following:
a. Item Number
b. Item Description
c. Quantity
d. Unit of measurement
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Pumping Station #708 Rehabilitation Project SC01025-73 MEASUREMENT AND PAYMENT PROCEDURES
e. Scheduled Value
f. Change Orders
g. Work Completed:
1. Previous Period (Quantity and
Value)
2. This Period (Quantity and
Value)
h. To Date (Quantity and Value)
i. Percentage of Completion
j. Balance to Finish
k.. Retainage
NOTE: There is no column for “Materials
Stored”, the CITY does not pay for items
ordered and/or stored on site. As defined
later in this Section, payment for pay
items are paid for once the item is
installed, measured in place, completed
and accepted.
C. Application for Final Payment must be marked
FINAL. Contractor must include in the FINAL
AFP package, proof of payment and final
settlement with the CITY with regards to any
temporary and/or construction water meters
used during the course of the project.
D. When existing Right-Of-Way (ROW) irrigation
must be disturbed due to pipeline installation
or swale development, any existing irrigation
lines shall be marked on the Contractors
drawings prior to or at the time of temporary
cutting-&-capping. The replacement of
existing irrigation in the Public Right-Of-Way
as the result of pipeline installation or swale
development is NOT a pay item. Replacement
of existing ROW irrigation shall be incidental
to the Unit Price of the pipeline or swale
development.
1.08 MEASUREMENT OF AND PAYMENT FOR WORK
A. Monthly Payments to the Contractor. The
Contractor shall plan its work for construction
on the basis of twelve (12) monthly pay
periods per year. So long as the work is
prosecuted in compliance with the provisions
of the Contract, the Contractor will, on or about
the last day of the pay period, make an
approximate estimate, in writing on a form
approved by the CITY of the proportionate
value of the work done, items, and locations of
the work performed up to and including the last
day of the period then ending. The
CONSULTANT will then review such estimate
and make the necessary recommendations to
the Contractor for revision. The Contractor
shall revise the Application for Payment and
resubmit to the CONSULTANT for review and
Certification. Redlined Applications for
Payment will not be accepted by the CITY.
If the Contractor and the CONSULTANT do
not agree on the approximate estimate of the
proportionate value of the work done for any
pay period, the determination of the
CONSULTANT shall be binding. The amount
of such estimate after deducting ten percent
(10%) and all previous payments, shall be due
and payable to the Contractor in accordance
with the Florida Prompt Payment Act, §218.70
Florida Statutes, as may be amended from
time to time.
B. Substantiating Data: When the
CONSULTANT requires substantiating
information, Contractor shall submit data
justifying quantities and dollar amounts in
question. Contractor shall provide three (3)
copies of data with cover letter for each copy
of submittal showing application number and
date, and line item by number and description.
1.09 MEASUREMENT AND PAYMENT - UNIT PRICES
A. Measurement methods delineated in
individual specification sections complement
criteria of this section. In event of conflict,
requirements of individual specification
section govern.
B. Contractor shall take daily and weekly
measurements and compute quantities. The
Contractor shall review and sign these daily
and weekly measurements with the
CONSULTANT. The CONSULTANT shall
also sign-off on the weekly measurement
sheets indicating the CONSULTANT’s
progressive concurrence with the quantities.
The Contractor shall transmit the signed-off
weekly measurement sheets to the
CONSULTANT. These measurement sheets
shall be used to form the basis of the
quantities claimed on the Application For
Payment.
C. Unit Quantities
1. Quantities indicated in the Schedule of
Bid Items are for bidding and contract
purposes only. Quantities and
measurements supplied or placed in the
Work and verified by the Consultant and
CITY determine payment.
2. If the actual Work requires more or fewer
quantities than those quantities indicated
in the bid items, Contractor shall provide
the required quantities at the unit
sum/prices contracted.
D. Payment Includes: Full compensation for
required labor, products, tools, equipment,
facilities, transportation, services and
incidentals; erection; application or installation
of an item of the Work; and overhead and
profit.
E. Final payment for Work governed by unit
prices will be made on the basis of the actual
measurements and quantities accepted by the
CONSULTANT and CITY, multiplied by the
unit sum/price for Work, which is incorporated
in or made necessary by the Work.
1.10 Measurement of Quantities:
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Pumping Station #708 Rehabilitation Project SC01025-74 MEASUREMENT AND PAYMENT PROCEDURES
A. Weigh Scales: Inspected, tested and certified
by the applicable State of Florida Weights and
Measures department within the past year.
B. Platform Scales: Of sufficient size and
capacity to accommodate the conveying
vehicle.
C. Metering Devices: Inspected, tested and
certified by the applicable State of Florida
Weights and Measures Department within the
past year.
D. Measurement by Weight: Concrete reinforcing
steel rolled or formed steel or other metal
shapes will be measured by handbook
weights. Welded assemblies will be
measured by handbook or scale weight.
E. Measurement by Volume: Measured by cubic
dimension using mean length, width and
height or thickness.
F. Measurement by Area: Measured by square
dimension using mean length and width or
radius.
G. Linear Measurement: Measured by linear
dimension, at the item centerline. Minor
offsets (less than a total of five (5) feet) will not
be measured for payment. Measurement
shall be along the horizontal axis at finished
grade.
H. Stipulated Sum/Price Measurement: Items
measured by weight, volume, area, or linear
means or combination, as appropriate, as a
completed and accepted item or unit of the
Work.
I. Payment for Work does not indicate
acceptance. Work items previously paid for
may require additional work effort to bring
them into compliance with the requirements of
the specific technical specifications and/or
project drawings.
1.11 UNIT OF MEASURE – SCHEDULE OF BID
PRICES
A. Payment for furnishing and installing those items
cited in the Schedule of Bid Items and
subsequent Schedule of Values is noted herein.
If “remove and replace” is indicated on the
project construction drawings (by either
annotation or line weight), then the item
descriptions below include the removal and
proper disposal of the existing items.
B. Mobilization/Demobilization – Bid Items No. 1
1. Payment for the General Conditions shall
be made per item and shall be full
compensation for preparatory work and
operations in mobilizing and demobilizing
for the project including but not limited to,
those operations necessary for the
movement of personnel, equipment,
supplies and incidentals to and from the
project site, Maintenance of Traffic, for
establishment of temporary offices,
buildings, safety equipment, sanitary and
other facilities and compliance with permit
conditions for permits secured by either the
Owner or Contractor. This pay item shall
include all General Requirements not listed
as separate items. The cost of bonds,
required insurance, permits and any other
pre-construction expense necessary for the
start of the work shall also be included in the
General Conditions.
2. MOT plans shall be required for work within
City of Boynton Beach R-O-W.
C. Professional Pre/Post Construction
Photos/Videos – Bid Item No. 2
1. Payment for Audio Video Documentation
shall be made at the contract lump price and
shall be full compensation for Audio Video
Documentation as specified in technical
specifications 01390 VIDEO AND
PHOTOGRAPHIC SITE SURVEY and the
requirements of this technical specification.
D. Maintenance of Traffic - Bid Item No. 3
1. The quantity to be paid for under this
section shall be on a lump sum basis
(LS).
2. The contract unit price shall include
compensation for required labor,
materials, and equipment necessary
to keep roadways and property
accesses in service during
construction activities in accordance
with the Contract Documents.
3. This item includes maintenance of
traffic plan, traffic control, flagman,
detour signs, barricades, advance
warning arrow panels, temporary
signage, construction and removal of
temporary access driveways to
residential homes, commercial
material for driveway maintenance,
etc. in order to provide safety and
traffic access in accordance with local
and state requirements.
E. Indemnification- Bid Item No. 4
1. Payment under this item is in
accordance with of the Front-End
Contract Documents.
F. Furnish and Install Ductile Iron Pump Station
Piping- Bid Item No. 5
1. Method of Measurement: The quantity to
be paid for under this section shall be for a
Lump Sum (LS).
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Pumping Station #708 Rehabilitation Project SC01025-75 MEASUREMENT AND PAYMENT PROCEDURES
2. Basis of Payment: Payment shall be at the
Contract Unit Price and shall include, but not
be limited to, furnishing all materials, labor,
and equipment required to install all pump
station piping, fittings, pipe supports,
coatings, painting, accessories, cleanup and
all necessary appurtenances, as shown on
the mechanical drawings necessary to
provide a complete and working installation
as called for in the construction plans and
specifications.
G. Temporary Pump Station By-Pass- Bid Item No.
6
1. Payment for this item shall include all
necessary labor and materials to by-
pass the existing pump station for
installation of the pump station
mechanical and electrical equipment
and all other work requiring temporary
deactivation of the existing pump
station.
2. This item shall be paid at the Contract
unit as a Lump Sum (LS)
H. Wet Well Sealcoating- Bid Item No. 7
1. This item shall be paid at the contract
unit as a Lump Sum (LS)
* SPECIAL NOTE:
The CITY retains the option to utilize up to 20% of the
excess material from excavation and trenching operations.
If the CITY exercises this option, Contractor shall stockpile
the excess material and deliver to the CITY’s facility as
directed by the CITY’s Representative.
END OF SECTION
412
Pumping Station #708 Rehabilitation Project SC01027-76 APPLICATION FOR PAYMENTS
SECTION 01027 - APPLICATIONS FOR PAYMENTS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Submit Applications for
Payment to the CONSULTANT in accordance
with schedule established by Conditions of the
Contract and Agreement between CITY and
Contractor.
B. Related requirements described elsewhere:
1. Agreement:
2. Application for Payment Form.
3. Progress Schedules: Section SC01310.
4. Schedule of Values: Section SC01370
5. Construction Photographs: Section
SC01380.
6. Contract Closeout: Section SC01700.
7. Project Record Documents: Section
SC01720.
1.02 FORMAT REQUIRED
A. Submit applications typed on form acceptable
to CITY, Documents (Application for Payment
Form), with itemized data typed on 8-1/2 inch
x 11 inch or 8-1/2 inch x 14-inch white paper
continuation sheets.
1.03 PREPARATION OF APPLICATION FOR EACH
PROGRESS PAYMENT
A. Application Form:
1. Fill in required information, including that
for Change Orders executed prior to date
of submittal of application.
2. Fill in percent complete for each activity
and dollar value to agree with respective
percents.
3. Execute certification with signature of a
responsible officer of Contract firm.
B. Continuation Sheets:
1. Fill in total list of all scheduled component
items of work, with item number and
scheduled dollar value for each item.
2. Fill in dollar value in each column for
each scheduled line item when work has
been performed. Round off values to
nearest dollar, or as specified for
Schedule of Values.
3. List each Change Order executed prior to
date of submission, at the end of the
continuation sheets. List by Change
Order Number, and description, as for an
original component item of work.
4. As provided for in the "Application for
Payment" form, the Contractor shall
certify, for each current pay request, that
all previous progress payments received
from the CITY, under this Contract, have
been applied by the Contractor to
discharge in full all obligations of the
Contractor in connection with Work
covered by prior Applications for
Payment, and all materials and
equipment incorporated into the Work
are free and clear of all liens, claims,
security interest and encumbrances.
Contractor shall attach to each
Application for Payment like affidavits by
all subcontractors.
1.04 SUBSTANTIATING DATA FOR PROGRESS
PAYMENTS
A. Contractor shall submit suitable information,
with a cover letter identifying:
1. Project.
2. Application number and date.
3. Detailed list of enclosures.
B. Submit one (1) copy of data and cover letter
for each copy of application.
C. The Contractor is to maintain an updated set
of drawings to be used as record drawings in
accordance with Section SC01720: Project
Record Documents. As a prerequisite for
monthly progress payments, the Contractor is
to submit the updated record drawings for
review by the CITY and the CONSULTANT.
D. Each monthly application for payment shall
incorporate the corresponding "monthly
progress status report" prepared per the
requirements of Section SC01310: Progress
Schedules.
E. Contractor shall submit a duly executed letter
from surety consenting to payment due and
progress to date.
F. Provide construction photographs in
accordance with Section SC01380:
Construction Photographs.
1.05 PROGRESS PAYMENT PROCEDURES
A. The Contractor will prepare and submit one (1)
original monthly invoice for work completed
during the one-month period. Application for
Payment shall be submitted in the format of
the sample form provided by the CITY. All
information must be completed for the pay
application to be accepted. CITY’s purchase
order number for the project must be placed
on each application. The Application for
Payment must be submitted at least three (3)
days in advance in an electronic format for
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Pumping Station #708 Rehabilitation Project SC01027-77 APPLICATIONS FOR PAYMENTS
review by the CITY and CONSULTANT for
approval. Redlined Applications for
Payment will not be accepted by the CITY.
B. If the Application for Payment and support
data are not approved, the Contractor is
required to submit new, revised or missing
information according to the CONSULTANT’s
instructions. Otherwise, the Contractor shall
prepare and submit to the CITY or
CONSULTANT an invoice in accordance with
the estimate as approved. CITY will pay
Contractor, in accordance with Florida Prompt
Payment Act, §218.70, Florida Statutes, as
may be amended from time to time.
C. Each Application For Payment shall be
accompanied by an updated project schedule
(three-week ahead schedule) along with the
Construction/Progress photographs and
Project Record Drawings in accordance with
Section SC01720: PROJECT RECORD
DOCUMENTS and SC01380:
CONSTRUCTION PHOTOGRAPHS or as
directed by the CITY. Any Application For
Payment that is received without these items
will be returned to the Contractor without
review.
D. The Contractor shall prepare a schedule of
values by phases of work to show a
breakdown of the Contract Sum
corresponding to the payment request
breakdown and progress schedule line items.
The schedule of values must also show dollar
value for each unit of work scheduled.
Approved Change Order items shall be added
as separate line items.
E. Prior to initial payment request, the
Contractor shall submit the following
documents to the CITY and Consultant for
their review and approval:
1. List of principle subcontractors and
suppliers.
2. Schedule of values.
3. Shop drawing log.
4. Project schedule.
1.06 PREPARATION OF APPLICATION FOR FINAL
PAYMENT
A. Fill in Application form as specified for
progress payments. Provide information as
required by the General Conditions and
Section SC01700: Contract Closeout.
B. Furnish evidence of completed operations
insurance in accordance with the General
Conditions.
C. Provide Final Release of Lien and other
closeout submittals as required by the General
Conditions.
1.07 SUBMITTAL PROCEDURES
A. Submit Applications for Payment to the CITY
at the time stipulated in the Agreement.
Review the percents complete with the
CONSULTANT and resolve any conflicts or
discrepancies.
B. Number of copies for each Final Application
for Payment:
1. CITY: One (1) copy.
2. CONSULTANT: One (1) copy
C. When the CONSULTANT finds Application
properly completed and correct, it will transmit
the certificate for payment to the CITY, with
copy for the Contractor.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.01 Upon receipt by CONSULTANT and CITY of
Contractor’s written Notice of Final Completion of
its work under this Contract, CONSULTANT and
CITY shall verify all work has been completed on
the project. When all work has been verified as
complete, and the Contractor submits the items
listed below, the Contractor may submit a final
Application for Payment:
A. Complete work listed as incomplete at the
time of Substantial Completion and obtain
CONSULTANT certification of completed
Work.
B. Provide copy of records indicating notification
to all subcontractors and material suppliers of
Contractor’s Performance and Payment
Bonds.
C. Transfer operational, access, security and
similar provisions to CITY; remove temporary
facilities, tools and similar items.
END OF SECTION
414
Pumping Station #708 Rehabilitation Project SC01041-78 PROJECT COORDINATION
SECTION 01041 - PROJECT COORDINATION
PART I – GENERAL
1.01 REQUIREMENTS INCLUDED
A. The Contractor shall:
1. Coordinate work of its employees
and subcontractors.
2. Expedite its work to assure
compliance with schedules.
3. Coordinate its work with that of work
by CITY.
4. Comply with orders and instructions
of CONSULTANT.
1.02 RELATED REQUIREMENTS
A. Section SC01010: Summary of Project.
B. Section SC01027: Applications for
Payment.
C. Section SC01200: Project Meetings.
D. Section SC01310: Progress Schedules.
E. Section SC01340: Shop Drawings, Work
Drawings and Samples.
F. Section SC01500: Construction Facilities
and Temporary Controls.
G. Section SC01700: Contract Closeout.
1.03 CONSTRUCTION ORGANIZATION &
START-UP
A. CONSULTANT shall establish on-site
lines of authority and communications:
1. Schedule and conduct pre-
construction meeting and progress
meetings as specified in Section
SC01200: PROJECT MEETINGS.
2. Establish procedure for:
a. Submittals
b. Reports and records
c. Recommendations
d. Coordination of drawings
e. Schedules
f. Resolution of conflicts
3. Interpret Contract Documents:
a. Transmit written
interpretations to Contractor,
and to other concerned
parties.
4. Assist in Obtaining permits and
approvals:
a. Verify that Contractor and
subcontractors have obtained
inspections for Work and for
temporary facilities.
5. Control the use of Site:
a. Allocate space for Contractor’s
use for field offices, sheds, and
work and storage areas.
6. Inspection and Testing:
a. Inspect work to assure
performance in accord with
requirements of Contract
Documents.
b. Administer special testing and
inspections of suspect Work.
c. Reject Work, which does not
comply with requirements of
Contract Documents.
d. Coordinate Testing Laboratory
Services:
1. Verify that required
laboratory personnel are
present.
2. Verify that tests are made
in accordance with
specified standards.
3. Review test reports for
compliance with specified
criteria.
4. Recommend and
administer any required
re-testing.
1.04 CONTRACTOR’S DUTIES
A. Construction Schedules:
1. Prepare a detailed schedule of
basic operations.
2. Monitor schedules as work
progresses:
a. Identify potential variances
between scheduled and
probable completion dates for
each phase.
b. Recommend to CITY
adjustments in schedule to
meet required completion
dates.
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Pumping Station #708 Rehabilitation Project SC01041-79 PROJECT COORDINATION
c. Document changes in
schedule; submit to CITY,
CONSULTANT and to
involved subcontractors.
3. Observe work of each
subcontractor to monitor
compliance with schedule.
a. Verify that labor and
equipment are adequate for
the work and the schedule.
b. Verify that product
procurement schedules are
adequate.
c. Verify that product deliveries
are adequate to maintain
schedule.
d. Report noncompliance to
CONSULTANT, with
recommendation for changes.
B. Process Shop Drawings, Product Data
and Samples:
1. Prior to submittal to CONSULTANT,
review for compliance with Contract
Documents:
a. Field dimensions and
clearance dimensions.
b. Relation to available space.
c. Effect of any changes on the
work of any subcontractor.
A. Review Drawings prepared by
Mechanical and Electrical
subcontractors:
1. Prior to submittal to CONSULTANT,
review for compliance with Contract
Documents:
B. Prepare Coordination Drawings as
required to resolve conflicts and to
assure coordination of the work of, or
affected by, mechanical and electrical
trades, or by special equipment
requirements.
1. Submit to CONSULTANT.
2. Reproduce and distribute copies to
concerned parties after
CONSULTANT review.
C. Maintain reports and records at job site,
available to CONSULTANT and CITY.
1. Daily log of progress of work.
2. Records.
a. Contracts.
b. Purchase orders.
c. Materials and equipment
records.
d. Applicable handbooks, codes
and standards.
3. Maintain file of record documents.
1.05 CONTRACTOR’S CLOSE-OUT DUTIES
A. Mechanical and Electrical equipment
start-up:
1. Coordinate checkout of utilities,
operational systems and
equipment.
2. Organize initial start-up and testing.
3. Record dates of start of operation of
systems and equipment.
4. Submit to CITY written notice of
beginning of warranty period for
equipment put into service.
B. At completion of Work, conduct an
inspection to assure that:
1. Specified cleaning has been
accomplished.
2. Temporary facilities have been
removed from site.
C. Substantial Completion:
1. Conduct an inspection to develop a
list of Work to be completed or
corrected.
2. Assist CONSULTANT in inspection.
3. Supervise correction and
completion of work of
subcontractors.
1.06 CONSULTANT’S CLOSE-OUT DUTIES
A. Final Completion:
1. When Contractor determines that
work is finally complete, conduct an
inspection to verify completion of
Work.
B. Administration of Contract closeout:
1. Receive and review Contractor’s
final submittals.
2. Transmit to CITY with
recommendations for action.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
416
Pumping Station #708 Rehabilitation Project SC01070-80 ABBREVIATIONS AND SYMBOLS
SECTION 01070 - ABBREVIATIONS AND SYMBOLS
PART 1 - GENERAL
1.01 STANDARDS AND ABBREVIATIONS
A. Referenced Standards: Any reference to
published specifications or standards of any
organization or association shall comply with
the requirements of the specification or
standard which is current on the date of
Advertisement for Bids. In case of a conflict
between the referenced specifications or
standards, the one having the more stringent
requirements shall govern.
B. In case of conflict between the referenced
specifications or standards and the Contract
Documents, the Contract Documents shall
govern.
C. Abbreviations:
AA Aluminum Association
AAA American Arbitration Association
AABC Associated Air Balance Council
AAMA Architectural Aluminum
Manufacturers Assoc.
AASHO The American Association of
State Highway Officials
ABA American Bar Association
ABMA American Boiler Manufacturers
Association
ABPA Acoustical and Board Products
Association
ACI American Concrete Institute
ACPA American Concrete Pipe
Association
AEIC Association of Edison
Illuminating Companies
AFBMA Anti-Friction Bearing
Manufacturers Assoc.
AGA American Gas Association
AGC Associated General Contractors
of America
AGMA American Gear Manufacturers
Association
AHA American Hardboard Association
AI The Asphalt Institute
AIA American Institute of Architects
AIA American Insurance Association
AIEE American Institute of Electrical
Engineers (Now IEEE)
AIMA Acoustical and Insulating
Materials Association
AISC American Institute of Steel
Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber
Construction
AMCA Air Moving and Condition
Association
ANSI American National Standard
Institute
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works
Association
AREA American Railway Engineering
Association
ARI American Refrigeration
Institute
ASA American Standards Association
(Now ANSI)
ASAHC American Society of Architectural
Hardware Consultants
ASCE American Society of Civil
Engineers
ASHRAE American Society of Heating,
Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical
Engineers
ASSCBC American Standard Safety Code
for Building Construction
ASSHTO American Association of State
Highway Transportation Officials
ASTM American Society for Testing and
Materials
AWG American Wire Gauge
AWI Architectural Woodwork Institute
AWPA American Wood Preservers
Association
AWPB American Wood Preservers
Bureau
AWPI American Wood Preserves
Institute
AWS American Welding Society
AWWA American Water
Works Association
BHMA Builders Hardware
Manufacturers Association
BIA Brick Institute of America
(formerly SCPI)
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Pumping Station #708 Rehabilitation Project SC01070-81 ABBREVIATIONS AND SYMBOLS
CDA Copper
Development Association
CFS Cubic Feet Per Second
CMAA Crane Manufacturers
Association of America
CRSI Concrete Reinforcing Steel
Institute
CS Commercial Standard
DHI Door and Hardware Institute
DIPRA Ductile Iron Pipe Association
DOT Spec-Standard Specification for Road
and Bridge Construction Florida
Department of Transportation,
1982
E/A Engineer and/or Architect
EDA Economic Development
Association
EEI Edison Electric Institute
EPA Environmental Protection
Agency
FCI Fluid Control Institute
FDER Florida Department of
Environmental Regulation
FDOT Florida Department of
Transportation
FEC Florida East-Coast Railway
Fed Spec Federal Specification
FPL Florida Power and Light
FPS Feet Per Second
FS Federal Standards
GA Gypsum Association
GPM Gallons Per Minute
HMI Hoist Manufacturers Institute
HP Horsepower
HSBII Hartford Steam Boiler Inspection
and Insurance Co.
ID Inside Diameter
IEEE Institute of Electrical and
Electronic Engineers
IFI Industrial Fasteners Institute
IPCEA Insulated Power Cable
Engineers Association
IPS Iron Pipe Size
LWDD Lake Worth Drainage District
MF Factory Mutual System
MGD Million Gallons Per Day
MHI Materials Handling Institute
MIL Military Specification
MMA Monorail Manufacturers
Association
NBFU National Board of Fire
Underwriters
NBHA National Builders' Hardware
Association
NBS National Bureau of Standards
NCSA National Crushed Stone
Association
NCSPA National Corrugated Steel Pipe
Association
NEC National Electrical Code
NECA National Electrical Contractors'
Association
NEMA National Electrical
Manufacturers' Association
NFPA National Fire Protection
Association
NLA National Lime Association
NPC National Plumbing Code
NPDES National Pollutant Discharge
Elimination System
NPT National Pipe Threads
NSC National Safety Council
NSF National Sanitation Foundation
OD Outside Diameter
OSHA U.S. Department of Labor,
Occupational Safety and Health
Administration
PCA Portland Cement Association
PCI Prestressed Concrete Institute
PS United States Products
Standards
PSI Pounds per Square Inch
PSIA Pounds per Square Inch
Atmosphere
PSIG Pounds Per Square Inch Gauge
RPM Revolutions Per Minute
SAE Society of Automotive Engineers
SDI Steel Decks Institute
SFWMD South Florida Water
Management District
SIGMA Sealed Insulating Glass
Manufacturer’s Association
SJI Steel Joists Institute
SMACNA Sheet Metal and Air Conditioning
Contractors' National
Association
SSI Scaffolding and Shoring Institute
SSPC Steel Structures Painting Council
SSPC Structural Steel Painting Council
STA Station (100 feet)
TAS Technical
Aid Series
TCA Tile Council America
TDH Total Dynamic Head
TH Total Head
UBC Uniform Building Code
UL Underwriter's Laboratories, Inc.
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Pumping Station #708 Rehabilitation Project SC01070-82 ABBREVIATIONS AND SYMBOLS
USACE United States Army Corps of
Engineers
USASI United States of American
Standards Institute
C. Additional abbreviations and symbols are
shown on the Drawings.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
419
Pumping Station #708 Rehabilitation Project SC01110-83 ENVIRONMENTAL PROTECTION PROCEDURES
SECTION 01110 - ENVIRONMENTAL PROTECTION PROCEDURES
PART 1 GENERAL
1.1 SCOPE OF WORK
A. The work covered by this Section consists of
furnishing all labor, materials and equipment
and performing all work required for the
prevention of environmental pollution in
conformance with applicable federal, state
and local laws and regulations, during and as
the result of construction operations under this
Contract. For the purpose of this Specification,
environmental pollution is defined as the
presence of chemical, physical, or biological
elements or agents which adversely affect
human health or welfare; unfavorably alter
ecological balances; adversely affect plants or
animals; or degrade the utility of the
environment for aesthetic and/or recreational
purposes.
B. The control of environmental pollution requires
consideration of air, water and land, and
involves management of noise and solid
waste, as well as other pollutants.
C. The Contractor shall schedule and conduct all
work in a manner that will minimize the erosion
of soils in the area of the work. Provide
erosion control measures required to prevent
silting, muddying, or pollution of wetlands,
streams, rivers, impoundments, lakes,
stormwater ponds, etc. All erosion control
measures shall be in place in an area prior to
any construction activity in that area and shall
be maintained throughout construction.
Specific requirements for erosion and
sedimentation controls are specified in
Section 02270. The Contractor will be
required to meet all the conditions specified in
the permits and in the Specifications.
D. All specific conditions attached to existing
permits for this site shall be included in the
sedimentation and erosion control measures.
1.2 APPLICABLE REGULATIONS
A. The Contractor shall comply with all applicable
Federal, State and local laws and regulations
and applicable permits and their specific
conditions concerning environmental pollution
control and abatement.
1.3 NOTIFICATIONS
A. The CITY and/or CONSULTANT will notify the
Contractor in writing of any non-compliance
with the foregoing provisions or of any
environmentally objectionable acts and
corrective action to be taken. State or local
agencies responsible for verification of certain
aspects of the environmental protection
requirements shall notify the Contractor in
writing, through the CITY or CONSULTANT,
of any non-compliance with State or local
requirements. The Contractor shall, after
receipt of such notice from the CITY or
Consultant or from the regulatory agency
through the CITY and/or CONSULTANT,
immediately take corrective action. Such
notice, when delivered to the Contractor or
their authorized representative at the site of
the work, shall be deemed sufficient for the
purpose. If the Contractor fails or refuses to
comply promptly, the CITY may issue an order
stopping all or part of the work until
satisfactory corrective action has been taken.
No part of the time lost due to any such stop
orders shall be made the subject of a claim for
extension of time or for excess costs or
damages by the Contractor unless it is later
determined that the Contractor was in
compliance.
1.04 IMPLEMENTATION
A. Prior to commencement of the Work, the
CONTRACTOR shall meet with the CITY and
CONSULTANT to develop mutual
understandings relative to compliance with
this provision and administration of the
environmental pollution control program.
B. The Contractor shall remove temporary
environmental control features, when
approved by the CITY or CONSULTANT, and
incorporate permanent control features into
the project at the earliest practicable time.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.1 EROSION CONTROL
A. The Contractor shall provide positive means of
erosion control such as shallow run on and run
off ditches around construction to carry off
surface water. Erosion control measures,
such as siltation basins, hay check dams,
mulching, jute netting and other equivalent
techniques, shall be used as appropriate.
Flow of surface water into excavated areas
shall be prevented. Ditches around
construction area shall also be used to carry
away water resulting from dewatering of
excavated areas. If dewatering is necessary
and exceeds SFWMD thresholds, a
dewatering plan must be prepared by a
certified Registered Professional Engineer in
the State of Florida and submitted to the CITY
and CONSULTANT; then submitted and
approved by the South Florida Water
Management District prior to the
commencement of work requiring dewatering.
Contractor must comply with permits.
However, no water from dewatering activities
may be discharged offsite. At the completion
of the Work, ditches shall be backfilled and the
ground surface restored to original condition.
3.2 PROTECTION OF STREAMS AND CANALS
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Pumping Station #708 Rehabilitation Project SC01110-84 ENVIRONMENTAL PROTECTION PROCEDURES
A. Care shall be taken by Contractor to prevent,
or reduce to a minimum, any damage to any
ditch or the stormwater outfall canal, from
pollution by debris, sediment or other material,
or from the manipulation of equipment and/or
materials in or near such ditches. Water that
has been used for washing or processing, or
that contains oils or sediments that will reduce
the quality of the water in the ditch, shall not
be directly returned to the ditch. Such waters
will be diverted through a settling basin or filter
approved by the CITY or CONSULTANT and
meet required standards before being directed
into the ditches and other water bodies.
B. The Contractor shall not discharge water from
dewatering operations directly into any live or
intermittent stream, channel, wetlands,
surface water or any storm sewer. Water from
dewatering operations shall be treated by
filtration, settling basins, or other approved
method to reduce the amount of sediment
contained in the water to allowable levels.
C. All preventative measures shall be taken by
Contractor to avoid spillage of petroleum
products and other pollutants. In the event of
any spillage, prompt remedial action shall be
taken in accordance with a contingency action
plan approved by the Florida Department of
Environmental Protection. Contractor shall
submit two (2) copies of approved contingency
plans to the CITY and CONSULTANT.
3.3 PROTECTION OF LAND RESOURCES
A. Land resources within the project boundaries
and outside the limits of permanent work shall
be restored to a condition, after completion of
construction that will appear to be natural and
not detract from the appearance of the project.
Contractor shall confine all construction
activities to areas shown on the Drawings.
B. Outside of areas requiring earthwork for the
construction of the new facilities, the
Contractor shall not deface, injure, or destroy
trees or shrubs, nor remove or cut them
without prior approval from the CITY and
CONSULTANT. No ropes, cables, or guys
shall be fastened to or attached to any existing
nearby trees for anchorage unless specifically
authorized by the CITY and CONSULTANT.
Where such special emergency use is
permitted, first wrap the trunk with a sufficient
thickness of burlap or rags over which
softwood cleats shall be tied before any rope,
cable, or wire is placed. The Contractor shall
in any event be responsible for any damage
resulting from such use.
C. Where trees may possibly be defaced,
bruised, injured, or otherwise damaged by the
Contractor’s equipment, dumping or other
operations, protect such trees by placing
barricades around them. Monuments and
markers shall be protected similarly before
beginning operations near them.
D. Any trees or other landscape feature scarred
or damaged by the Contractor's equipment or
operations shall be restored as nearly as
possible to its original condition.
All trimming or pruning shall be performed in
an approved manner by experienced
workmen with saws or pruning shears. Tree
trimming with axes will not be permitted.
Climbing ropes shall be used where
necessary for safety. Trees that are to remain,
either within or outside established clearing
limits, that are subsequently damaged by the
Contractor and are beyond saving as
determined by the CITY and/or
CONSULTANT shall be immediately removed
and replaced.
E. The locations of the Contractor's storage, and
other construction structures required
temporarily in the performance of the Work,
shall be cleared as shown on the Drawings.
Drawings showing storage facilities shall be
submitted for approval of the CITY and
CONSULTANT.
F. If the Contractor proposes to construct
temporary roads or embankments and
excavations for work areas, it shall submit the
following for approval at least thirty (30) days
prior to scheduled start of such temporary
work.
1. A layout of all temporary roads,
excavations and embankments to be
constructed within the work area.
2. Details of temporary road construction.
3. Drawings and cross sections of proposed
embankments and their foundations,
including a description of proposed
materials.
G. The Contractor shall remove all signs of
temporary construction facilities such as haul
roads, work areas, structures, foundations of
temporary structures, stockpiles of excess of
waste materials, or any other vestiges of
construction as directed by the CITY and
CONSULTANT. The disturbed areas shall be
prepared and seeded as described in Section
02924 SEED, MULCH and FERTILIZER, or as
approved by the CONSULTANT.
H. All debris and excess material will be disposed
of in approved areas as noted on the
Drawings.
3.4 PROTECTION OF AIR QUALITY
A. Burning. No open fires or burning will be
permitted. If need dictates burning of any kind,
Contractor must obtain prior approval of CITY
and obtain appropriate permits from the state
and local government agencies.
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Pumping Station #708 Rehabilitation Project SC01110-85 ENVIRONMENTAL PROTECTION PROCEDURES
B. Dust Control. The Contractor will be required
to maintain all excavations, embankment,
stockpiles, access roads, waste areas, borrow
areas, and all other work areas within or
without the project boundaries free from dust
which could cause the standards for air
pollution to be exceeded, and which would
cause a hazard or nuisance to others.
C. An approved method of stabilization
consisting of sprinkling or other similar
methods will be required to control dust. The
use of petroleum products is prohibited.
D. Sprinkling, to be approved, must be repeated
at such intervals as to keep all parts of the
disturbed area at least damp at all times, and
the Contractor must have sufficient competent
equipment on the job to accomplish this if
sprinkling is used. Dust control shall be
performed as the work proceeds and
whenever a dust nuisance or hazard occurs,
as determined by the CITY and/or
CONSULTANT.
3.5 MAINTENANCE OF POLLUTION CONTROL
FACILITIES DURING CONSTRUCTION
A. During the life of this Contract, the Contractor
shall maintain all facilities constructed for
pollution control as long as the operations
creating the particular pollutant are being
carried out or until the material concerned has
become stabilized to the extent that pollution
is no longer being created.
END OF SECTION
422
Pumping Station #708 Rehabilitation Project SC01153-86 CHANGE ORDER PROCEDURES
SECTION 01153 - CHANGE ORDER PROCEDURES
PART 1 – GENERAL
1.01 SCOPE:
A. The CITY, without invalidating the
Contract, may make adjustments to bid
item quantities by adding to or deducting
from the quantities on the Schedule of
Bid Items, as the Work progresses.
These adjustments shall be in
accordance with the unit or line item price
set forth on the Schedule of Bid Items
and are tracked as Work progresses, and
approved on the monthly Application for
Payment form.
1.02 REQUIREMENTS INCLUDED
A. Promptly implement Change Order
procedures.
1. Provide full written data required to
evaluate change.
2. Maintain detailed records of work
done on a time and material/force
account basis.
3. Provide full documentation to
CONSULTANT on request.
B. Designate in writing the member of
Contractor's organization.
1. Who is authorized to accept
changes in the Work.
2. Who is responsible for informing
others in the Contractor's employ
the authorization of changes in the
Work.
C. CITY will designate in writing the person
who is authorized to execute Change
Orders.
1.03 RELATED REQUIREMENTS
A. Bid Form.
B. Agreement.
C. General Conditions.
D. Supplementary Conditions.
E. Section SC01027: Applications for
Payments.
F. Section SC01310: Progress Schedules.
G. Section SC01370: Schedule of Values.
H. Section SC01630: Substitutions and
Product Options.
I. Section SC01700: Contract Closeout.
1.04 DEFINITIONS
A. Change Order: See General Conditions.
B. Construction Change Authorization: A
written order to the Contractor, signed by
CITY and CONSULTANT, which amends
the Contract Documents as described,
and authorizes Contractor to proceed
with a change that affects the Contract
Sum or the Contract Time, for inclusion
in a subsequent Change Order.
C. Field Order: A written order, instructions,
or interpretations, signed by
CONSULTANT making minor changes in
the Work not involving a change in
Contract Sum or Contract Time.
1.05 PRELIMINARY PROCEDURES
A. CONSULTANT may initiate changes by
submitting a Proposal Request to
Contractor. Request will include:
1. Detailed description of the change,
products, and location of the
change in the Project.
2. Supplementary or revised Drawings
and Specifications.
3. The projected time span for making
the change, and a specific
statement as to whether overtime
work is, or is not, authorized.
4. A specific period of time during
which the requested price will be
considered valid.
5. Such request is for information only,
and is not an instruction to execute
the changes, nor to stop work in
progress.
B. Contractor may initiate changes by
submitting a written notice to Consultant
containing:
1. Description of the proposed
changes.
2. Statement of the reason for making
the changes.
3. Statement of the effect on the
Contract Sum and the Contract
Time.
4. Statement of the effect on the Work
of separate contractors.
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Pumping Station #708 Rehabilitation Project SC01153-87 CHANGE ORDER PROCEDURES
5. Documentation supporting any
change in Contract Sum or Contract
Time, as appropriate.
1.06 CONSTRUCTION-CHANGE
AUTHORIZATION
A. In lieu of Proposal Request,
CONSULTANT may issue a construction
change authorization for Contractor to
proceed with a change for subsequent
inclusion in a Change Order.
B. Authorization will describe changes in the
Work, both additions and deletions, with
attachments of revised Contract
Documents to define details of the
change, and will designate the method of
determining any change in the Contract
Sum and any change in Contract Time.
C. CITY and CONSULTANT will sign and
date the Construction Change
Authorization as authorization for the
Contractor to proceed with the changes.
D. Contractor shall sign and date the
Construction Change Authorization to
indicate agreement with the terms
therein.
1.07 DOCUMENTATION OF PROPOSALS AND
CLAIMS
A. Support each quotation for a lump-sum
proposal, and for each unit price which
has not previously been established, with
sufficient substantiating data to allow
CONSULTANT to evaluate the
quotation.
B. On request provide additional data to
support time and cost computations:
1. Labor required.
2. Equipment required.
3. Products required.
a. Recommended sources of
purchase and unit cost.
b. Quantities required.
4. Taxes, insurance, and bonds.
5. Credit for work deleted from
Contract, similarly documented.
6. Overhead and profit.
7. Justification for any change in
Contract Time.
C. Support each claim for additional costs,
and for work done on a time-and-
material/force account basis, with
documentation as required for a lump-
sum proposal, plus additional
information:
1. Name of CITY’s authorized agent
who ordered the work, and the date
of the order.
2. Dates and times work was
performed, and by whom.
3. Time record, summary of hours
worked, and hourly rates paid.
4. Receipts and invoices for:
a. Equipment used, listing dates
and times of use.
b. Products used, listing of
quantities.
c. Subcontractors.
D. Document requests for substitutions for
products as specified in Section
SC01630.
1.08 PREPARATION OF CHANGE ORDERS
A. CONSULTANT will initiate each Change
Order.
B. Change Order will describe changes in
the Work, both additions and deletions,
with attachments of revised Contract
Documents to define details of the
change.
C. Change Order will provide an accounting
of the adjustment in the Contract Sum
and in the Contract Time.
1.09 LUMP-SUM/FIXED PRICE CHANGE ORDER
A. Content of Change Orders will be based
on, either:
1. CONSULTANT's Proposal Request
and Contractor's Responsive
Proposal as mutually agreed
between CITY and Contractor; or
2. Contractor's Proposal for a change,
as recommended by the
CONSULTANT.
B. CITY and CONSULTANT will sign and
date the Change Order as authorization
for the Contractor to proceed with the
changes.
C. Contractor shall sign and date the
Change Order to indicate agreement with
the terms therein.
1.10 UNIT PRICE CHANGE ORDER
A. Content of Change Orders will be based
on, either:
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Pumping Station #708 Rehabilitation Project SC01153-88 CHANGE ORDER PROCEDURES
1. CONSULTANT's definition of the
scope of the required changes; or
2. Contractor's Proposal for a change,
as recommended by
CONSULTANT; or
3. Survey of completed work.
B. The amounts of the unit prices to be:
1. Those stated in the Agreement.
2. Those mutually agreed upon
between CITY and Contractor.
C. When quantities of each of the items
affected by the Change Order can be
determined prior to start of the work:
1. CITY and CONSULTANT will sign
and date the Change Order as
authorization for Contractor to
proceed with the changes.
2. Contractor shall sign and date the
Change Order to indicate
agreement with the terms herein.
D. When quantities of the items cannot be
determined prior to start of the work:
1. CONSULTANT will issue a
construction change authorization-
directing Contractor to proceed with
the change on the basis of unit
prices.
2. At completion of the change,
CONSULTANT will determine the
cost of such work based on the unit
prices and quantities used.
a. Contractor shall submit
documentation to establish the
number of units of each item
and any claims for change in
Contract Time.
3. CONSULTANT will sign and date
the Change Order to establish the
change in Contract Sum and in
Contract Time.
4. CITY and Contractor will sign and
date the Change Order to indicate
their agreement with the terms
therein.
1.11 TIME AND MATERIAL/FORCE ACCOUNT
CHANGE ORDER/ CONSTRUCTION
CHANGE AUTHORIZATION
A. CONSULTANT will issue a Construction
Change Authorization directing
Contractor to proceed with the changes.
B. At completion of the change, Contractor
shall submit itemized accounting and
supporting data as provided in the Article
"Documentation of Proposals and
Claims" of this Section.
C. CONSULTANT will determine the
allowable cost of such work, as provided
in General Conditions and
Supplementary Conditions.
D. CONSULTANT will sign and date the
Change Order to establish the change in
Contract Sum and in Contract Time.
E. CITY and Contractor will sign and date
the Change Order to indicate their
agreement therewith.
1.12 CORRELATION WITH CONTRACTOR'S
SUBMITTALS
A. Contractor shall periodically revise
Schedule of Values and Request for
Payment forms to record each change as
a separate item of work, and to record the
adjusted Contract Sum.
B. Contractor shall periodically revise the
Construction Schedule to reflect each
change in Contract Time.
1. Contractor shall revise sub-
schedules to show changes for
other items of work affected by the
changes.
C. Upon completion of work under a
Change Order, Contractor shall enter
pertinent changes in Record Documents.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
425
Pumping Station #708 Rehabilitation Project SC01200-89 PROJECT MEETINGS
SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. The Consultant shall schedule and
administer pre-construction meeting,
monthly progress meetings, and
specifically called meetings throughout
the progress of the Work. The
Consultant shall:
a. Prepare agenda for meetings.
b. Make physical arrangements for
meetings.
c. Preside at meetings.
2. Representatives of Contractor,
subcontractors and suppliers attending
meetings shall be qualified and
authorized to act on behalf of the entity
each represents.
3. The Contractor shall attend meetings to
ascertain that work is expedited
consistent with Contract Documents and
construction schedules. The Consultant
shall record the pre-construction meeting
and each progress meeting in its entirety,
and shall provide the Consultant with a
voice recording, having good quality and
clarity, and a typed transcript of the
minutes of each meeting. A copy of the
minutes of each progress meeting shall
be available five (5) business days after
the meeting.
B. Related Requirements Described Elsewhere:
1. Progress Schedules: Section SC01310.
2. Shop Drawings, Working Drawings, and
Samples: Section SC01340.
3. Security and Safety Procedures for
Infrastructure Projects: Section SC01540
4. Project Record Documents: Section
SC01720.
1.02 PRE-CONSTRUCTION MEETING
A. The Consultant shall schedule a
preconstruction meeting within ten (10) days
after the effective date of the contract.
B. Location: A local site, convenient for all
parties, designated by the Consultant.
C. Attendance:
1. CITY's representative.
2. Consultant and Consultant’s
professional consultants.
3. Resident project representative.
4. Contractor and its superintendent.
5. Major subcontractors.
6. Representatives of major suppliers and
manufacturers as appropriate.
7. Governmental and Utilities
representatives as appropriate.
8. Others as requested by the Contractor,
CITY and Consultant.
D. The purpose of the pre-construction meeting
is to designate responsible personnel and
establish a working relationship. Matters
requiring coordination will be discussed and
procedures for handling such matters
established. The suggested agenda should
include:
1. Distribution and discussion of:
a. List of major subcontractors and
suppliers.
b. Projected schedules.
c. Schedule of Values
d. NPDES plan
2. Critical work sequencing: Relationships
and coordination with other contracts
and/or work.
3. Major equipment deliveries and priorities.
4. Project coordination: Designation and
responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
c. Request for Information.
d. Submittals.
e. Change Orders.
f. Applications for Payment.
6. Submittal of Shop Drawings, project data
and samples.
7. Adequacy of distribution of Contract
Documents.
8. Procedures for maintaining Record
Documents.
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Pumping Station #708 Rehabilitation Project SC01200-90 PROJECT MEETINGS
9. Use of premises:
a. Office, work and storage areas.
b. CITY’s requirements.
c. Access and traffic control.
10. Construction facilities, controls and
construction aids.
11. Temporary utilities.
12. Safety and first aid procedures.
13. Check of required Bond and Insurance
certifications.
14. Completion time for Contract and
liquidated damages.
15. Request for extension of Contract Time.
16. Weekly job meeting for all involved.
17. Security procedures.
18. Procedures for making partial payments.
19. Guarantees on completed work.
20. Equipment to be used.
21. Staking of work.
22. Project inspection.
23. Labor requirements.
24. Laboratory testing of material
requirements.
25. Provisions for material stored on site.
26. Requirements of other organizations.
27. Rights-of-way and easements.
28. Housekeeping procedures.
29. Liquidated damages.
30. Posting of signs.
31. Pay request submittal dates.
32. Equal opportunity requirements.
1.03 PROGRESS MEETINGS
A. The Consultant shall schedule and conduct
regular periodic meetings. The progress
meetings will be held every thirty (30) days
and at other times as required by the progress
of the Work. The first meeting shall be held
within thirty (30) days after the preconstruction
meeting or thirty (30) days or less after the
date of Notice to Proceed.
B. Hold called meetings as required by progress
of the Work.
C. Location of the meetings: Site selected by
Consultant.
D. Attendance:
1. Consultant and its representatives as
needed.
2. Contractor.
3. CITY's representatives.
4. Subcontractors (active on the site).
5. Others as appropriate to the agenda
(suppliers, manufacturers, other
subcontractors, etc.).
E. The Consultant shall preside at the meetings
and provide for keeping minutes and
distribution of the minutes to the CITY,
Consultant and others. The purpose of the
meetings will be to review the progress of the
Work. The agenda will include but not be
limited to the following:
1. Review approval of minutes of previous
meeting.
2. Review of work progress since previous
meeting and work scheduled (3-week
look ahead schedule).
3. Field observations, problems, and
conflicts.
4. Problems which impede construction
Schedule.
5. Review of off-site fabrication, delivery
schedules.
6. Corrective measures and procedures to
regain projected schedule.
7. Status of approved construction
schedule.
8. Progress schedule during succeeding
work period.
9. Coordination of schedules.
10. Review status of submittals, expedite as
required.
11. Maintenance of quality standards.
12. Pending changes and substitutions.
13. Shop Drawing problems.
14. Review proposed changes for:
a. Effect on construction schedule and
on completion date.
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Pumping Station #708 Rehabilitation Project SC01200-91 PROJECT MEETINGS
b. Effect on other contracts of the
Project.
15. Construction schedule.
16. Critical/long lead items.
17. Other business.
F. The Contractor is to attend monthly progress
meetings and is to study previous meeting
minutes and current agenda items, and be
prepared to discuss pertinent topics and
provide specific information including but not
limited to:
1. Status of all submittals and what
specifically is being done to expedite
them.
2. Status of all activities behind schedule
and what specifically will be done to
regain the schedule.
3. Status of all material deliveries, latest
contact with equipment manufacturer
and specific actions taken to expedite
materials.
4. Status of open deficiencies and what is
being done to correct the same.
G. The Contractor is to provide a current
submittal log at each progress meeting in
accordance with Section SC01340: Shop
Drawings, Working Drawings and Samples.
1.04 SPECIAL MEETINGS
A. The Contractor may be required to attend
certain City Hall meetings to inform the public
before commencement or during progress of
the project to discuss specific issues.
PART 2- PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
428
Pumping Station #708 Rehabilitation Project SC01310-92 PROGRESS SCHEDULES
SECTION 01310 - PROGRESS SCHEDULES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. Prior to Pre-Construction Meeting,
Contractor shall prepare and submit to
the CONSULTANT initial construction
schedule(s) demonstrating complete
fulfillment of all Contract requirements
utilizing a Critical Path Method
(hereinafter referred to as CPM) in
planning, coordinating and performing
the Work under this Contract (including
all activities of subcontractors,
equipment vendors and suppliers). The
principles and definition CPM terms used
herein shall be as set forth in the
Associated General Contractors of
America (AGC) publication, The Use of
CPM in Construction, A Manual for
General Contractors and the
Construction Industry, latest edition, but
the provisions of this Specification shall
govern the planning, coordinating and
performance of the Work. Assumed
notice to proceed date for this schedule
shall be ninety (90) days from bid
opening date.
2. After issuance of Notice To Proceed,
Contractor shall submit revised progress
schedules on a bi-weekly basis. No
partial payments shall be approved until
there is an approved construction
progress schedule on hand.
B. Related Requirements Described Elsewhere:
1. Summary of Project: Section SC01010
2. Applications for Payment: Section
SC01027
3. Change Order Procedures: Section
SC01153
4. Project Meetings: Section SC01200
5. Shop Drawings, Working Drawings, and
Samples: Section SC01340
6. Schedule of Values: Section SC01370
1.02 QUALIFICATIONS
A. A statement of computerized CPM capability
shall be submitted by Contractor in writing
prior to the award of the Contract and shall
verify that either Contractor's organization has
in-house capability to use the CPM technique
or that Contractor will employ a CPM
consultant who is so qualified.
B. In-house capability shall be verified by
description of construction projects to which
Contractor or Contractor's consultant has
successfully applied computerized CPM and
shall include at least two (2) projects valued at
least half the expected value of this Project.
1.03 FORM OF SCHEDULES
A. Maximum Sheet Size: 24 inches by 36 inches.
1.04 CONTENT OF SCHEDULES
A. Construction Progress Schedule:
1. Show the complete sequence of
construction by activity.
2. Show the dates for the beginning of, and
completion of, each major element of
construction in no more than a two (2)
week increment scale. Specifically list,
but not limit to:
a. Obtaining all permits/construction
easements (if needed)
b. Shop Drawing submitted/review
time
c. Site clearing/filling
d. Site utilities
e. Pipeline installation
f. Roadway installation
g. Subcontractor work
h. Equipment installations
i. Finishings
j. Instrumentation
k. Painting
l. Operator training
m. Testing
n. Start-up
o. Receipt of spare parts
3. Show projected percentage of
completion for each item, as of the first
day of each month.
4. Show projected dollar cash flow
requirements for each month of
construction and for each activity as
indicated by the approved Schedule of
Values.
B. Submittals schedule for Shop Drawings and
Samples shall be in accordance with Section
SC01340: Shop Drawings, Product Data and
Samples. Indicate on the Schedule the
following:
1. The dates for Contractor's submittals.
2. The dates submittals will be required for
CITY-furnished products, if applicable.
3. The dates approved submittals will be
required from the CONSULTANT.
C. A typewritten list of all long lead items
(equipment, materials, etc.).
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Pumping Station #708 Rehabilitation Project SC01310-93 PROGRESS SCHEDULES
D. To the extent that the progress schedule or
any revised progress schedule shows
anything not jointly agreed upon or fails to
show anything jointly agree upon, it shall not
be deemed to have been approved by the
CONSULTANT. Failure to include any
element of work required for the performance
of this Contract shall not excuse the
Contractor from completing all work required
within any applicable Completion Date,
notwithstanding the CONSULTANT's
approval of the progress schedule.
1.05 PROGRESS REVISIONS
A. Indicate progress of each activity to date of
submission.
B. Show changes occurring since previous
submission of schedule:
1. Major changes in scope.
2. Activities modified since previous
submission.
3. Revised projections of progress and
completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays, and
the impact on the schedule.
2. Corrective action recommended, and its
effect.
3. The effect of changes on schedules of
other prime contractors.
D. If the Work falls behind the critical path
schedule by two (2) weeks or more, the
Contractor must prepare a recovery schedule.
1.06 SUBMISSION
A. Submittal Requirements.
1. Logic network and/or time phased bar
chart, computer generated.
2. Computerized network analysis:
a. Sort by early start
b. Sort by float
c. Sort by predecessor/successor
3. Narrative description of the logic and
reasoning of the schedule.
B. Within ten (10) working days after the
conclusion of the CONSULTANT’s review of
initial schedule, Contractor shall revise the
network diagram as required and resubmit the
network diagram and a tabulated schedule
produced therefrom. The revised network
diagram and tabulated schedule shall be
reviewed and accepted or rejected by the
CONSULTANT within fifteen (15) working
days after receipt. The network diagram and
tabulated schedule when accepted by the
CONSULTANT shall constitute the Project
work schedule unless a revised schedule is
required due to substantial changes in the
work scope, a change in Contract Time or a
recovery schedule is required and requested.
C. Acceptance. The finalized schedule will be
acceptable to the CONSULTANT, when in the
opinion of the CONSULTANT; it demonstrates
an orderly progression of the Work to
completion in accordance with the Contract
requirements. Such acceptance will neither
impose on the CONSULTANT responsibility
for the progress or scheduling of the Work nor
relieve Contractor from full responsibility
therefore. The finalized schedule of Shop
Drawing submittals will be acceptable to the
CONSULTANT, when in the opinion of the
CONSULTANT, it demonstrates a workable
arrangement for processing the submittals in
accordance with the requirements. The
finalized Schedule of Values (lump sum price
breakdown), as applicable, will be acceptable
to the CONSULTANT as to form and content,
when in the opinion of the CONSULTANT, it
demonstrates a substantial basis for equitably
distributing the Contract Sum. When the
network diagram and tabulated schedule have
been accepted, The Contractor shall submit to
the CONSULTANT five (5) copies of the time-
scaled network diagram, five (5) copies of a
computerized tabulated schedule in which the
activities have been sequenced by numbers,
five (5) copies of a computerized tabulated
schedule in which the activities have been
sequenced by early starting date, and five (5)
copies of a computerized, tabulated schedule
in which activities have been sequenced by
total float, and five (5) copies sorted by
predecessor/successor.
D. Revised Work Schedules. Contractor, if
requested by the CONSULTANT, shall
provide a revised work schedule if, at any time,
the CONSULTANT considers the completion
Date to be in jeopardy because of "activities
behind schedule." The revised work schedule
shall include a new diagram and tabulated
schedule conforming to the requirements of
Paragraph 1.09, herein, designed to show
how Contractor intends to accomplish the
work to meet the completion date. The form
and method employed by Contractor shall be
the same as for the original work schedule. No
payment will be made if activities fall more
than two (2) weeks behind schedule and a
revised work schedule is not furnished.
E. Schedule Revisions. The CONSULTANT may
require Contractor to modify any portions of
the work schedule that become infeasible
because of "activities behind schedule" or for
any other valid reason. An activity that cannot
be completed by its original latest completion
date shall be deemed to be behind schedule.
No change may be made to the sequence,
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Pumping Station #708 Rehabilitation Project SC01310-94 PROGRESS SCHEDULES
duration or relationships of any activity without
approval of the CONSULTANT.
1.07 DISTRIBUTION
A. Contractor shall distribute copies of the
reviewed schedules to:
1. CONSULTANT
2. Jobsite file
3. Subcontractors
4. Other concerned parties
5. CITY (two copies)
B. Instruct recipients to report promptly to the
Contractor, in writing, any problems
anticipated by the projections shown in the
schedules.
1.08 CHANGE ORDERS
A. Upon approval of a Change Order, the
approved changes shall be reflected in the
next scheduled revision or update submittal by
Contractor.
1.09 CPM STANDARDS
A. CPM, as required by this Section, shall be
interpreted to be generally as outlined in the
Associated General Contractor's (AGC)
publication, The Use of CPM in Construction,
A Manual for General Contractors and the
Construction Industry, Copyright 1976.
B. Work schedules shall include a graphic
network and computerized, tabulated
schedules as described below. To be
acceptable the schedule must demonstrate
the following:
1. A logical succession of work from start to
finish.
2. Definition of each activity.
3. A logical flow of work crews/equipment
(crews are to be defined by manpower
category and man-hours; equipment by
type and hours).
4. Show all work activities and interfaces
including submittals as well as major
material and equipment deliveries.
C. Networks.
1. The CPM network, or diagram, shall be
in the form of a time-scaled diagram of
the customary activity-on-type and may
be divided in to a number of separate
pages with suitable notation relating the
interface points among the pages.
Individual pages shall not exceed 36
inches by 60 inches. Notation on each
activity line shall include a brief work
description and a duration, as described
in Paragraph 1.09D., herein.
2. All construction activities and
procurement shall be indicted in a time-
scaled format, and a calendar shall be
shown on all sheets along the entire
sheet length. Each activity arrow shall be
plotted so the beginning and completion
dates of such activity can be determined
graphically by comparison with the
calendar scale. All activities shall be
shown using the symbols that clearly
distinguish between critical path
activities, non-critical path activities and
float for each non-critical activity. All non-
critical path activities shall show
estimated performances time and float
time in scaled form.
D. The duration indicated for each activity shall
be in calendar days and shall represent the
single best time considering the scope of the
Work and resources planned for the activity
including time for inclement weather. Except
for certain non-labor activities, such as curing
concrete or delivering materials, activity
durations shall not exceed fourteen (14) days
nor be less than one (1) day unless otherwise
accepted by the CONSULTANT.
E. Tabulated Schedules. The initial schedule
shall include the following minimum data for
each activity.
1. Activity Beginning and Ending Numbers,
single activity numbers may be used.
2. Duration.
3. Activity Description.
4. Early Start Date (Calendar Dated).
5. Early Finish Date (Calendar Dated).
6. Identified Critical Path.
7. Total Float (Note: No activity may show
more than 20 days float).
8. Cost of Activity.
9. Equipment Hours by type, man
power/hours by crew or trade.
F. Project Information. Each tabulation shall be
prefaced with the following summary data.
1. Project Name.
2. Contractor.
3. Type of Tabulation (Initial or Updated).
4. Project Duration.
5. Project Scheduled Completion Date.
6. Effective or Starting Date of the
Schedule.
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Pumping Station #708 Rehabilitation Project SC01310-95 PROGRESS SCHEDULES
7. New Projects Completion Date and
Project Status, if an updated or revised
schedule.
8. Actual Start Date and Finish Date for all
update schedules.
1.10 SCHEDULE MONITORING
A. At not less than monthly intervals or when
specifically requested by CONSULTANT,
Contractor shall submit to the CONSULTANT
a computer printout of an updated schedule for
those activities that remain to be completed.
B. The updated schedule shall be submitted in
the form, sequence, and number of copies
requested for the initial schedule.
1.11 PROGRESS MEETINGS
For the monthly progress meeting, Contractor shall
submit a revised CPM schedule and a 3-week look-
ahead schedule, showing all activities in progress,
uncompleted or scheduled to be worked during the
weeks. The 3 weeks include the current week plus
the next 2 weeks. All activities shall be from the
approved CPM and must be as shown on the CPM
unless behind or ahead of schedule.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
432
Pumping Station #708 Rehabilitation Project SC01330-96 SUBMITTAL PROCEDURES
SECTION 01330 – SUBMITTAL PROCEDURES
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Submittal Procedures
B. Shop Drawings
C. Project Schedule
D. Request For Information
E. Test Reports
F. Manufacturer’s Instructions
G. Substitutions
H. Construction Photographs
1.2 RELATED SECTIONS
A. Individual Sections as applicable
1.3 REFERENCES
A. Review and authorization to proceed by
Project Manager and/or Engineer as stated in
City of Boynton Beach Project Contract
Documents does not constitute acceptance or
approval of design details, calculations,
analyses, test methods, certificates or
materials developed or selected by the
Contractor and does not relieve Contractor
from full compliance with contractual
obligations.
B. As part of the Pre Construction Meeting
package, the Contractor was provided with a
Submittal Requirements / Record Log. The
Contractor shall utilize this Submittal
Requirements / Record logs and provide
updates at the Weekly and/or Monthly
Progress Meeting.
1.4 SUBMITTAL PROCEDURES
A. All submittals shall be addressed to the
Engineer with a complete “copy” package to
the Project Manager. Unless specified
elsewhere in this Section, the Project Manager
/ Engineer shall have twenty-one (21)
calendar days to review and respond to
submittals. Once reviewed by the Engineer,
the Engineer shall distribute an original
package to the Contractor with a “copy”
package to the Project Manager.
B. All submittals by the Contractor shall be
certified and dated by the Contractor on the
face of each document/drawing, be current,
accurate and shall be furnished in accordance
with requirements of the specifications. The
Engineer will conduct a review of Contractor’s
submittals and return an original to the
Contractor. Submittals will be marked and
dated with comments similar to the following:
1. A = Accepted as submitted, no comment
2. B = Make corrections as noted and
resubmit
3. C = Rejected
4. I = For Information Only
C. Transmit each submittal with the City
furnished transmittal form. Sequentially
number each transmittal form. Revise
submittals with original number and a
sequential alphabetic suffix.
D. The Contractor shall group their submittals by
materials, components and/or disciplines such
as:
1. Pipe for water systems, gravity sewer,
force main, fittings, tapping sleeves,
valves, EMS markers, service saddles,
corp and curb stops (all “brass”), poly
pipe, fire hydrants, permanent sample
points, etc.
2. Manholes and structures with necessary
frames, grates and/or covers, etc.
3. Drainage pipe (conveyance or
perforated), filter fabric, fittings, ballast
rock, etc.
4. Roadway materials such as sub grade
stabilization, road rock, asphalt mix
design, concrete mix design, pavement
markings (stripping and RPMs), signage,
etc.
5. Electrical, Instrumentation, Control
Systems, etc.
6. Mechanical equipment, etc.
7. Structural, architectural, etc.
It is also required that the submittals be
bound for ease of handling.
E. In general, the Contractor is limited to seven
(7) submittal packages and up to one (1)
revision for each submittal package. After that,
the Contractor will be charged for the
Engineer’s review time and the amount
withheld from the next Application for
Payment.
F. Apply Contractor’s stamp, signed or initialed
certifying that review, approval, verification of
products required, field dimensions, adjacent
construction work, and coordination of
information is in accordance with the
requirements of the Work and Contract
Documents.
G. Schedule submittals to expedite the project,
and deliver to the Engineer and the Project
Manager at the address noted on the Contract
Documents. Coordinate submission of related
items.
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Pumping Station #708 Rehabilitation Project SC01330-97 SUBMITTAL PROCEDURES
H. For each submittal for each review, allow
twenty-one (21) calendar days for the
Engineer/Project manager review process
(excluding delivery times).
I. Identify variations from Contract Documents
and product or system limitations. If the
Project Manager approves any such
variation(s), an appropriate contract
modifications will be issued, except that, if the
variation is minor and does not involve a
change in price or in time of performance, a
modification need to be issued.
J. Provide space for Contractor and Engineer
review stamps.
K. When revised for resubmission, identify all
changes made since previous submission.
L. Distribute, via Transmittal copies of approved
submittals as follows: One copy to the City’s
Resident Observer and on copy to the
Contractor’s Project Superintendent. Instruct
subcontractors to promptly report any inability
to comply with requirements.
M. Submittals not required will not be recognized
or processed.
N. As a guide to assist both the Engineer and
Contractor, the City has prepared the following
table to identify the specific submittals that
requires the City’s acceptance and/or
approval in addition to the acceptance and/or
approval in addition to the acceptance and/or
approval of the Engineer. However, this does
NOT affect the submittal mechanics as
identified above. The submittals identified in
the following table are representative and may
not contain all of the individual documents as
required in the Contract Documents.
Specification Description
01100, Section 3.2.B Resident notification
letters
01100, Section 3.3 NPDES Site Plan
and/or SWPPP
(w/input from
Engineer)
01200, Section 1.5 Schedule Of Values
01330, Section 1.9 Substitutions (w/input
from Engineer)
01380 & 01390 Pre/Post construction
video, video log and
photos
01500, Section 1.4.A Engineer’s field office
01500, Section 1.18 Project sign (after
fabrication but prior to
installation)
01570, Section 1.3.A MOT (w/input from
Engineer and before
submittal to City for
ROW permit)
01700, Section 1.3.A Contractor’s storage
yard/facilities
01700, Section 1.6.B Construction layout
control points
01700, Section 1.8 Master Project
Schedule and
Baseline Schedule
(w/input from
Engineer)
01720, Section 1.6 Record drawing
format, content and
data
01740, Section 3.4.E Closeout
documentation format
and content
1.5 SHOP DRAWINGS / CATALOG CUT SHEETS
A. If the Contractor elects to utilize the City’s
Exhibit “D” Shop Specifications, the
Contractor must still submit the corresponding
shop drawings and catalog cut sheets for the
Exhibit “D” items.
B. Shop Drawings / Catalog Cut Sheets For
Review and Authorization to Proceed:
1. Submit four (4) original to the Engineer
for review and acceptance and one (1)
copy to the Project Manager for
information only. Submit shop drawings
/ catalog cut sheets as required by the
applicable individual Sections.
2. For drawings greater in size than 11” x
17”, one reproducible and four (4) copies
shall be submitted to the Engineer and
Project Manager and at the expense of
the Contractor. The Engineer will be the
sole judge of the adequacy of the quality
of the reproducible and prints and my
reject reproductions and/or prints on the
basis of quality alone. Such drawings will
not be folded, but will be transmitted in
mailer rolls manufactured expressly for
that purpose.
C. Shop Drawings / Catalog Cut Sheets For
Project Close-out:
1. Submitted in accordance with Section
01700 EXECUTION REQUIREMENTS
1.6 PROJECT SCHEDULE
A. Refer to Section 1700 EXECUTION
REQUIREMENTS for additional requirements
and conditions.
1.7 Request for Information
A. Contractor shall generate a Request For
Information (RFI) when they believe that
additional information of formal clarifications is
needed. Contractor shall submit the RFIs
directly to the Engineer with a copy to the
Project Manager.
1.8 TEST REPORTS
A. Contractor shall direct their testing laboratory
to provide copies of all test reports to both the
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Pumping Station #708 Rehabilitation Project SC01330-98 SUBMITTAL PROCEDURES
Project Manager and Engineer. Submit
test reports for information for the limited
purpose of assessing conformance with
information given and the design concept
expressed in the contract documents.
Refer to Section 01200 PRICE AND
PAYMENT PROCEDURES for additional
requirements.
1.9 MANUFACTURER’S INSTRUCTIONS
A. When specified in individual specification
sections, submit printed instructions for
delivery, storage, assembly, installation, start-
up, adjusting, and finishing, to Engineer for
delivery to owner in quantities specified for
Product Data.
B. The Project Manager and Engineer will
consider requests for substitutions only within
15 days after date established in Notice to
Proceed. The Engineer will make
recommendations to the Project Manager for
any substitutions. The decision to accept or
reject the requested substitution by the Project
Manager is final.
C. Substitutions may be considered when a
product becomes unavailable through no fault
of the Contractor.
D. The burden of proof or equality of a proposed
substitution for a specified item shall be upon
the Contractor.
E. Document each request with complete data
substantiating compliance of proposed
substitution with Contract Documents.
F. If Project Manager or Engineer rejects
Contractor’s substitute item on the original
submittal, Contractor may make only one (1)
additional submittal in the same category. On
the second submittal and all future submittals,
the Contractor shall be charged for costs and
expenses incurred by Owner, including but not
limited to staff time in re-reviewing submittal
data including Project Manager, Engineer and
overhead costs and the amount withheld from
the next Application for Payment.
G. Requests for substitutions shall not relieve
Contractor of its sole and primary
responsibility for timeliness of delivery of the
equipment and material to be furnished under
this Contract.
H. The Engineer and Project Manager will
receive and consider the Contractor's request
for substitution when one or more of the
following conditions are satisfied, as
determined by the Project Manager.
1. Extensive revisions to the Contract
Documents are not required.
2. Proposed changes are in keeping with
the general intent of the Contract
Documents or "Shop Specifications".
3. The request is timely, fully documented,
and properly submitted.
4. The specified product or method of
construction cannot be provided within
the Contract time. The Owner will not
consider the request if the product or
method cannot be provided as a result of
failure to pursue the work promptly or
coordinate activities properly.
5. The request is directly related to an "or
equal" clause or similar language in the
Contract Documents or "Shop
Specifications".
6. The requested substitution offers the
Owner a substantial advantage, in cost,
time, energy conservation or other
considerations, after deduction additional
responsibilities the Owner must assume.
The Owner's additional responsibilities
may include compensation for any
redesign and evaluation services,
increased cost of other construction by
the Owner, and similar considerations.
7. The specified product or method of
construction cannot receive necessary
approval by a governing authority, and
the requested substitution can be
approved.
8. The specified product or method of
construction cannot be provided in a
manner that is compatible with other
materials and where the Contractor
certified that the substitution will
overcome the incompatibility.
9. The specified product or method of
construction cannot be coordinated with
other materials and where the Contractor
certifies that the proposed substitution
can be coordinated.
10. The specified product or method of
construction cannot provide a warranty
required by the Contract Documents or
"Shop Specifications" and where the
Contractor certified that the proposed
substitution provides the required
warranty.
11. Where a proposed substitution involves
more than one sub-contractor, each sub-
contractor shall cooperate with the other
sub-contractors involved to coordinate
the work, provide uniformity and
consistency, and assure compatibility of
products.
The Contractor's submittal and the
Owner's acceptance of shop drawings,
product data, or samples for construction
activities not complying with the Contract
Documents does not constitute an
acceptable or valid request for
substitution, nor do they constitute
approval.
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Pumping Station #708 Rehabilitation Project SC01330-99 SUBMITTAL PROCEDURES
I. Substitution Submittal Procedure:
1. Submit written request for substitution for
consideration. Limit each request to one
proposed substitution.
2. Submit shop drawings, product data, and
certified test results attesting to the
proposed Product equivalence. Burden
of proof is on the Contractor.
3. The Engineer will notify Contractor in
writing of decision to accept or reject the
request.
PART 2 PRODUCTS
2.1 All materials are to be MADE IN THE UNITED
STATES OF AMERICA. Allowable exceptions are
ductile iron fittings supplied by American Cast Iron
Pipe Company from Brazil, Sigma Corporation from
China, and Star Pipe Products from the United
States and China; and EMS iD ball markers by 3M
from Mexico.
PART 3 EXECUTION
NOT USED
END OF SECTION
436
Pumping Station #708 Rehabilitation Project SC01340-100 SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES
SECTION 01340 - SHOP DRAWINGS, WORKING DRAWINGS, AND
SAMPLES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. The Contractor shall submit to the
CONSULTANT for review and
approval, such Shop Drawings,
Test Reports and Product Data on
materials and equipment
(hereinafter in this Section called
Data), and material samples
(hereinafter in this Section called
Samples) as are required for the
proper control of work, including but
not limited to those Shop Drawings,
Data and Samples for materials and
equipment specified elsewhere in
the Specifications and in the
Contract Drawings.
2. With the Contractor’s executed
agreement and Bond Submittal, the
Contractor shall submit to the
CONSULTANT a complete list of
preliminary Data on items for which
Shop Drawings are to be submitted.
Included in this list shall be the
names of all proposed
manufacturers furnishing specified
items. Review of this list by the
CONSULTANT shall in no way
expressed or implied relieve the
Contractor from submitting
complete Shop Drawings and
providing materials, equipment,
etc., fully in accordance with the
Specifications. This procedure is
required in order to expedite final
review of Shop Drawings. The
Contractor shall include Shop
Drawing review time on the Project
schedule (see section SC01310).
3. The Contractor is to maintain an
accurate updated submittal log and
will bring this log to each scheduled
progress meeting with the City and
the CONSULTANT. This log should
include the following items:
a. Submittal-Description and
Number assigned.
b. Date to CONSULTANT.
c. Date returned to Contractor.
d. Status of Submittal (Approved
as Noted, Rejected/Re-
submit).
e. Date of Resubmittal and
Return (as applicable).
f. Date material release for
fabrication.
g. Projected date of fabrication.
h. Projected date of delivery to
site.
i. Status of O&M manuals
submittal.
j. Specification Section.
k. Drawings Sheet Number.
B. Related Requirements Described
Elsewhere:
1. General Conditions:
2. Progress Schedules: Section
SC01310.
3. Material and Equipment: Section
SC01600.
4. Project Record Documents: Section
SC01720.
5. Operating and Maintenance Data:
Section SC01730.
1.02 CONTRACTOR'S RESPONSIBILITY
A. The Contractor shall furnish the
CONSULTANT a schedule of Shop
Drawings submittals fixing the respective
dates for the submission of Shop
Drawings, the beginning of manufacture,
testing and installation of materials,
supplies and equipment. This schedule
shall indicate those that are critical to the
progress schedule.
B. The Contractor shall not begin any of the
work covered by a Shop Drawing, Data,
or a Sample returned for correction until
a revision or correction thereof has been
reviewed and returned to him, by the
CONSULTANT, with approval.
C. The Contractor shall submit to the
CONSULTANT all drawings and
schedules sufficiently in advance of
construction requirements to provide no
less than twenty-one (21) calendar days
for checking and appropriate action from
the time the Consultant receives them.
D. All submittals shall be accompanied with
a transmittal letter prepared in duplicate
containing the following information:
1. Date.
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Pumping Station #708 Rehabilitation Project SC01340-101 SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES
2. Project Title and Number.
3. Contractor's name and address.
4. The number of each Shop
Drawings, Project Data, and
Sample submitted.
5. Notification of Deviations from
Contract Documents.
a. The Contractor shall indicate
in bold type at the top of the
cover sheet of submittal of
Shop Drawing if there is a
deviation from Contract
Drawings, Project
Specifications and referenced
specifications or codes.
b. The Contractor shall also list
any deviations from Contract
Drawings, Project
Specifications and referenced
specifications or codes and
identify in "green" ink
prominently on the drawings.
6. Submittal Log Number conforming
to Specification Log Number.
E. The Contractor shall submit SHOP
DRAWINGS electronically to the
CONSULTANT through eBuilder. The
CONSULTANT will review the submittal
and return to the Contractor with
appropriate review comments.
F. The Contractor shall be responsible for
and bear all costs of damages which may
result from the ordering of any material or
from proceeding with any part of work
prior to the completion of the review by
the CONSULTANT of the necessary
Shop Drawings.
G. The Contractor shall not use Shop
Drawings as means of proposing
alternate items to demonstrate
compliance to Contract requirements.
H. Each submittal will bear a stamp
indicating that Contractor has satisfied
Contractor's obligations under the
Contract Documents with respect to
Contractors review and approval of that
submittal.
I. Drawings and schedules shall be
checked and coordinated with the work of
all trades and sub-contractors involved,
before they are submitted for review by
the CONSULTANT and shall bear the
Contractor's stamp of approval as
evidence of such checking and
coordination. Drawings or schedules
submitted without this stamp of approval
shall be returned to the Contractor for
resubmission.
1.03 CONSULTANT'S REVIEW OF SHOP
DRAWINGS
A. The CONSULTANT's review of Shop
Drawings, Data and Samples as
submitted by the Contractor, will be to
determine if the items(s) conform to the
information in the Contract Documents
and are compatible with the design
concept. The CONSULTANT's review
and exceptions, if any, will not constitute
an approval of dimensions, connections,
quantities, and details of the material,
equipment, device, or item shown.
B. The review of drawings and schedules
will be general, and shall not be
construed:
1. As permitting any departure from
the Contract requirements.
2. As relieving the Contractor of
responsibility for any errors,
including details, dimensions, and
materials.
3. As approving departures from
details furnished by the Consultant,
except as otherwise provided
herein.
C. If the drawings or schedules as submitted
describe variations and show a departure
from the Contract requirements which the
CONSULTANT finds to be in the interest
of the City and to be so minor as not to
involve a change in Contract Price or
time for performance, the CONSULTANT
may return the reviewed drawings
without noting an exception.
D. "Approved As Noted" - Contractor shall
incorporate CONSULTANT’s comments
into the submittal before release to
manufacturer. The Contractor shall send
a letter to the CONSULTANT
acknowledging the comments and their
incorporation into the Shop Drawing.
E. "Amend And Resubmit" - Contractor shall
resubmit the Shop Drawing to the
CONSULTANT. The resubmittal shall
incorporate the CONSULTANT's
comments highlighted on the Shop
Drawing.
F. "Rejected" - Contractor shall resubmit
Shop Drawing for review by Consultant.
G. Resubmittals will be handled in the same
manner as first submittals. On
resubmittals the Contractor shall direct
specific attention, in writing or on
resubmitted Shop Drawings, to revisions
other than the corrections requested by
the CONSULTANT on previous
submissions. The Contractor shall make
any corrections required by the
CONSULTANT.
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Pumping Station #708 Rehabilitation Project SC01340-102 SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES
H. If the Contractor considers any correction
indicated on the drawings to constitute a
change to the Contract Drawings or
Specifications, the Contractor shall give
written notice thereof to the
CONSULTANT.
I. When the Shop Drawings have been
completed to the satisfaction of the
CONSULTANT, the Contractor shall
carry out the construction in accordance
therewith and shall make no further
changes therein except upon written
instructions from the CONSULTANT.
J. No partial submittals will be reviewed.
Submittals not deemed complete will be
stamped "Rejected" and returned to the
Contractor for resubmittal. Unless
otherwise specifically permitted by the
CONSULTANT, make all submittals in
groups containing all associated items
for:
1. Systems.
2. Processes.
3. As indicated in specific
Specifications Sections.
K. All drawings, schematics, manufacturer's
product Data, certifications and other
Shop Drawing submittals required by a
system specification shall be submitted
at one time as a package to facilitate
interface checking.
L. Only the CONSULTANT shall utilize the
color "red" in marking Shop Drawing
submittals.
M. For any submittal returned to the
Contractor marked “Amend and Submit”
or “Rejected,” Contractor shall pay CITY
a resubmittal fee of $250.00. Monies
shall be deducted from monies owed
Contractor by CITY monthly and
incorporated into a Change Order at
completion of the contract.
1.04 SHOP DRAWINGS
A. Shop Drawings shall be complete and
detailed and shall consist of fabrication,
erection and setting drawings and
schedule drawings, manufacturer's scale
drawings, and wiring and control
diagrams. Cuts, catalogs, pamphlets,
descriptive literature, and performance
and test data, shall be considered only as
supportive information. As used herein,
the term "manufactured" applies to
standard units usually mass-produced;
and "fabricated" means items specifically
assembled or made out of selected
materials to meet individual design
requirements.
B. Manufacturer's catalog sheets,
brochures, diagrams, illustrations and
other standard descriptive data shall be
clearly marked to identify pertinent
materials, product or models. Delete
information which is not applicable to the
Work by striking or cross-hatching.
C. Each Shop Drawing shall have a blank
area 3-1/2 inches by 3-1/2 inches,
located adjacent to the title block. The
title block shall display the following:
1. Project Title and Number.
2. Name of Project building or
structure.
3. Number and title of the Shop
Drawing.
4. Date of Shop Drawing or revision.
5. Name of Contractor and
subcontractor submitting drawing.
6. Supplier/manufacturer.
7. Separate detailer when pertinent.
8. Specification title and number.
9. Specification section.
10. Application Contract Drawing
Number.
D. Data on materials and equipment
include, without limitation, materials and
equipment lists, catalog data sheets,
cuts, performance curves, diagrams,
materials of construction and similar
descriptive material. Materials and
equipment lists shall give, for each item
thereon, the name and location of the
supplier or manufacturer, trade name,
catalog reference, size, finish and all
other pertinent Data.
1.05 WORKING DRAWINGS
A. When used in the Contract Documents,
the term "Working Drawings" shall be
considered to mean the Contractor's plan
for temporary structures such as
temporary bulkheads, support of open
cut excavation, support of utilities,
ground water control systems, forming
and false work; for underpinning; and for
such other work as may be required for
construction but does not become an
integral part of the Project.
B. Working Drawings shall be signed by a
registered Professional Consultant,
currently licensed to practice in the State
of Florida.
1.06 SAMPLES
A. The Contractor shall furnish, for the
approval of the Consultant, samples
required by the Contract Documents or
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Pumping Station #708 Rehabilitation Project SC01340-103 SHOP DRAWINGS, WORKING DRAWINGS, AND SAMPLES
requested by the CONSULTANT.
Samples shall be delivered to the
CONSULTANT as specified or directed.
The Contractor shall prepay all shipping
charges on samples. Materials or
equipment for which samples are
required shall not be used in work until
approved by the CONSULTANT.
B. Samples shall be of sufficient size and
quantity to clearly illustrate:
1. Functional characteristics of the
product, with integrally related parts
and attachment devices.
2. Full range of color, texture and
pattern.
3. A minimum of two (2) samples of
each item shall be submitted.
C. Field samples and mock-ups:
1. Contractor shall erect, at the Project
site, at a location acceptable to the
Consultant.
2. Size of area: 15 feet long x 6 feet
high or that specified in the
respective specification section.
3. Fabricate each sample and mock-
up complete and finished.
4. Remove mock-ups at conclusion of
Work or when acceptable to the
Consultant.
D. Each sample shall have a label
indicating:
1. Name of Project.
2. Name of Contractor and
Subcontractor.
3. Material or Equipment
Represented.
4. Place of Origin.
5. Name of Producer and Brand (if
any).
6. Location in Project.
Samples of finished materials shall have
additional marking that will identify them
under the finished schedules.
E. The Contractor shall prepare a
transmittal letter in triplicate for each
shipment of samples containing the
information required in Paragraph 1.06B
above. It shall enclose a copy of this
letter with the shipment and send a copy
of this letter to the CONSULTANT.
Approval of a sample shall be only for the
characteristics or use named in such
approval and shall not be construed to
change or modify any Contract
requirements.
F. Approved samples not destroyed in
testing shall be sent to the
CONSULTANT or stored at the site of the
Work. Approved Samples of the
hardware in good condition will be
marked for identification and may be
used in the work. Materials and
equipment incorporated in work shall
match the approved Samples. Samples
which failed testing or were not approved
will be returned to the Contractor at its
expense, if so requested at time of
submission.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
440
Pumping Station #708 Rehabilitation Project SC01370-104 SCHEDULE OF VALUES
SECTION 01370 - SCHEDULE OF VALUES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. Contractor shall submit to the Consultant
a Schedule of Values allocated to the
various lump sum portions of the Work,
within fifteen (15) days of the Notice to
Proceed date.
2. Upon request of the Consultant,
Contractor shall support the values with
data which will substantiate their
correctness. The data shall include, but
not be limited to quantity of materials, all
sub-elements of the activity and their
units of measure.
3 Schedule of Values shall establish the
actual value for each activity of the Work
to be completed taken from the approved
Critical Path Method (CPM), and shall be
used as the basis for the Contractor's
Applications for Payment.
B. Related Requirements Described Elsewhere:
1. Conditions of the Construction Contract.
1.02 FORM AND CONTENT OF SCHEDULE OF
VALUES
A. Type schedule on an 8-1/2 inch by 11 inch or 8-
1/2 inch by 14 inch white paper. Contractor's
standard forms and computer printout will be
considered for approval by the Consultant
upon Contractor's request. Identify schedule
with:
1. Title of Project and location.
2. Consultant and Project number.
3. Name and address of Contractor.
4. Contract designation.
5. Date of submission.
B. Schedule shall list the installed value of the
component parts of the Work in sufficient
detail to serve as a basis for computing item
prices for progress payments during
construction.
C. Identify each line item with the number and the
title of the respective section of the
Specifications.
D. For each line item, list sub-values of major
products or operations under the item.
E. For the various portions of the Work:
1. Each item shall include a directly
proportional amount of the Contractor's
overhead and profit.
2. For items on which progress payments will
be requested for stored materials, break
down the value into:
a. The cost of the materials, delivered
unloaded, with taxes paid. Paid
invoices required for materials.
Payment for materials shall be
limited to the invoiced amount only.
b. The total installed value.
F. The sum of all lump sum values listed in the
schedule shall equal the total Contract Sum.
1.03 UNIT QUANTITIES:
A. Quantities indicated in the Schedule of Bid
Items are for bidding and contract purposes
only. Quantities and measurements supplied
or placed in the Work and verified by the
Consultant and CITY determines payment.
B. If the actual Work requires more or fewer
quantities than those quantities indicated in
the bid items, Contractor shall provide the
required quantities at the unit sum/prices
contracted.
1.04 REVIEW AND RESUBMITTAL
A. After review by Consultant, Contractor shall
revise and resubmit Schedule of Values and
Schedule of Unit Material values pursuant to
this Section.
B. Contractor shall resubmit revised Schedules in
same manner pursuant to this Section.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
441
Pumping Station #708 Rehabilitation Project SC01380-105 CONSTRUCTION PHOTOGRAPHS
SECTION 01380 - CONSTRUCTION PHOTOGRAPHS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: The Contractor shall employ
a competent professional photographer to
take construction record photographs
periodically during the course of the Work
using a digital camera and a preconstruction
video inspection.
B. Related Requirements Described
Elsewhere:
1. General Requirements: Section
SC01000.
2. Summary of Project: Section SC01010.
3. Video and Photographic Site Survey:
Section 01390
4. Project Record Documents: Section
SC01720.
1.02 PHOTOGRAPHY REQUIRED
A. Photographs taken in conformance with this
Section shall be furnished to the Consultant
with each Application for Payment.
B. Views and Quantities Required:
1. Five (5) views of overall Project site
monthly, or as directed by the
Consultant (for facilities projects only).
2. Two (2) aerial views of overall Project
site after completion of site restoration
and landscaping (for facilities projects
only).
3. Provide electronically at least five (5)
photographs (views) of progress work
with each Application for Payment.
4. Additional aerial photographs may be
used upon prior approval by the CITY.
C. In addition to the general progress
photographs required, photographs of each
tie-in point shall be taken prior to backfill and
turned in with the monthly Application for
Payment.
1.03 COSTS OF PHOTOGRAPHY
A. The Contractor shall pay costs for specified
photography and prints. Parties requiring
additional photography or prints shall pay the
photographer directly.
PART 2 - PRODUCTS
2.01 NEGATIVES/DIGITAL FILES
A. The negatives/digital files are to be
categorized by month taken and must
correspond to the progress photographs that
accompany each. At project closeout, the
negatives/digital files are to be submitted to
the CITY. If the Contractor uses digital
photography, then the images shall be
provided on CD.
PART 3 - EXECUTION
3.01 TECHNIQUE
A. Factual Presentation.
B. Correct exposure and focus.
1. High resolution and sharpness.
2. Maximum depth-of-field.
3. Minimum distortion.
3.02 VIEWS REQUIRED
A. Photograph from locations to adequately
illustrate condition of construction and state
of progress.
1. At successive periods of photography,
take at least one (1) photograph from
the same overall view as previously.
2. Consult with the Consultant at each
period of photography for instructions
concerning views required.
3. All views to contain a relative dimension
reference that is easily recognizable by
the average person. In views where
dimensions are critical, use of
recognizable measuring devices such
as a folding ruler, measuring tape in a
manner the makings are clear and
sharp in the photograph and the device
located in close relationship with
subject of photograph.
3.03 DELIVERY OF PHOTOGRAPHS
A. Deliver electronic files to the CONSULTANT
to accompany each Application for Payment.
END OF SECTION
442
Pumping Station #708 Rehabilitation Project SC01390-106 VIDEO AND PHOTOGRAPHIC SITE SURVEY
SECTION 01390 - VIDEO AND PHOTOGRAPHIC SITE SURVEY
PART 1 - GENERAL
1.01 SECTION INCLUDES:
A. The work under this Section includes the
performance of a Pre and Post Construction
Video Survey of the condition of existing
facilities, public Rights-of Way (ROW),
easements, roads, private property, and
other surface features and “before and after”
digital still photographs.
1.02 RELATED SECTIONS:
A. Section SC01050 – Field Engineering
B. Section SC01380 – Construction Progress
Photographs
1.03 PRE/POST-CONSTRUCTION VIDEO
INSPECTION
A. Prior to start of construction, Contractor shall
retain the services of a firm specializing in
pre-construction video inspection.
B. Video inspection shall delineate all aspects
of facilities on site and surrounding
properties.
C. Any claims for damages not clearly shown as
existing prior to construction shall be paid for
by the Contractor, unless conclusive
evidence to the contrary is provided.
1.04 SUBMITTALS:
A. Pre-Construction Video and Photographic
Site Survey
1. The Contractor shall submit one (1) copy
of the Pre Construction Video Survey
with video log to the CITY for review and
acceptance.
B. Post-Construction Video Site Survey
1. At the discretion of the CITY, the
requirement for a Post-Construction
video may be waived.
2. The Contractor shall submit one (1) copy
of the Post-Construction Video Survey
with log to the CITY for review.
3. Accompanying this submittal, or as a
separate submittal in the event the CITY
waives the Post-Construction Video,
the Contractor shall issue a letter
attesting to having reviewed the Pre
Construction Video Survey and confirm
restoration of surface attributes.
PART 3 - EXECUTION
4. VIDEO SITE SURVEY
A. The Contractor shall provide the
CONSULTANT with a DVD accurately
representing existing conditions of the site to
be disturbed by its operations. This DVD
shall be submitted at least twenty-one (21)
days prior to the start of work on this project.
B. Recording shall be on a new, high quality,
DVD. The camera shall be capable of
producing clean color images. The original
is to be submitted to the CONSULTANT for
review and a copy is to be retained by the
Contractor until Final Acceptance. CITY
shall receive one (1) copy of the Final
Videotaping after approval by the
CONSULTANT.
C. At a minimum, the video shall contain:
1. At the beginning of the video, the project
name and date of taping shall be
superimposed on the picture.
2. As the location of the video tapping
progresses, i.e., the individual street
name shall be temporally superimposed
on the picture.
3. Centerline stationing at 100 feet
intervals or clear reference to the
individual residences (by street
number) and/or business (by street
number and name).
5. The video shall be run twice the full
length of the project, first facing and
proceeding ahead station wise and
slightly angled to the right of centerline.
The second run shall be the full length
of the project facing and proceeding
back station wise and slightly angled to
the right of centerline.
6. Both shootings shall contain the
centerline within the view of the
observer. The taping is to be
continuous during each run. Areas of
special importance / interest may be
“zoomed-in” on to provide the
necessary details but must be “zoomed-
out” to the original view before
proceeding.
D. Audio content
1. Simultaneously record the audio portion
during videotaping.
2. Audio recording shall assist in viewer
orientation and in any Audio recording
will only consist of camera operator
commentary.
E. Prepare a written video log that describes the
contents of each tape including:
1. Name of streets and/or easements.
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Pumping Station #708 Rehabilitation Project SC01390-107 VIDEO AND PHOTOGRAPHIC SITE SURVEY
2. Videotape location designator.
3. Coverage begin/end, station and
location.
4. Recording date.
F. The video shall present a clear and accurate
representation of existing conditions. If the
CITY determines that this intent is not met,
the tape shall be returned and the area re-
televised at no additional cost to the CITY.
G. This accepted video along with the still
photographs will serve as an aid to the CITY
in determining existing conditions. Nothing
contained in the video or still photographs will
supersede or relieve the CITY from
determining the acceptability of restoration.
H. Prior to Substantial Completion, the
Contractor is responsible to review the video
and still photographs and prepare a detailed
list of surface improvements to be reinstated.
This list shall include lawn areas, trees and
plants, driveways, driveway aprons,
roadways, signage, sprinkler systems,
sidewalks, mailboxes and any other existing
conditions affected by the work and submit to
the CITY for review and approval.
3.02 PHOTOGRAPHIC SURVEY
A. In addition to the videotape, the Contractor
shall take “before and after” digital still
photographs of each home and/or property.
The photographs of each home and/or
property shall consist of a set of photographs
(3 minimum) and shall provide property-line
to property-line coverage of the roadway,
swale and sidewalk areas for each property.
The “areas of interest” are the edge of
roadway, condition of the swale, type of
grass, landscaping within the swale, mail box
and driveway apron.
B. The digital “file” name is to be the address of
the property being photographed and shall
be incorporated as part of the image. The
Contractor shall provide the CITY with the
following for review and acceptance:
1. One (1) CD with the digital files in street
named/numbered subdirectory and a
digital file log.
2. Two (2) sets of “Before” color prints and
one (1) set of “After” color prints of each
digital file, with the file name displayed.
Color print sets are to be bound with a
Table of Contents and divided and
tabbed by street name/number.
3. “Before” photographs (color prints and
CD) shall be submitted twenty-one (21)
days in advance of the commencement
of the work. “After” photographs (color
prints and CD) shall be submitted with
the final Application For Payment (refer
to Section 01380 PROGRESS
PHOTOGRAPHS for additional
requirements).
C The Contractor shall provide a bound set of
accepted pre-construction photographs to
the Consultant to be maintained at the
Consultant’s Field Office for use during the
project.
D. An additional page (page 3), with sample
photographs, follows the End of Section.
END OF SECTION
444
Pumping Station #708 Rehabilitation Project SC01400-108 QUALITY REQUIREMENTS
SECTION 01400 - QUALITY REQUIREMENTS
PART 1 GENERAL
1.01 GENERAL
A. Contractor is required to follow all technical
specification requirements with regards to
material quality, certification, placement and
installation. If the Contractor has questions
concerning these items, it is required to
generate and issue a Request For
Information to the CITY and Consultant for
resolution and or guidance.
B. In the absence of other quality requirements,
FDOT Standard Specifications and Index, of
the most current edition, shall prevail.
1.02 RELATED SECTIONS
A. Section SC01025 – Measurement and
Payment Procedures
B. Section SC01050 – Field Engineering
C. Section SC01340 – Shop Drawings, Work
Drawings and Samples
1.03 Field QA/QC
A. The Contractor shall monitor quality control
over suppliers, subcontractors, products and
workmanship, to produce work of specified
quality.
B. Comply with manufacturers' instructions,
including each step in sequence.
C. Should manufacturers' instructions conflict
with Contract Documents, issue Request For
Information to the Consultant before
proceeding.
D. Comply with specified standards as minimum
quality for the work except where more
stringent tolerances, codes, or specified
requirements indicate higher standards or
more precise workmanship.
E. Perform work by persons qualified to
produce required and specified quality.
F. Verify that field measurements are as
indicated on shop drawings / catalog cut
sheets or as instructed by the manufacturer.
G. Secure products in place with positive
anchorage devices designed and sized to
withstand stresses, vibration, physical
distortion, or disfigurement.
1.04 TOLERANCES
A. Installed tolerances:
1. Plus / minus 0.20 foot radius of plan
center
2. Plus / minus 0.05 foot vertical
3. Plus / minus 10% of specified vertical
slope
4. Plus / minus 5% uniformity of specified
vertical slope measured between any
two points of a single run of pipe.
B. Monitor fabrication and installation tolerance
control of products to produce acceptable
Work. Do not permit tolerances to
accumulate.
C. Comply with manufacturers' tolerances.
Should manufacturers' tolerances conflict
with Contract Documents, request
clarification from Consultant before
proceeding.
D. Adjust products to appropriate dimensions,
position before securing products in place.
1.05 TESTING SERVICES
A. Contractor required to hire a professional,
licensed independent firm to perform tests
and other services specified.
B. Field copies of on site density testing are to
be left on site at the completion of each day’s
testing. The independent firm is required to
“map” the results of each day’s testing results
on the Contractor’s.
C. Certified, signed and sealed test reports will
be submitted by the independent firm to the
Consultant, CITY and Contractor, indicating
observations and results of tests and
indicating compliance or non-compliance
with Contract Documents.
D. Cooperate with independent firm; furnish
samples of materials, design mix, equipment,
tools, storage, safe access, and assistance
by incidental labor as requested.
E. Testing does not relieve Contractor to
perform work to Contract requirements.
F. Re-testing required because of non-
conformance to specified requirements shall
be performed by the same independent firm
on instructions by the CITY or Consultant.
1.06 INSPECTION SERVICES
A. The CITY shall appoint, employ, and pay
inspector for specified services for
inspection. These services may be from the
Consultant, or from the CITY or any
combination of the above.
B. The Inspector shall perform construction
observation, inspections and other services
specified in individual specification sections
and as required by the CITY and/or
Consultant.
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Pumping Station #708 Rehabilitation Project SC01400-109 QUALITY REQUIREMENTS
C. The Contractor shall cooperate with
Inspector; furnish safe access and
assistance by incidental labor as requested.
Additionally, the Contractor shall keep the
inspection personnel fully informed of the
needs, scheduling and progress of the
project.
D. This inspection does NOT relieve the
Contractor from performing their own QA/QC
on the Work as required in this and other
technical specification sections.
1.07 MANUFACTURERS' FIELD SERVICES
A. When specified in the Contract documents,
requiring material or product suppliers or
manufacturers to provide qualified staff
personnel to observe site conditions,
conditions of surfaces and installation,
quality of workmanship, start-up of
equipment, test, adjust and balance of
equipment as applicable, and to initiate
instructions when necessary.
B. Report observations and site decisions or
instructions given to applicators or installers
that are supplemental or contrary to
manufacturers' written instructions.
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION
3.01 EXAMINATION
A. The Contractor shall verify that existing site
conditions and substrate surfaces are
acceptable for subsequent Work. Beginning
new Work means acceptance of existing
conditions.
B. Verify that existing substrate is capable of
structural support or attachment of new Work
being applied or attached.
C. Perform “receiving” inspection of materials,
structures and equipment.
D. Perform “in-process” inspection as the Work
progresses.
E. Monitor and inspect the work performed by
subcontractors as the Work progresses.
F. Examine and verify specific conditions
described in individual technical specification
sections.
G. Notify the CITY and Consultant, forty-eight
(48) hours prior to the expected time for
inspection purposes and/or the witnessing of
pressure testing. All pressure testing shall
be witnessed by the CITY and/or Consultant.
END OF SECTION
446
Pumping Station #708 Rehabilitation Project SC01505-110 MOBILIZATION
SECTION 01505 – MOBILIZATION
PART I - GENERAL
1.01 DEFINITION AND SCOPE
A. Mobilization shall include the Contractor
obtaining of all permits, insurance, and
bonds; moving onto the site of all plant and
equipment, temporary buildings and other
construction facilities; all as required for the
proper performance and completion of the
Work. Mobilization shall include, but not be
limited to, the following principal items:
1. Move onto the site all Contractor's plan
and equipment required for first month
operations.
2. Install temporary construction power,
wiring, and lighting facilities.
3. Establish fire protection plan and safety
program.
4. Secure construction water supply.
5. Provide on-site sanitary facilities and
potable water facilities as specified.
6. Arrange for and erect Contractor's work
and storage yard and employees'
parking facilities.
7. Submit all required insurance
certificates and bonds.
8. Obtain all required permits.
9. Post all OSHA, EPA, Department of
Labor, and all other required notices.
10. Have Contractor's superintendent at the
job site full time.
11. Submit a detailed construction CPM
schedule acceptable to the Consultant
as specified.
12. Submit a Schedule of Values of the
Work.
13. Submit a schedule of submittals.
1.02 DEMOBILIZATION
A. Demobilization is the timely and proper
removal of all contractor- owned material,
equipment or plant, from the job site and the
proper restoration or completion of work
necessary to bring the site into full
compliance with the Contract Documents.
1.03 PAYMENT FOR
MOBILIZATION/DEMOBILIZATION
A. Contractor shall be limited to a maximum of
3.0 percent of the total price bid for
mobilization. The cost of
mobilization/demobilization shall be shown in
the Schedule of Values.
B. Demobilization shall be shown in the
schedule of values as a minimum 25 percent
of the value for mobilization.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
447
Pumping Station #708 Rehabilitation Project SC01540-111 SECURITY AND SAFETY PROCEDURE FOR INFRASTRUCTURE PROJECTS
SECTION 01540 - SECURITY AND SAFETY PROCEDURES FOR
INFRASTRUCTURE PROJECTS
PART 1 GENERAL
1.01 As a minimum, the Contractor shall provide and
assure that all of its personnel have and wear
common colored Company shirts, safety vests,
hard hats and substantial leather work shoes /
boots. Other Personal Protective Equipment
(PPE) as required by governing local, state and
Federal laws and regulations.
1.02 SECTION INCLUDES
A. Responsibility for Work Security
B. Protection of Work in Progress, Materials
and Equipment
C. Protection of Existing Property
D. Security Program
E. Entry Control
F. Personnel Identification
G. Security Service
H. Miscellaneous Restrictions
1.03 RELATED SECTIONS
A. Section 01010 – Summary of Project
B. Section 01500 - Temporary Facilities and
Controls
1.04 RESPONSIBILITY OF WORK SECURITY
A. Contractor shall, at its expense, at all times
conduct all operations under the Contract in
a manner to avoid the risk of loss, theft or
damage by vandalism, sabotage or other
means to any property. Contractor shall
promptly take all reasonable precautions that
are necessary and adequate against any
conditions that involve a risk of loss, theft or
damage to its property, at a minimum.
B. Contractor shall continuously inspect all its
work, materials, equipment and facilities to
discover and determine any such conditions
and shall be solely responsible for discovery,
determination and correction of any such
condition.
C. Contractor shall prepare and maintain
accurate reports of incidents of loss, theft or
vandalism and shall furnish these reports to
CITY within three (3) days of each incident.
1.05 PROTECTION OF WORK IN PROGRESS,
MATERIALS AND EQUIPMENT
A. Contractor shall be responsible for and shall
bear any and all risk of loss or damage to
work in progress, all materials delivered to
the site, and all materials and equipment
involved in the Work until completion and
final acceptance of Work under this Contract.
Excluded from Contractor's responsibility is
any loss or damage that results from the sole
active negligence of the CITY or its
representatives.
1.06 PROTECTION OF EXISTING PROPERTY
A. Contractor shall so conduct its operations as
not to damage, close, or obstruct any utility
installation, highway, road or other property
until permits therefore have been obtained. If
facilities are closed, obstructed, damaged or
rendered unsafe by Contractor's operations,
Contractor shall, at its expense, make such
repairs and provide temporary guards, lights
and other signals as necessary or required
for safety and as will be acceptable to the
CITY.
B. Contractor shall conduct its operation so as
not to damage any existing buildings or
structures. The Contractor shall verify that
means and methods of construction used
inside, adjacent to, under or over existing
buildings will not cause damage. The
Contractor shall provide protection methods
that are acceptable to the CITY.
C. Unless otherwise specifically provided in the
Contract, Contractor shall not do any work
that would disrupt or otherwise interfere with
the operation of any pipeline, telephone,
electric, radio, gas, transmission line, ditch or
other structure, nor enter upon lands in their
natural state until approved by the CITY.
D. Thereafter, and before it begins such work,
Contractor shall give due notice to CITY of its
intention to start such work. Contractor shall
not be entitled to any extension of time or any
extra compensation on account of any
postponement, interference or delay caused
by any such line, ditch or structure on or
adjacent to the site of work.
E. Contractor shall preserve and protect all
cultivated and planted areas and vegetation
such as trees, plants, shrubs and grass on or
adjacent to the premises, which, as
determined by CITY, do not reasonably
interfere with the performance of this
Contract.
F. Contractor shall be responsible for damage
to any such areas and vegetation and for
unauthorized cutting of trees and vegetation,
including, without limitation, damage arising
from the performance of its work through
operation of equipment or stockpiling of
materials. All cost in connection with any
repairs or restoration necessary or required
by reason of any such damage or
unauthorized cutting shall be borne by
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Pumping Station #708 Rehabilitation Project SC01540-112 SECURITY AND SAFETY PROCEDURE FOR INFRASTRUCTURE PROJECTS
Contractor.
1.07 SECURITY PROGRAM
A. At the Pre-Construction Meeting, the CITY
will make a final determination on which, if
any, of the following requirements are to be
implemented.
1. Protect Work existing premises and
CITY's operations from theft,
vandalism, and unauthorized entry.
2. Initiate program at project mobilization.
3. Maintain program throughout
construction period until CITY
acceptance precludes the need for
Contractor security.
1.08 RESTRICTIONS
A. Do not allow cameras on site or photographs
taken except by written approval of the CITY.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
449
Pumping Station #708 Rehabilitation Project SC01570-113 MAINTENANCE OF TRAFFIC
SECTION 01570 – MAINTENANCE OF TRAFFIC
PART 1 GENERAL
1.01 Contractor shall provide all labor, material and
services to perform all operations required for
the maintenance and protection of vehicular
and pedestrian traffic in conformance to all
applicable FDOT laws and regulations and
subject to acceptance and permits by Owner,
Palm Beach County and FDOT as applicable.
1.02 REFERENCES
A. State of Florida Department of
Transportation Standard Specifications
for Road and Bridge Construction,
Section 102, 2000 Edition (or latest
edition)
B. State of Florida Manual of Traffic Control
and Safe Practices for Street and
Highway Construction, Maintenance and
Utility Operations
C. The Manual of Uniform Traffic Control
Devices, latest edition
D. CBB ROW Permit
1.03 SUBMITTAL
A. Submit Traffic Control Plans, ROW
Permit Applications and Construction
Schedule to the Owner, Palm Beach
County (if applicable), and the FDOT (if
applicable) for review and acceptance 30
days prior to the start of construction.
1.04 SIGNS AND DEVICES
A. Traffic Control and Informational Signs
B. Traffic Cones and Drums, and Lights
C. Traffic Controllers Equipment
1.05 CONSTRUCTION PARKING CONTROL
A. Control vehicular parking to prevent
interference with public traffic and
parking, access by emergency vehicles
and Owner’s operations. Contractor’s
employee’s personal vehicles shall NOT
be parked “in and around” the project
site. Contractor’s employee’s personal
vehicles shall be parked at the storage
yard.
1.06 TRAFFIC CONTROLERS
A. Provide trained and equipped traffic
controllers to regulate traffic when
construction operations encroach on
public traffic lanes.
1.07 LIGHTS
A. Use approved barricades with lights
during hours of low visibility to delineate
traffic lanes and to guide traffic.
1.08 TRAFFIC SIGNS AND DEVICES
A. At approaches to site and on site, install
at crossroads, detours, parking areas,
and elsewhere as needed, to direct
construction and affected public traffic.
The Contractor shall submit traffic control
through work zone plans based on FDOT
Roadway and Traffic Design Standards,
2001 Edition (or latest edition).
B. Relocate as Work progresses, to
maintain effective traffic control.
1.09 REMOVAL
A. Remove equipment and devices when no
longer required.
B. Repair damage caused by installation.
1.10 SPECIFIC TRAFFIC CONTROL
A. Contractor shall maintain through traffic
on all public roads at all times unless
stated otherwise herein.
B. Contractor shall maintain access to all
vehicular driveways (public or private) at
all times. Contractor shall backfill and
install temporary rock base as necessary
in order to provide safe and functional
access to all driveways.
C. Contractor shall coordinate with the
Police and Fire Departments for whom
the Contractor will provide satisfactory
access at all times.
D. Contractor shall maintain, at the
minimum, one travel lane, in each
direction, when performing work within
the Palm Beach County Right-of-Way.
1.11 EXECUTION
A. The Contractor shall arrange its work to
cause minimum disturbance to normal
pedestrian and vehicular traffic; and shall
be held responsible for providing and
maintaining suitable means of access
(including emergencies) to all public and
private properties during all stages of the
construction.
B. If it becomes necessary to block off an
entire street to vehicular traffic during
construction (other than for an
emergency situation), the Contractor
must secure the written authorization of
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Pumping Station #708 Rehabilitation Project SC01570-114 MAINTENANCE OF TRAFFIC
the CITY and Palm Beach County or
FDOT as acknowledged as a condition of
the Right-of-Way (ROW) permit(s) prior
to completely blocking off the roadway.
1.12 UNIT PRICE – MEASUREMENT AND
PAYMENT
A. Refer to Section 01025 -
MEASUREMENT AND PAYMENT
PROCEDURES.
END OF SECTION
451
Pumping Station #708 Rehabilitation Project SC01580-115 PROJECT IDENTIFICATION AND SIGNS
SECTION 01580 - PROJECT IDENTIFICATION AND SIGNS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. Contractor shall furnish, install and
maintain two (2) project signs.
2. Contractor shall allow no other
signs to be displayed.
B. Related Requirements Described
Elsewhere:
1. Summary of Project: Section
SC01010.
1.02 PROJECT SIGNS
A. One (1) painted sign with lettering, size,
color and construction in accordance with
the local requirements.
B. Erect on each site at a location of high
public visibility, as approved by the
Consultant.
C. Information to be included shall be as
indicated on sample attached.
1.03 QUALITY ASSURANCE
A. Sign Painter: Professional experience in
type of work required.
B. Finishes, Painting: Adequate to resist
weathering and fading for three (3) year
period.
1.04 SUBMITTALS
A. An 11-inch by 17-inch color sketch of the
Project sign shall be submitted to the
Consultant for approval prior to final
preparation of the project sign.
PART 2 - PRODUCTS
2.01 SIGN MATERIALS
A. Structure and Framing: May be new or
used, wood or metal, in sound condition,
structurally adequate and suitable for
specified finish.
B. Sign Surfaces: Exterior softwood
plywood with medium density overlay,
standard large sizes to minimize joints.
1. Thickness: As required by
standards to span framing
members, to provide even, smooth
surface without waves or buckles.
C. Rough Hardware: Galvanized.
D. Paint: Exterior quality.
PART 3 - EXECUTION
3.01 PROJECT IDENTIFICATION SIGNS
A. Paint exposed surface of supports,
framing and surface material; one coat of
primer and one coat of exterior paint.
B. Paint graphics in styles, sizes, and colors
selected.
3.02 MAINTENANCE
A. Maintain signs and supports in a neat,
clean condition; repair damages to
structures, framing or signs.
END OF SECTION
452
Pumping Station #708 Rehabilitation Project SC01600-116 MATERIAL AND EQUIPMENT
SECTION 01600 - MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Material and equipment
incorporated into the Work:
1. Manufactured and fabricated
products:
a. Design, fabricate and
assemble in accord with the
best engineering and shop
practices.
b. Manufacture like parts of
duplicate units to standard
sizes and gauges, to be
interchangeable.
c. Two (2) or more items of the
same kind shall be identical, by
the same manufacturer.
d. Products shall be suitable for
service conditions.
e. Equipment capacities, sizes
and dimensions shown or
specified shall be adhered to
unless variations are
specifically approved in
writing.
2. Do not use material or equipment
for any purpose other than that for
which it is designed or specified.
1.02 MANUFACTURER'S INSTRUCTIONS FOR
INSTALLATION
A. When Contract Documents require that
installation of Work shall comply with
manufacturer's printed instructions.
Contractor shall obtain and distribute
copies of such instructions to parties
involved in the installation, including five
(5) copies to the Consultant.
1. Maintain one (1) set of complete
instructions at the job site during
installation and until completion.
B. Contractor shall handle, install, connect,
clean, condition and adjust products in
strict accord with such instructions and in
conformity with specified requirements.
1. Should job conditions or specified
requirements conflict with
manufacturer's instructions, consult
with Consultant for further
instructions.
2. Do not proceed with Work without
clear instructions.
C. Contractor shall perform work in
accordance with manufacturer's
instructions. Do not omit any preparatory
step or installation procedure unless
specifically modified or exempted by
Contract Documents.
1.03 TRANSPORTATION AND HANDLING
A. Contractor shall arrange deliveries of
products in accordance with progress
schedules, coordinate to avoid conflict
with work and conditions at the site.
1. Deliver products in undamaged
condition, in manufacturer's original
containers or packaging, with
identifying labels intact and legible.
2. Immediately on delivery, inspect
shipments to assure compliance
with requirements of Contract
Documents and approved
submittals, and that products are
properly protected and undamaged.
B. Contractor shall provide equipment and
personnel to handle products by methods
to prevent soiling or damage to products
or packaging.
1.04 STORAGE AND PROTECTION
A. The Contractor shall furnish a covered,
weather-protected storage structure
providing a clean, dry, non-corrosive
environment for all mechanical
equipment, valves, architectural items,
electrical and instrumentation
equipment, and special equipment to be
incorporated into this Project. Storage or
equipment shall be in strict accordance
with the "instructions for storage" of each
equipment supplier and manufacturer
including connection of heaters, placing
of storage lubricants in equipment, etc.
Corroded, damaged or deteriorated
equipment and parts shall be replaced
before acceptance of the Project.
Equipment and materials not properly
stored will not be included in a payment
estimate.
B. Contractor shall store products in accord
with manufacturer's instructions, with
seals and labels intact and legible.
1. Store products subject to damage
by the elements in weather-tight
enclosures.
2. Maintain temperature and humidity
within the ranges required by
manufacturer's instructions.
3. Store fabricated products above the
ground, on blocking or skids,
prevent soiling or staining. Cover
products which are subject to
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Pumping Station #708 Rehabilitation Project SC01600-117 MATERIAL AND EQUIPMENT
deterioration with impervious sheet
coverings, provide adequate
ventilation to avoid condensation.
4. Store loose granular materials in a
well-drained area on solid surfaces
to prevent mixing with foreign
matter.
C. All materials and equipment to be
incorporated in the Work shall be
handled and stored by the Contractor
before, during and after shipment in a
manner to prevent warping, twisting,
bending, breaking, chipping, rusting, and
any injury, theft or damage of any kind
whatsoever to the material or equipment.
D. Contractor shall store under a roof or off
the ground cement, sand and lime, and
shall be kept completely dry at all times.
All structural and miscellaneous steel,
and reinforcing steel shall be stored off
the ground or otherwise to prevent
accumulations of dirt or grease, and in a
position to prevent accumulations of
standing water and to minimize rusting.
Beams shall be stored with the webs
vertical. Precast concrete beams shall
be handled and stored in a manner to
prevent accumulations of dirt, standing
water, staining, chipping or cracking.
Brick, block and similar masonry
products shall be handled and stored in a
manner to reduce breakage, chipping,
cracking and spalling to a minimum.
E. All materials, which, in the opinion of the
Consultant, have become so damaged
as to be unfit for the use intended or
specified, shall be promptly removed by
the Contractor from the site of the Work,
and the Contractor shall receive no
compensation for the damaged material
or its removal.
F. Contractor shall arrange storage in a
manner to provide easy access for
inspection. Make periodic inspections of
stored products to assure that products
are maintained under specified
conditions, and free from damage or
deterioration.
G. Protection After Installation: Contractor
shall provide substantial coverings as
necessary to protect installed products
from damage from traffic and subsequent
construction operations. Remove
covering when no longer needed.
H. The Contractor shall be responsible for
all material, equipment and supplies sold
and delivered to the CITY under this
Contract until final inspection of the Work
and acceptance thereof by the CITY. In
the event any such material, equipment
and supplies are lost, stolen, damaged or
destroyed prior to final inspection and
acceptance, the Contractor shall replace
same without additional cost to the CITY.
I. Should the Contractor fail to take proper
action on storage and handling of
equipment supplied under this Contract
within seven (7) days after written notice
to do so has been given, the CITY retains
the right to correct all deficiencies noted
in previously transmitted written notice
and deduct the cost associated with
these corrections from the Contractor's
Contract. These costs may be
comprised of expenditures for labor,
equipment usage, administrative,
clerical, engineering and any other costs
associated with making the necessary
corrections.
1.05 STORAGE AND HANDLING OF
EQUIPMENT ON SITE
A. Because of the long period allowed for
construction, special attention shall be
given to the storage and handling of
equipment on site. As a minimum, the
procedure outlined below shall be
followed by Contractor:
1. All equipment having moving parts
such as gears, electric motors, etc.
and/or instruments shall be stored
in a temperature and humidity
controlled building approved by the
Consultant, until such time as the
equipment is to be installed.
2. All equipment shall be stored fully
lubricated with oil, grease, etc.
unless otherwise instructed by the
manufacturer.
3. Manufacturer's storage instructions
shall be carefully studied by the
Contractor and reviewed with the
Consultant by him. These
instructions shall be carefully
followed and a written record of this
kept by the Contractor.
4. Moving parts shall be rotated a
minimum of once weekly to insure
proper lubrication and to avoid
metal-to-metal "welding". Upon
installation of the equipment, the
Contractor shall start the
equipment, at least half the load,
once weekly for an adequate period
of time to insure that the equipment
does not deteriorate from lack of
use.
5. Lubricants shall be changed upon
completion of installation and as
frequently as required thereafter
during the period between
installation and acceptance.
Mechanical equipment to be used in
the Work, if stored for longer than
ninety (90) days, shall have the
bearings cleaned, flushed and
lubricated prior to testing and
startup, at no extra cost to the CITY.
6. Prior to acceptance of the
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Pumping Station #708 Rehabilitation Project SC01600-118 MATERIAL AND EQUIPMENT
equipment, the Contractor shall
have the manufacturer inspect the
equipment and certify that its
condition has not been detrimentally
affected by the long storage period.
Such certifications by the
manufacturer shall be deemed to
mean that the equipment is judged
by the manufacturer to be in a
condition equal to that of equipment
that has been shipped, installed,
tested and accepted in a minimum
time period. As such, the
manufacturer will guarantee the
equipment equally in both
instances. If such a certification is
not given, the equipment shall be
judged to be defective. It shall be
removed and replaced at the
Contractor's expense.
1.06 SPARE PARTS
A. Spare parts for certain equipment
provided under Divisions 11: Equipment;
13: Special Construction; 15:
Mechanical; and 16: Electrical have
been specified in the pertinent sections of
the Technical Specifications. The
Contractor shall collect and store all
spare parts so required in an area to be
designated by the Consultant. In
addition, the Contractor shall furnish to
the Consultant an inventory listing all
spare parts, the equipment they are
associated with, the name and address
of the supplier, and the delivered cost of
each item. Copies of actual invoices for
each item shall be furnished with the
inventory to substantiate the delivered
cost.
1.07 GREASE, OIL AND FUEL
A. All grease, oil and fuel required for testing
of equipment shall be furnished with the
respective equipment. The CITY shall be
furnished with a year's supply of required
lubricants including grease and oil of the
type recommended by the manufacturer
with each item of equipment supplied.
B. The Contractor shall be responsible for
changing the oil in all drives and
intermediate drives of each mechanical
equipment after initial break-in of the
equipment, which in no event shall be
any longer than three (3) weeks of
operation.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
455
Pumping Station #708 Rehabilitation Project SC01630-119 SUBSTITUTIONS AND PRODUCT OPTIONS
SECTION 01630 - SUBSTITUTIONS AND PRODUCT OPTIONS
PART 1 – GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall furnish and install
products specified under options and
conditions for substitutions stated in this
Section.
1.02 RELATED REQUIREMENTS
A. Information for Bidders and General
Conditions.
B. Section SC01410: Testing Laboratory
Services.
C. Section SC01650: Start-up.
D. Section SC01700: Contract Closeout.
1.03 PRODUCTS LISTED
A. Within thirty (30) days after award of
Contract, submit to Consultant six (6)
copies of complete list of major products
which are proposed for installation.
B. Tabulate products by specification
section number and title.
C. For products specified only by reference
standards, list for each such product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalogue designation.
4. Manufacturer's data:
a. Reference standards.
b. Performance test data.
1.04 CONTRACTOR'S OPTIONS
A. For products specified only by reference
standard, select product meeting that
standard, by any manufacturer.
B. For products specified by naming several
products or manufacturers, select any
one of those products and manufacturers
named which complies with
Specifications.
C. For products specified by naming only
one or more products or manufacturers
and stating "or equal", select one of those
named products or manufacturers. After
award of Contract, submit a request as
for substitutions, for any product or
manufacturer which is not specifically
named.
D. For products specified by naming only
one product and manufacturer, there is
no option and no substitution will be
allowed.
1.05 SUBSTITUTIONS
A. Within a period of thirty (30) days after
award of Contract, Consultant will
consider formal requests from the
Contractor for substitution of products in
place of those specified:
1. After the end of that period, the
request will be considered only in
case of product unavailability or
other conditions beyond the control
of the Contract Documents:
B. Submit a separate request for each
substitution. Support each request with:
1. Complete data substantiating
compliance of the proposed
substitution. Support each request
with:
a. Product identification,
including manufacturer's name
and address.
b. Manufacturer's literature;
identify:
1) Product description.
2) Reference standards.
3) Performance and test
data.
c. Samples, as applicable.
d. Name and address of similar
projects on which product has
been used, and the date of
each installation.
2. Itemized comparison of the
proposed substitution with product
specified; list significant variations.
3. Data relating to changes in the
construction schedule.
4. Any effect of the substitution on
separate contracts.
5. List of changes required in other
work or products.
6. Accurate cost data comparing
proposed substitution with product
specified.
7. Designation of required license fees
or royalties.
8. Designation of availability of
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Pumping Station #708 Rehabilitation Project SC01630-120 SUBSTITUTIONS AND PRODUCT OPTIONS
maintenance services and sources
of replacement materials.
C. Substitutions will not be considered for
acceptance when:
1. They are indicated or implied on
Shop Drawings or product data
submittals without a formal request
from Contractor.
2. They are requested by anyone
other than Contractor.
3. Submitted without data relating to
changes in construction schedule.
4. Any effect of substitution on
separate contracts is not included.
5. A list of changes required in other
work or products is not included.
6. Accurate cost data comparing
proposed substitution with product
specified is not included.
7. Designation of required license fees
or royalties is not included.
8. Designation of availability of
maintenance services, sources of
replacement materials is not
included.
9. Acceptance will require substantial
revision of Contract Documents.
D. Substitute products shall not be ordered
or installed without written acceptance of
Consultant.
E. Consultant will determine the
acceptability of proposed substitutions.
Contractor shall pay all costs associated
with Consultant's review.
1.06 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution
Contractor represents that:
1. It has investigated the proposed
product and has determined that it
is equal to or superior in all respects
to that specified.
2. It will provide same warranties or
bonds for substitution as for product
specified.
3. It will coordinate installation of
accepted changes as may be
required for the Work to be
complete in all respects.
4. It waive claims for additional costs
caused by substitution which may
subsequently become apparent.
5. It will pay all costs, resulting under
separate contracts, which result
from the substitution.
6. It will pay all engineering costs for
redesign or revision of the Contract
Documents.
7. Cost data is complete and includes
related costs under this Contract,
but not:
a. Costs under separate
contracts.
b. Consultant's costs of redesign
or revision of Contract
Documents.
1.07 CONSULTANT DUTIES
A. Review Contractor's requests for
substitutions with reasonable
promptness.
B. Notify Contractor in writing of decision to
accept or reject requested substitution.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
457
Pumping Station #708 Rehabilitation Project SC01700-121 CONTRACT CLOSEOUT
SECTION 01700 - CONTRACT CLOSEOUT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work: Contractor shall comply
with requirement stated in Conditions of
the Contract and in specifications for
administrative procedures in closing out
the Work.
B. Related Requirements Described
Elsewhere:
1. Cleaning: Section SC01710
2. Project Record Documents: Section
SC01720
3. Operating and Maintenance Data:
Section SC01730
4. Warranties and Bonds: Section
SC01740.
1.02 SUBSTANTIAL COMPLETION
A. The Work will not be substantially
complete, and Contractor may not
request substantial completion
inspection unless the following
submittals and work is completed:
1. All work specified herein and shown
on the drawing is complete.
2. Project Record Documents have
been submitted and reviewed to the
requirements of Section SC01720.
3. All deficiencies noted on inspection
reports or non-conformances are
corrected or the correction plan
approved.
4. Contractor to submit evidence of
compliance with the requirements of
governing authorities.
B. When the conditions of paragraph 1.02
A. are met the Contractor shall submit to
the Consultant:
1. A written notice that it considers the
Work, or portion thereof, is
substantially complete, and request
an inspection.
C. Within a reasonable time after receipt of
such notice, the Consultant will make an
inspection to determine the status of
completion.
D. When the Consultant finds that the Work
is substantially complete, Consultant will:
1. Attend a Substantial Completion
walk-through of the facility to
include the CITY, Contractor and
Consultant and/or Engineer of
Record to determine the
completeness of the Project and
readiness of the facility for
occupancy.
2. Prepare and deliver to CITY a
Certificate of Substantial
Completion with the punchlist of
items to be completed or corrected
before final inspection.
1.03 FINAL INSPECTION
A. Prior to Contractors request for a final
inspection the following submittals and
Work must be complete:
1. Project Record Documents must be
approved.
2. Equipment and systems have been
tested in the presence of the CITY's
representative and are operational
and training, when applicable.
3. All punchlist items have been
corrected.
B. The Consultant will, within reasonable
time, make an inspection to verify the
status of completion with reasonable
promptness after receipt of Contractor’s
request.
C. Should the Consultant consider that the
Work is incomplete or defective:
1. The Consultant will promptly notify
the Contractor in writing, listing the
incomplete or defective work.
2. Contractor shall take immediate
steps to remedy the stated
deficiencies, and send another
written certification to the
Consultant that the Work is
complete.
3. The Consultant will within a
reasonable amount of time,
reinspect the Work and the
Contractor shall be liable for
reinspection fees as described in
paragraph 1.04.
D. When the Consultant finds that the Work
is acceptable under the Contract
Documents, the Contractor may make
closeout submittals.
1.04 REINSPECTION FEES
A. Should the Consultant perform
reinspections due to failure of the Work
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Pumping Station #708 Rehabilitation Project SC01700-122 CONTRACT CLOSEOUT
to comply with the claims of status of
completion made by the Contractor:
1. Contractor will compensate the
CITY for such additional services.
2. CITY will deduct the amount of such
compensation from the final
payment to the Contractor.
1.05 CONTRACTOR'S CLOSEOUT SUBMITTALS
A. Warranties and Bonds: To requirements
of Section SC01740.
B. Evidence of Payment and Release of
Liens: To requirements of General and
Supplementary Conditions.
C. Certificate of Insurance for Products and
Completed Operations.
D. Final Application for Payment
E. Certificate of Substantial Completion.
F. Certificate of Final Inspection, Testing,
and Acceptance
G. Closeout of all applicable permits:
1. State or other jurisdictional permits
(as applicable):
a. FDOT
b. LWDD
c. SFWMD
d. USACE
e. FEC
f. CSX
2. PBC ROW/MOT
3. PBC Health Department
4. PBC Building Department
5. City of Boynton Beach – Right-of-
Way (ROW)
6. City of Boynton Beach Building
Department
1.06 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to
the Consultant.
B. Statement shall reflect all adjustments to
the Contract Sum:
1. The original Contract Sum.
2. Additions and deductions resulting
from:
a. Previous change orders or
written amendment.
b. Allowances.
c. Unit prices.
d. Deductions for uncorrected
work.
e. Deductions for liquidated
damages.
f. Deductions for reinspection
payments.
g. Other adjustments.
3. Total Contract Sum, as adjusted.
4. Previous payments.
5. Sum remaining due.
C. Consultant will prepare a final Change
Order, reflecting approved adjustments
to the Contract Sum which were not
previously made by Change Orders.
1.07 FINAL APPLICATION FOR PAYMENT
A. Contractor shall submit the final
Application for Payment in accordance
with procedures and requirements stated
in the Conditions of the Contract.
1.08 RECORD DOCUMENT SUBMITTAL
REQUIREMENTS
A. Submit data on 8 ½ x 11inch pages in
three-ring binders with durable covers.
B. Prepare binder cover and binder spine
with printed title “RECORD DOCUMENT
MANUAL”, title of project, and subject
matter of binder when multiple binders
are required.
C. Internally subdivide the binder contents
with permanent page dividers and tabs.
D. Contents: Prepare a Table of Contents
as follows:
1. Part 1: Directory, listing
names, addresses, and
telephone numbers of
Engineer, Contractor,
Subcontractors and
major equipment
suppliers.
2. Part 2: Project documents and
certificates, including the following:
a. Certificate of Substantial
Completion with signed-off
Substantial Completion
punchlist.
b. Certificate of Final
Acceptance.
c. Warranty of Title, form WT-1
d. Final Release of Lien
e. Pre- and Post-construction
videos and photographs on
DVD or CD.
f. Certifications of closeout of all
applicable permits (NPDES,
PBC Health Department,
SFWMD, LWDD, PBC or CBB
Building Permits, etc.)
E. Submit Operation and Maintenance (O &
M) Manuals for all equipment. The O&M
Manuals shall include the following
459
Pumping Station #708 Rehabilitation Project SC01700-123 CONTRACT CLOSEOUT
information:
a. Manufacturer’s name, address, and
telephone number.
b. List of equipment
c. Parts list for each component
d. Operating instructions
e. Maintenance instructions for
equipment and systems.
F. Submit to the CITY, one (1) draft copy of
the RECORD DOCUMENT MANUAL
fifteen (15) days prior to the request for
Final Inspection, Testing and
Acceptance. This copy will be reviewed
and returned prior to Final Inspection,
Testing and Acceptance, with the CITY’s
comments. Revise content of all
document sets as required.
G. Submit one (1) revised FINAL RECORD
DOCUMENT MANUAL and six (6) sets
for all Operation and Maintenance
Manuals, within ten (10) days after Final
Inspection, Testing and Acceptance. .
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.1 CLOSEOUT PROCEDURES
A. Submit written certification that the Work
has been completed in accordance with
Contract Documents and is ready for the
Substantial Completion and/or Final
Completion walk-throughs.
B. Provide submittals to the Consultant and
the CITY that are required by governing
or permitting authorities such as Palm
Beach County Health Department, Palm
Beach County Traffic/Land
Development, FDOT, etc. in order to
closeout the project.
C. Submit final Application for Payment
identifying total adjusted Contract Sum,
previous payments, and full release of
retainage.
D. Final payment and release of retention
with NOT be made until the RECORD
DOCUMENT MANUALS, Operation and
Maintenance Manuals, and the “AFTER”
photographic survey, video, and
photographs on DVD/CD have been
received and accepted by the CITY.
END OF SECTION
460
Pumping Station #708 Rehabilitation Project SC01720-124 PROJECT RECORD DOCUMENTS
SECTION 01720 - PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.01 IN-PROGRESS PROJECT RECORD
DOCUMENTS
A. All dimensions and annotations that are
noted below shall be included on the
progress and final Record Drawings.
Contractor shall maintain on site one (1)
record copy for the Consultant of the
following as it progresses:
1. Drawings:
a. Trench bottom elevations
b. Top of bedding (when
imported bedding is required)
c. Pipe invert at each structure
d. Station and off-set
measurements including grate
elevations for structures.
e. GPS coordinates/notations
f. Mapping of all soil density test
results (pass and fail)
2. Specifications
3. Addenda.
4. Change Orders and other
modifications of the Contract.
5. Consultant's Field Orders or written
instructions.
6. Approved Shop Drawings, Working
Drawings and Samples.
7. Field Test records.
8. Maintenance of Traffic (MOT) Plans
9. Construction photographs.
B. Related Requirements Described
Elsewhere:
1. Field Engineering: Section
SC01050.
2. Shop Drawings, Working Drawings
and Samples: Section SC01340.
3. Construction Photographs: Section
SC01380.
4. Video and Photographic Site
Survey: Section SC01390
1.02 RECORDING
A. Label each document "PROJECT
RECORD" in neat large printed letters.
B. Record information concurrently with
construction progress.
1. Do not conceal any work until
required information is recorded.
C. Drawings: Legibly mark to record actual
construction:
1. Depths of various elements of
foundation in relation to finish first
floor datum.
2. Location of existing internal utilities
and appurtenances concealed in
the construction, referenced to
visible and accessible features of
the structure.
3. Field changes of dimension and
detail.
4. Changes made by Field Order or by
Change Order.
5. Details not on original Contract
Drawings.
6. Equipment and piping relocations.
D. Specifications and Addenda: Legibly
mark each section to record:
1. Manufacturer, trade name, catalog
number of Supplier of each product
and item of equipment actually
installed.
2. Product substitutions and alternates
utilized.
3. Changes made by Field Order or by
Change Order.
1.02 SUBMITTAL
A. At Contract closeout, deliver Record
Documents to the Consultant for the
CITY.
B. Accompany submittal with transmittal
letter in duplicate, containing:
1. Date.
2. Project title and number.
3. Contractor’s name and address.
4. Title and number of each Record
Document.
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Pumping Station #708 Rehabilitation Project SC01720-125 PROJECT RECORD DOCUMENTS
5. Signature of Contractor or his
authorized representative.
PART 2 - PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
462
Pumping Station #708 Rehabilitation Project SC01800-126 MISCELLANEOUS WORK AND CLEANUP
SECTION 01800 - MISCELLANEOUS WORK AND CLEANUP
1 PART 1 - GENERAL
1.01 DESCRIPTION
A. Scope of Work:
1. This Section includes operations
which cannot be specified in detail
as separate items but can be
sufficiently described as to the kind
and extent to work involved. The
Contractor shall furnish all labor,
materials, equipment and
incidentals to complete the work
under this Section.
2. The work of this Section includes,
but is not limited to, the following:
a. Restoring of driveways and
fences.
b. Cleaning up.
c. Incidental work.
2 PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials required for this Section shall
be of the same quality as materials that
are to be restored. Where possible, the
Contractor shall reuse existing materials
that are removed and then replaced.
3 PART 3 - EXECUTION
3.01 RESTORING OF DRIVEWAYS AND
FENCES
A. Existing public and private driveways
disturbed by the Contractor shall be
replaced. Paved drives shall be repaved
to the limits and thickness existing prior
to construction. Gravel drives shall be
replaced and regraded.
B. The Contractor shall remove, store and
replace existing fences during
construction. Only the sections directed
by the Consultant shall be removed. If
any section of fence is damaged due to
the Contractor's negligence, it shall be
replaced with fencing equal to or better
than that damaged, and the work shall be
satisfactory to the Consultant.
3.02 CLEAN UP
A. The Contractor shall remove all
construction material, buildings,
equipment and other debris remaining on
the job as the result of construction
operations and shall render the site of the
work in a neat and orderly condition.
3.03 INCIDENTAL WORK
A. Do all incidental work not otherwise
specified, but obviously necessary for the
proper completion of the contract as
specified and as shown on the Drawings.
END OF SECTION
463
Pumping Station #708 Rehabilitation Project SC02084-127 WET WELLS
SECTION 02084 – WET WELLS
The Utilities Department uses the Florida Department of
Transportation (FDOT) Standard Specifications for Road and
Bridge Construction and the FDOT Design Standards 2004 as
reference documents. It is the intent of the Utilities
Department that this technical specification (02084) shall
govern the applicable project work that is typically identified in
the following FDOT Specification and Standard sections:
• Section 400 - Concrete Structures
• Section 415 - Reinforcing Steel
• Section 416 - Epoxy Coating of Bar Reinforcement
• Section 417 - Epoxy Coating of Reinforcing Welded
Wire Fabric
• Section 425 - Inlets, Manholes, and Junction Boxes
In the event that this technical specification (02084) is either
silent on an issue or requirement or if it appears to present a
conflict with the referenced FDOT Specifications and
Standards, it is the responsibility of the Contractor to request
clarification or resolution, in writing, from the Project Manager
and Engineer.
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Modular precast concrete manhole and inlet
sections with tongue-and-groove joints, risers, transition to lid,
frames, covers, anchorage, and accessories.
1.2 RELATED SECTIONS
A. Section 01200 – Price and Payment
Procedures
B. Section 01330 – Submittal Procedures
C. Section 01400 – Quality Requirements
D. Section 01700 – Execution Procedures
E. Section 02060 – Aggregate
F. Section 02320 – Trenching and Excavation
G. Section 02322 – Dewatering and Drainage
H. Section 02324 – Backfill
I. Section 02513 – Public Water Distribution
System
J. Section 02536 – Force Mains
K. Section 02538 Sanitary Sewer System
L. Section 02630 – Storm Drainage
M. Section 02740 – Subgrade, Base Course and
Asphalt
1.3 REFERENCES
Not Used.
1.4 UNIT PRICE – MEASUREMENT AND PAYMENT
A. Refer to Section 01200 – Price and Payment
The replacement of existing irrigation (public or
private) in the Public ROW as the result of wet well
installation is NOT a pay item. Replacement of
existing ROW irrigation (to match existing quality,
quantity and size) shall be incidental to the Unit
Price of the wet well/lift station.
1.5 SUBMITTALS FOR REVIEW AND
AUTHORIZAITON TO PROCEED
A. Shop Drawings: Indicate location and size of
reinforcing steel, manhole locations, inlet
locations, elevations, piping and conduit, sizes
and elevations of penetrations for the
following:
1. Precast Wet Well (including reinforcing
and joint), precast sections, including top slab.
1.6 PROJECT RECORD DOCUMENTS
A. Refer to Section 01700 EXECUTION
REQUIREMENTS for additional requirements.
B. Refer to Section 01720 RECORD DRAWING
REQUIREMENTS for additional requirements.
C. Refer to Section 01740 PROJECT
DOCUMENTATION and CLOSEOUT for
additional requirements.
1.7 DELIVERY, STORAGE AND HANDLING
A. Comply with precast concrete manufacturer’s
instructions for unloading, storing and moving
precast wet well or sections. Cracks or broken
ends due to improper handling will not be
acceptable. Lift holes will not be allowed.
B. Store precast concrete wet wells or sections to
prevent damage to Owner’s property or other
public or private property. Repair property
damage from materials storage.
C. Mark each precast structure by indentation or
waterproof paint showing date of manufacture,
manufacturer, and identifying symbols and
numbers shown on Drawings to indicate its
intended use.
PART 2 PRODUCTS
2.1 WET WELLS AND SECTIONS SANITARY
A. Materials
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Pumping Station #708 Rehabilitation Project SC02084-128 WET WELLS
1. Concrete: 4,000 PSI
2. Reinforcement:
a. All reinforcement shall be
A.S.T.M. A615, Grade 60 or 65
ksi welded wire fabric, either
smooth or deformed.
b. Except when ACI hooks are
specifically required,
reinforcement top and slab
shall be straight embedment.
c. All steel bars shall have 1 – ½”
minimum cover unless
otherwise show except for
precast circular units
manufactured under ASTM C-
76 or ASTM C-478. Horizontal
steel in rectangular structures
shall be lapped a minimum of
24 bar diameter at corners.
3. Flexible Gasket: Ram Neck Seal
4. Wet Well Coatings:
a. All reinforcement shall be
A.S.T.M. A615, Grade 60 or 65
ksi welded wire fabric, either
smooth or deformed.
b. Except when ACI hooks are
specifically required,
reinforcement top and slab
shall be straight embedment.
5. Manhole Brick: ASTM C32-73, Grade
MA.
6. Masonry Mortar: ASTM C270-82, Type M
– Type II Cement.
7. Top slab and access hatch shall be the
Utility Department Standard as shown on
the project construction drawings.
Access hatch shall be installed as to
open away from the pump control panel.
All wet well top slab hatches shall have
integral, aluminum safety grates as
manufactured by US Foundry
Fabrication, Inc.
B. Construction
1. Wet wells and sections shall be
constructed of precast reinforced
concrete. Reinforcing for the base
section and top shall be as shown on the
drawings. Reinforcing for the wall
sections shall be as specified in ASTM
C478 and shall extend into the tongue
and groove of the joints. There shall be a
#4 continuous rebar hoop around
openings. The base shall be monolithic
with the first wall section using a water
stop between base and first wall section.
2. Joints shall be tongue and groove
suitable for flexible Ram Neck seal
gasket.
3. Lifting hooks shall be used throughout.
Lift holes will not be allowed.
4. Components of the wet well shall be free
of fractures, cracks, and undue
roughness. Concrete shall be free of
defects that indicate improper mixing or
placing, and surface defects such
honeycomb or spalling. The Owner
reserves the right to inspect all precast
components at the factory.
PART 3 EXECUTION
3.1 FIELD QUALITY CONTROL\
A. Field inspection will be performed under
provisions of Section 01400 QUALITY
REQUIREMENTS.
3.2 EXAMINATION
A. Verify items provided by other sections of
Work are properly sized and located.
B. Verify that the Project is ready to receive the
structures.
C. Verify excavation for wet well is correct.
3.3 PREPARATION
A. Coordinate placement of inlet and outlet pipe
or duct sleeves required by other
sections.
3.4 WET WELL INSTALLATION
A. Trenches and excavations shall be kept dry
while work is in progress. Wet wells shall be
set according to project construction drawings
and shall be precast in accordance with
approved shop drawings, specification detail
and project construction drawings for this
project. All concrete irregularities shall be
plastered with cement mortar in such a
manner as to give near and watertight job. Wet
wells shall be core-drilled to provide pipe
opening when precast hole is not available.
B. “Ram-nek” or equivalent shall be used at all
riser joints. Structures with any leakage will not
be accepted.
3.5 INSTALLATION OF PIPE INTO MANHOLE
(WASTEWATER)
A. Trenches and excavations shall be kept dry
while work is in progress. Base slab and wall
thickness for precast manholes shall be as
shown on the detail drawings. Invert shall be
constructed as shown on the project
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Pumping Station #708 Rehabilitation Project SC02084-129 WET WELLS
construction drawings. Steep slopes outside
the invert channels shall be avoided. Changes
in size and grade shall be made gradually and
evenly.
B. Refer to the AGRU Sure-Grip, ChemRex
ThoRoc or SewperCoat details for installation
details and requirements.
3.6 FRAMES AND COVERS
A. The wet wells frames and covers (or top slabs)
shall be set firmly in mortar so that the top of
cover will be flush with the finished grade in
paved areas (following the cross slope / slope
of roadways and/or driveways) and 1 – inch
above the finished grade in unpaved areas,
unless shown otherwise on the project
construction drawings.
END OF SECTION
466
Pumping Station #708 Rehabilitation Project SC02230-130 SITE CLEARING
SECTION 02230 – SITE CLEARING
The Utilities Department uses the Florida Department of
Transportation (FDOT) Standard Specifications for Road and
Bridge Construction and the FDOT Design Standards 2004 as
reference documents. It is the intent of the Utilities
Department that this technical specification (02230) shall
govern the applicable project work that is typically identified in
the following FDOT Specification and Standard sections:
• Section 110 – Clearing and Grubbing
In the event that this technical specification (02230) is either
silent on an issue or requirement or if it appears to present a
conflict with the referenced FDOT Specifications and
Standards, it is the responsibility of the Contractor to request
clarification or resolution, in writing, from the Project Manager
and Engineer.
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Clearing
B. Removal
C. Topsoil Excavation
1.2 RELATED SECTIONS
A. Section 02221 – Building Demolition
B. Section 02300 – Earthwork
1.3 REFERENCES
Not Used.
1.4 UNIT PRICE – MEASUREMENT AND PAYMENT
A. Site Clearing: By the acre. Includes clearing
site, loading, and removing waste materials
from site, applying herbicide to designated
plant life.
1.5 SUBMITTALS
Not Used.
1.6 REGULATORY REQUIREMENTS
A. Conform to city code for environmental
requirements, disposal of debris, and grading
of site.
B. Coordinate clearing Work with Utility
Department and other utility companies.
PART 2 PRODUCTS
Not used.
PART 3 EXECUTION
3.1 PREPARATION
A. Verify that existing plant life designated to
remain is tagged or identified.
B. Identify a waste area for placing removed
materials.
3.2 PROTECTION
A. Locate, identify, and protect utilities that
remain, from damage.
B. Protect trees, plant growth, and features
designated to remain, as final landscaping.
C. Protect benchmarks, survey control points,
and existing structures from damage or
displacement.
3.3 CLEARING
A. Clear areas required for access to site and
execution of Work.
B. Remove trees and shrubs within marked
areas. Remove stumps, main root ball, system
to a depth of twenty-four (24) inches, surface
rock, and other features not included in the
final site plan designated “to remain”.
C. Clear undergrowth and dead wood, without
disturbing subsoil.
D. Apply herbicide to remaining stumps to inhibit
growth.
467
Pumping Station #708 Rehabilitation Project SC02230-131 SITE CLEARING
3.4 REMOVAL
A. Remove debris, rock, and extracted plant life
from site.
B. Remove paving, curbs, and concrete slabs not
designated “to remain”.
3.5 TOPSOIL EXCAVATION
A. Excavation topsoil from areas to be further
excavated, re-landscaped, or re-graded,
without mixing with foreign materials.
B. Do not excavate wet topsoil.
C. Stockpile in area designated on site to depth
not exceeding 8 feet and protect from erosion.
D. Remove excess topsoil not intended for reuse,
from site.
END OF SECTION
468
Pumping Station #708 Rehabilitation Project SC02536-132 FORCE MAINS
SECTION 02536 – FORCE MAINS
PART 1 GENERAL
1.1 The Scope of this technical specification is for
traditional, open-cut installation of force mains that
are not associated with directional drilling
installation. For force mains installed with
directional drilling, refer to technical specification
02446 DIRECTIONAL DRILLING.
1.2 SECTION INCLUDES
A. Submittals
B. Products
C. Preparation
D. Installation
E. Cleaning and Flushing
F. Testing
1.3 RELATED SECTIONS
A. Section SC1025 – Measurement and
Payment Procedures
B. Section SC01340 – Shop Drawings, Work
Drawings, and Samples
C. Section SC01400 – Quality Requirements
D. Section SC01700 – Contract Closeout
E. Section SC02060 – Aggregate Materials
F. Section SC02082 – Public Manholes and
Structures
G. Section SC2320 – Trenching and Excavation
H. Section SC02322 – Dewatering and Drainage
I. Section SC02324 – Backfill
J. Section SC02446 – Directional Drilling
K. Section SC02538 – Sanitary Sewer System
L. Section SC02740 – Subgrade, Base Course
and Asphalt
M. Section SC03300 – Cast-In-Place Concrete
1.4 UNIT PRICE – MEASUREMENT AND PAYMENT
A. Refer to Section SC01025 MEASUREMENT
AND PAYMENT.
When existing Right-of-Way (ROW) irrigation
must be disturbed due to pipeline installation
or swale development, any existing irrigation
lines shall be marked on the Contractors
drawings prior to or at the time of temporary
cutting & capping. The replacement of existing
irrigation in the Public Right-of-Way as the
result of pipeline installation or swale
development is NOT a pay item. Replacement
of existing ROW irrigation (to match existing
quality, quantity and size) shall be incidental to
the Unit Price of the pipeline or swale
development.
1.5 SUBMITTALS FOR REVIEW AND
AUTHORIZATION TO PROCEED
A. Refer to Section 02082 PUBLIC MANHOLES
AND STRUCTURES and 02446
DIRECTIONAL DRILLING.
B. Submit shop and manufacturer’s drawings
and catalog cut sheets for all pipe system
components.
1.6 SUBMITTALS AT PROJECT CLOSEOUT
A. Refer to Section SC01700 CONTRACT
CLOSEOUT and SC01720 PROJECT
RECORD DOCUMENTS for additional
requirements.
1.7 QUALITY ASSURANCE
A. Conform to applicable Palm Beach County
Health Department rules for materials and
installation of the work of this section.
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Pumping Station #708 Rehabilitation Project SC02536-133 FORCE MAINS
PART 2 PRODUCTS
2.1 All materials are to be MADE IN THE UNITED
STATES OF AMERICA. Allowable exceptions are
ductile iron fittings supplied by American Cast Iron
Pipe Company from Brazil, Sigma Corporation
from China, and Star Pipe Products from the United
States and China; and Electronic Marking System
(EMS) full-range markers by 3M from Mexico.
2.2 DUCTILE IRON PIPE
A. For Aboveground Installation:
1. Ductile iron pipe for aerial canal
crossings and lift station installations
shall conform to ANSI A21.15 and be
flanged. The pressure class shall be
Class 350 and thickness shall be Special
Thickness Class 53. Flanges shall
conform to ANSI A21.15. All pipe
supports, clamps and /or cradles shall
have a ½ inch neoprene liner between
the pipe and support.
B. For Underground Installation:
1. In general, the pressure class shall be
class 350. Ductile iron pipe shall conform
to ANSI A21.51. Pipe shall have a wall
thickness designed in compliance with
ANSI 21.50, American National Standard
for the Thickness Design of Ductile Iron
Pipe.
2. Joints shall be push-on rubber gaskets
unless identified otherwise in the project
construction drawings.
3. Restrained joints shall be as specified in
2.7, Restrained Mechanical Joints.
2.3 DUCTILE IRON FITTINGS
A. Fittings for ductile iron pipe shall be
manufactured of ductile iron shall
conform to the requirements of ANSI
A21.10 (AWWA C110) or ANSI A21.53
(AWWA C153).
Fittings shall be compatible with the pipe
and designed for 350 PSI working
pressure. The lining and coating of the
fittings shall be as specified for the pipe.
Joints for fittings 16-inches in diameter
and under shall be mechanical joint,
except above ground fittings shown on
the drawings, shall be flanged. Joints for
fittings 18-inches in diameter and above
shall be restrained type in accordance
with the schedule shown on the Standard
Detail Drawing. Gaskets for the flanged
joints shall be “Tourseal, TM” or
approved equal.
B. Lining Pipe and Fittings:
1. DIP and fittings for force mains shall
be ceramic epoxy lined (millage to
be according to manufacturer
specification) in accordance with
ASTM D1248.
2.4 POLYVINYLCHLORIDE (PVC) PIPE AND
FITTINGS
A. Pipe shall be unplasticized polyvinyl
chloride (PVC) plastic pipe with integral
bell containing a locked-in ring and
Spigot joints 4-inch through 12-inch.
B. Pipe shall be the requirements of AWWA
C900 or C905 “Polyvinyl Chloride (PVC)
Pressure Pipe”, Class 150 and shall meet
the requirements of SDR-18. PVC
compound for pipe and fittings shall meet
the requirements of ASTM D1784.
C. Fitting shall be Class 150 and conform to
the requirements of SDR-18, designed to
withstand a minimum of 755 PSI quick
burst pressure at 73°F, tested in
accordance with ASTM D1599. Bells
shall be gasketed joint conforming to
ASTM D3139 with gaskets conforming to
ASTM P477. Ductile iron push on joint or
M.J. (conforming to ANSI A21-10,
AWWA C110) or ANSI A21.53 (AWWA
C153) will be allowed as alternative when
PVC sizes are not available. Fittings shall
be as manufactured by the Harrington
Company, Scepter Mfg. Co., LTD. Or
approved equal.
2.5 EXTERIOR FINISH
470
Pumping Station #708 Rehabilitation Project SC02536-134 FORCE MAINS
A. For aboveground installation, the exterior
surfaces of pipe and fittings shall be
sandblasted to SSPC-SP-6 commercial Blast
requirements and painted with a three (3) coat
system. The 1st and 2nd coasts shall be epoxy
and the 3rd (final) coast shall be polyurethane
and colored BEIGE. The coating system shall
be manufactured by M.A.B. Paints, Tnemec or
an approved equal.
B. For underground installation, all pipe and pipe
fittings installed under this project will be color
coded or marked in accordance with
subparagraph 62-604.300(8)(a), F.A.C., using
GREEN as the predominant color. Ductile iron
pipe and fittings for force mains shall have the
standard bituminous coat on the exterior with
GREEN stripes applied during manufacturing
or installation. Underground plastic pipe shall
be solid-wall GREEN pipe.
C. Pipe striped during manufacturing of the pipe
will have continuous stripes that run parallel to
the axis of the pipe wall, that are located at no
greater than 90-degree intervals around the
pipe, and that will remain intact during and
after installation of the pipe. If paint is used to
stripe the pipe during the installation of the
pipe, the paint will be applied in a continuous
line that runs parallel to the axis of the pipe
and that is located along the top and along
each side.
2.6 ELECTRONIC MARKERS
A. Electronic Marking System (EMS) full-range
markers shall be by 3M. Full-range markers
shall be green for wastewater. The Contractor
shall install the full-range markers in
accordance with the manufacturer’s and City’s
standards. The full-range markers shall be
placed at the following locations:
1. Fittings, bends, reducers, tees, crosses,
deflections, valves, and air release
valves (ARV).
B. The installation of the full-range markers shall
be field verified by the Project Manager and
Engineer prior to the certification of the Work.
2.7 RESTRAINED MECHANICAL JOINTS
A. All pipe-to-pipe, branch connections, valves
and all change of direction fittings shall be
restrained with EBAA Iron
MEGALUG products or approved equal. A
second form of restraint, either thrust blocks or
EBAA Iron mid-span
MEGALUG, may be required in certain cases
as directed by the Project Manager and
Engineer.
B. All valves and change of direction fittings 16"
diameter and larger shall have two (2) forms
of restraint. The valve and fittings shall have
mechanical joints with EBAA Iron MEGALUG
products or approved equal, and either thrust
blocks or tie rods. If tie-rods are approved, the
tie-rods shall be in a “mid-span” configuration
utilizing EBAA Iron products or approved
equal.
C. Any line terminated as a construction phase
that is a known future extension, shall have a
valve placed at the end, and restrained with
EBAA Iron MEGALUG products or approved
equal to the last two (2) pipe joints.
D. Flex-Ring Restrained Joint Ductile Iron pipe
supplied by American Cast Iron Pipe
Company (ACIPCO) and TR Flex Restrained
Joint Ductile Iron pipe supplied by U.S. Pipe &
Foundry, LLC may be used as approved by
the Project Manager and Engineer. Self-
restraining push-on gaskets are allowed for
Jack & Bore applications only as approved by
the Project Manager and Engineer.
2.8 MISCELLANEOUS
A. For installation of pipe segments and/or
structures where moderate to significant root
intrusion could be a factor, the Contractor shall
furnish and install BioBarrier (or approved
equal) as a root barrier as directed by the
Project Manager and Engineer. Furnishing
and installing a BioBarrier is considered as an
incidental cost.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that trench cut is ready to receive Work
as required by this Section and excavations,
dimensions, and elevations are as indicated
471
Pumping Station #708 Rehabilitation Project SC02536-135 FORCE MAINS
on project construction drawings.
3.2 PREPARATION
A. Cut pipe ends square, ream pipe and tube
ends to full pipe diameter, remove burrs.
B. Remove scale and dirt on inside and outside
before assembly.
C. Prepare pipe connections to equipment with
flanges or unions.
3.3 INSTALLATION – PIPE SYSTEM
A. Installation:
1. Installation of pipe and associated fittings
shall be in accordance with current
AWWA and NSF specifications, and
manufacturer's requirements for their
particular products. All mains shall have
a 36" clear cover to finished grade
(keeping in mind the project’s swale
requirements) with pipe being as level as
possible. Any variance will require
approval by the Project Manager.
2. Changes in pipe alignment may be
accomplished using appropriate fittings
or through pipe deflection. Pipe
deflection at the joint is allowed with
ductile iron pipe only and shall not
exceed 75% of the manufacturer's
recommended maximum joint deflection.
3M Full-Range Markers are required at
all fittings and valves. Regardless of
pipeline or pipeline component depth, the
full-range markers shall be installed no
deeper than 8 feet and shall be directly
over the fitting or adjacent to the valve.
3. All pipe shall be laid in trenches having a
dry and stable bottom. Backfill shall be
free of boulders and debris. Pipe shall be
fully supported along its entire length.
Sharp or rocky material encountered in
the base shall be replaced with proper
bedding. Pipe shall be laid on line and
grade as designed.
4. All valves (gate, butterfly, air release,
etc.) shall be placed according to plans
unless relocation is approved by the
Project Manager. As-built drawings shall
reflect the actual location of all mains and
valves.
5. All road crossings, pavement cuttings
and restoration shall be in accordance
with the requirements of the City or Palm
Beach County (if project is located in their
jurisdiction but within the Department’s
service area).
6. At certain locations restrained joints shall
be used in accordance with the details
shown on the project construction
drawings. Restrained joints shall be
special restrained push-on joint with the
approved pipe material MEGALUGS (or
approved equal). Selection of
MEGALUG mechanical joint restraints
shall be in accordance with the
manufacturer’s requirements.
7. Self-restraining push-on gaskets may be
used for Jack & bore installations only
where specifically approved by the
Project Manager and Engineer.
8. Clearance of 18” or one pipe diameter,
whichever is greater, shall be maintained
between all fittings (bells, valves, flanges,
etc.).
3.4 CONNECTION TO EXISTING SYSTEM:
A. All connections to existing force mains shall be
made under the direct supervision of the
Project Manager. Valves on existing force
mains shall be operated by Department
personnel or under direct supervision by the
Project Manager.
B. Prior to connection, the contractor shall verify
the structural integrity of the pipeline to be
tapped or cut by means of a non-destructive
evaluation technique (i.e. ultrasonic). Findings
shall be reported and delivered to the Project
Manager and Engineer for confirmation of the
proposed connection location.
C. All pipe coupons from tapping sleeve tie-ins
shall be saved, labeled and dated by the
Contractor and transmitted to the Project
Manager.
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Pumping Station #708 Rehabilitation Project SC02536-136 FORCE MAINS
D. Tapping sleeve and valve shall be pressure
tested prior to tapping. If service must be cut
off to existing customers, the Project Manager
must have seven (7) days’ notice to make
necessary notifications. The Contractor may
be required to assist in notifications. In this
event, Contractor shall be ready to proceed
with as much material pre-assembled as
possible at the site to minimize the length of
service interruption.
The Project Manager will postpone a service
cut-off if the contractor is not ready to proceed
on schedule. Such connections may be made
at night to minimize effects. No customer
should be without service for more than six (6)
hours.
3.5 CLEANING AND FLUSHING (DOMESTIC
WATER):
A. Upon completion of pipe installation, for any
section, perform canon flushing and
pigging/swabbing in accordance with the
detail shown on the project construction
drawings. Project Manager and Engineer must
observe the pig/swab being inserted in the line
and the flushing operation.
3.6 TESTING
A. Pressure:
1. Prior to conducting the official pressure
test, to be witnessed by the Project
Manager and Engineer, the Contractor
shall conduct and document a
preliminary pressure test meeting all of
the following requirements.
2. All force mains shall be pressure tested.
Potable water shall be supplied to the
main and pumped to the required
pressure of 150 PSI. The force main
being tested shall be separated from the
supply line or isolated by a double valve
arrangement.
Allowable leakage shall be one-half of
that as determined by the following
formula:
L = Allowable leakage (gallon per hour)
S = Length of pipe (feet)
D = Nominal diameter of pipe (inches)
P = Average test pressure (PSIG)
3. The maximum length of line to be tested
as one section will be 2,000 feet. The
standard test duration is two (2) hours.
END OF SECTION
000,148
PSDL=
473
Pumping Station #708 Rehabilitation Project SC02734-137 FLOW BYPASS PUMPING SYSTEM
SECTION 02734 – FLOW BYPASS PUMPING SYSTEM
PART I GENERAL
1.01 REFERENCES
A. The following is a list of standards which may
be referenced in this section:
1. American Society for Testing and
Materials (ASTM): D3350-84,
Polyethylene Plastics, Pipe and Fittings
Materials.
1.02 SYSTEM DESCRIPTION
A. Performance Requirements:
1. It is essential to the operation of the
existing sewerage system that there be
no interruption in the flow of sewage
throughout the duration of the Project.
Provide, maintain, and operate all
temporary facilities such as dams, plugs,
pumping equipment (both primary and
backup units as required), conduits, and
all necessary power to intercept the
sewage flow before it reaches the point
where it would interfere with the Work,
carry it past the Work, and return it to the
existing sewer downstream of the Work.
2. Design, install, and operate the
temporary pumping system.
3. Convey the sewage safely past this Work
area. Do not stop or impede the main
flows under any circumstances.
4. Maintain sewer flow around the Work
area in a manner that will not cause
surcharging of sewers, damage to
sewers, and that will protect public and
private property from damage and
flooding.
5. Protect water resources, wetlands, and
other natural resources.
6. Provide 24 hour/day, 7 days/week
monitoring of the bypass pumping
system with immediate notification to the
Contractor and OWNER of any pumping
system problems, and field response by
Contractor to correct issues within 1 hour
of notification of a problem.
B. Design Requirements:
1. Provide all pipeline plugs, pumps of
adequate size to handle peak flow, and
temporary discharge piping, to ensure
that the total flow of the sewer and
service connections can be safely
diverted around the section to be
replaced. Bypass pumping system will be
required to be operated 24 hours per day
7 days per week, including holidays
during bypass pumping operation. The
system operating pressure shall be as
required to pump into the system.
2. Install one bypass pump at each pump
station or manhole to be bypassed, as
required. There shall be one back-up
pump ready for immediate use in the
event of an emergency or breakdown of
any of the pumps. Each pumping location
shall have provisions for immediate
installation of a redundant pump without
shutting the system down.
3. Single discharge piping shall be provided
for all bypass pumping operations. Each
individual discharge pipeline shall be of
adequate size to convey the required
flow for the system’s normal operating
pumps.
4. Provide adequate enclosure around all
bypass pumping equipment.
5. To minimize odors, install the discharge
piping to within 2 feet of the manhole
bottom and provide lockable security
covers with an inspection door over all
suction and discharge manholes. Covers
can be made of ¾-inch plywood, securely
fastened over the manholes.
6. Maintain onsite portable lights for
emergency use only.
7. Discharge must have an isolation valve
and a check valve.
8. Pump station cleanouts shall not be used
for bypass pumping.
1.03 SUBMITTALS
A. Shop Drawings: Detailed plans and
descriptions outlining all provisions and
precautions regarding the handling of existing
wastewater flows. This plan must be specific
and complete including such items as
schedules, locations, elevations, capacities of
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Pumping Station #708 Rehabilitation Project SC02734-138 FLOW BYPASS PUMPING SYSTEM
equipment, materials and all other incidental
items necessary and/or required to ensure
proper protection of the facilities, including
protection of public and private property from
damage and flooding by surcharging of
sewers. The plan must be approved by the
OWNER and ENGINEERA a minimum of 72
hours prior to the start of by-pass operations.
The plan shall include, but not be limited to,
details of the following:
1. Staging areas for pumps.
2. Sewer plugging method and types of
plugs.
3. Size, material, location and method of
installation of suction piping.
4. Size, material, method of installation and
location of installation of discharge piping.
5. Bypass pump sizes, capacity, and power
requirements.
6. Calculations of static lift, friction losses,
and flow velocity (pump curves showing
pump operating range shall be
submitted).
7. Standby power generator size, location.
8. Downstream discharge plan.
9. Method of protecting discharge
manholes or structures from surface
water infiltration, erosion, and damage.
10. Thrust and restraint block sizes and
locations.
11. Sections showing any suction and
discharge pipe depth, embedment,
select fill and special backfill where
required.
12. Method of noise control for each pump
and/or generator.
13. Any temporary pipe supports and
anchoring required.
14. Plans for access to bypass pumping
locations.
15. Calculations for selection of bypass
pumping pipe size.
16. Schedule for installation of and
maintenance of bypass pumping lines.
17. Plans indication selected location of
bypass pumping line and air valve
locations.
18. Inventory of disinfection materials in case
of spillage.
19. Description of 24 hour/day, 7 days/week
monitoring system and immediate
notification to Contractor and OWNER of
any pumping system problems.
20. Description of procedures to be used for
field response by Contractor to correct
issues within 1 hour of notification of a
problem.
21. Locations of all existing utilities.
22. Pre-construction photos and video of the
bypass project area.
B. Quality Control Submittals:
1. Certification of vendor’s compliance with
qualifications included in Article
QUALITY ASSURANCE.
2. Weekly maintenance and inspection
logs.
1.04 QUALITY ASSURANCE
A. System operators to be full-time employees or
specialized vendor with minimum 1-year
experience in operating and maintaining
bypass systems.
1. Provide three references from projects of
similar size performed in the past 3 years.
B. Be responsible for any spillage of raw sewage
that results in civil or criminal charge from any
local, state, or federal agency. Bear costs for
these charges and any required restoration.
1.05 MAINTENANCE
A. Maintenance Service: Ensure that the
temporary pumping system is properly
maintained and that a responsible operator is
on call at times when pumps are operating.
B. Extra Materials: Spare parts for pumps and
piping shall be kept onsite as necessary.
Spare parts shall include, but not be limited to,
the following: Extra pipe for each size and
repair clamps for each bypass discharge line
installed.
C. Adequate hoisting equipment for each pump
and accessories shall be maintained on the
site.
PART 2 PRODUCTS
2.01 BYPASS PIPING MATERIALS
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Pumping Station #708 Rehabilitation Project SC02734-139 FLOW BYPASS PUMPING SYSTEM
A. Header Piping: Header piping shall be used
to connect the pumps to the discharge piping,
if required. The header shall be constructed
of rigid pipe with positive, restrained joints or
reinforced high pressure hose, with a total
maximum length of 50 feet. Under no
circumstances will aluminum "irrigation" type
piping or glued PVC pipe be allowed. Header
piping will only be allowed in short sections
and by specific permission from the
ENGINEER or OWNER.
B. Discharge Piping: Discharge piping shall be
used from the connection at the header piping
to the discharge point. At the beginning of the
Project, all discharge piping shall be new high
density polyethylene pressure piping
conforming to ASTM D3350 with a minimum
SDR of 32.5, or reinforced high pressure hose.
Discharge piping may be reused for
subsequent flow bypass pumping system
placements, however, the OWNER or
ENGINEER at their sole discretion shall have
the right to reject sections of discharge piping
deemed by either of them to be unserviceable.
2.02 EQUIPMENT
A. All pumps used shall be fully automatic self
priming units that do not require the use of
foot-valves or vacuum pumps in the priming
system. The primary pumps must be electric
with diesel powered backup. Pumps can be
trailer mounted. All pumps used must be
constructed to allow dry running for long
periods of time to accommodate the cyclical
nature of effluent flows.
B. Provide the necessary stop/start controls and
a visual alarm indicating a pump malfunction
for each pump.
C. The back-up pumps shall be online, isolated
from the primary system by a valve.
D. Incorporate noise prevention measures for
any and all equipment being used to insure
minimum noise impact on the surrounding
areas.
1. Include: hospital grade silencers or
mufflers, equipment modifications, and
special equipment or sound barrier walls
as necessary to limit noise levels below
55 decibels at a distance of 25 feet in the
direction of any residential home for all
diesel powered back-up pumps.
Contractor shall perform a dry run to test
actual decibel levels prior to the start of
by-pass operations.
2. In the event the CONTRACTOR fails to
comply with maximum permissible noise
level decibels in the operation of the flow
bypass pumping system, the OWNER or
ENGINEER may order the
CONTRACTOR to stop operation of the
flow bypass pumping system until such
time as specified noise levels are
achieved. The termination of the flow
bypass pumping system for such reason
shall not be the basis for any extension of
Contract time not for any claim for
additional compensation.
PART 3 – EXECUTION
3.01 PREPARATION
A. Precautions:
1. Locate any existing utilities in the area
selected to locate the bypass pipelines.
Locate bypass pipelines to minimize any
disturbance to existing utilities and obtain
approval of the pipeline locations from
OWNER, property owners, all utilities,
and the ENGINEER prior to installation.
2. Bypass pump all wastewater flows during
all phases of the Work and coordinate all
bypass pumping operations with the
ENGINEER or OWNER.
3.02 INSTALLATION
A. Plugging or blocking of sewage flows shall
incorporate a primary and secondary
plugging device. When plugging or
blocking is no longer needed for
performance and acceptance of Work, it
is to be removed in a manner that permits
the sewage flow to slowly return to
normal without surge, to prevent
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Pumping Station #708 Rehabilitation Project SC02734-140 FLOW BYPASS PUMPING SYSTEM
surcharging or causing other major
disturbances
downstream.
B. When working inside manholes, exercise
caution and comply with combustible or
oxygen-deficient atmospheres, confined
spaces, and all OSHA requirements.
C. The bypass pipeline should be located off
streets, sidewalks, and shoulders of the roads
whenever possible. When the bypass pipeline
crosses local streets and private driveways,
place the bypass pipelines in trenches and
cover with temporary pavement or other
approved methods. Obtain approvals for
placement of the temporary pipeline within
public rights-of-ways.
D. Protect the bypass discharge line from
damage in the areas of backhoe operations.
E. Confine the bypass discharge pipeline to the
area within the temporary construction area
and permanent easement, for in-place or
during relocation of the pipeline.
3.03 FIELD QUALITY CONTROL
A. Test: Perform a hydrostatic pressure test with
clean water for each section of discharge
piping with a maximum pressure equal to 1.5
times the maximum operation pressure of the
system. The ENGINEER or OWNER shall
witness the test to ensure that there are no
leaks in the discharge piping prior o actual
operation.
B. Monitoring Test: Perform a test of the
monitoring system and demonstrate proper
notification Is sent to the Contractor and
OWNER in case of pumping system problems.
C. The Operator shall inspect the bypass
pumping system every hour, or on a schedule
approved by the ENGINEER or OWNER.
1. An inspection log shall be kept at each
pumping location. Each inspection log
shall be marked with a time clock stamp
to ensure the required maintenance and
inspections are being performed.
D. Noise Levels: Contractor shall perform decibel
tests every 4 hours around the clock. A log of
test results shall be kept at each pumping
location.
3.04 CLEANING
A. Sewage remaining in the bypass discharge
pipeline and/or pumping equipment shall be
flushed with City water and discharged to a
working sewer before the bypass pumping
system is broken down and moved to the next
section. City water service must be protected
by use of a backflow preventer.
B. Disturbed Areas: Upon completion of the
bypass pumping operation, the contractor
shall clean up all areas disturbed by these
operations, restoring same to a condition,
including pavement restoration, at least equal
to that which existed prior to the start of the
Work.
END OF SECTION
477
Pumping Station #708 Rehabilitation Project SC02960-141 RESTORATION
SECTION 02960 – RESTORATION
PART 1 GENERAL
1.1 SECTION INCLUDES
A. The work includes the restoration of driveway
aprons, mail boxes, grassed and sodded
areas, trees and plants, roadways, sprinkler
systems, sidewalks and any other
improvements required as a result of the
Work.
B. Restoration of surface improvements shall be
concurrent with the installation of the water
main, force main, drainage improvements or
sanitary sewer; the work includes swale
development and improvements on both sides
of the streets in the project area. Work
includes re-grading, sodding, driveway apron
reconstruction, replacement of pre-existing
irrigation systems and all surface restoration
including trench repair. At no time, shall there
be more than 2,500 feet of incomplete surface
restoration including “rocked-in” trench repair.
C. This section includes furnishing equipment,
labor and materials, and performing all
necessary and incidental operations to
perform the required Work.
1.2 RELATED SECTIONS
A. Section 01200 – Price and Payment
Procedures
B. Section 01330 – Submittal Procedures
C. Section 01400 – Quality Requirements
D. Section 02740 – Subgrade, Base Course and
Asphalt
E. Section 02924 – Seed, Mulch and Fertilizer
F. Section 02925 – Sodding
G. Section 02930 – Exterior Plants
H. Section 03300 – Cast-In-Place Concrete
1.3 REFERENCES
Not Used.
1.4 UNIT PRICE – MEASUREMENT AND PAYMENT
A. Unless specifically called out in the Schedule
of Bid Items, work under this Section shall be
considered incidental to the Work as detailed
in the related Sections.
When existing Right-Of-Way (ROW) irrigation
must be disturbed due to pipeline installation
or swale development, the existing lines shall
be cut-&-capped during the
construction/installation process. The
replacement of existing irrigation in the Public
ROW is NOT a pay item. Replacement of
existing ROW irrigation shall be incidental to
the Unit Price of the specific work item.
Replacement material (pipe, fittings and
sprinkler heads) shall be equal to or of a better
quality, quantity and size than the pre-existing.
PART 2 PRODUCTS
2.1 Refer to the individual Sections identified above
3 PART 3 EXECUTION
3.1 RESTORATION ACTIVITIES
A. Areas affected by the Work shall be restored
to a condition equal to or better than the
condition existing before the commencement
of the Work. Additionally, the Contractor shall
re-set/replace disturbed and/or damaged
mailboxes (all mailboxes shall conform to the
current requirements of the US Post Office)
and the Contractor shall re-set or replace
existing signage.
3.2 BUSH, PLANT, SHRUB AND/OR TREE
REMOVAL AND REPLACEMENT CRITERIA
A. Bushes, plants, shrubs and/or trees that have
been planted in the City, County or State ROW
by the adjacent property owner and is in direct
conflict with a proposed utility improvement
that includes swales, shall be removed to
allow for the installation of the project
improvements and NOT replaced.
END OF SECTION
478
Pumping Station #708 Rehabilitation Project SC03930-142 CONCRETE REHABILITATION
SECTION 03930 – CONCRETE REHABILITATION
The Utilities Department uses the Florida Department of
Transportation (FDOT) Standard Specifications for Road and
Bridge Construction and the FDOT Design Standards 2004 as
reference documents. It is the intent of the Utilities
Department that this technical specification (03930) shall
govern the applicable project work that is typically identified in
the FDOT Specification and Standard sections.
In the event that this technical specification (03930) is either
silent on an issue or requirement or if it appears to present a
conflict with the referenced FDOT Specifications and
Standards, it is the responsibility of the Contractor to request
clarification or resolution, in writing, from the Project Manager
and Engineer.
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Preparation of concrete and application of
repair materials
B. Restoration of concrete surfaces
C. Repair of concrete internal reinforcement
1.2 RELATED SECTIONS
A. Section 01200 – Price and Payment
Procedures
B. Section 01330 – Submittal Procedures
C. Section 01400 – Quality Requirements
D. Section 03300 Cast In Place Concrete
1.3 REFERENCES
A. ASTM A82 - Standard Specification for Steel
Wire, Plain, for Concrete Reinforcement
B. ASTM A615 Standard Specification for
Deformed and Plain Billet Steel Bars for
Concrete Reinforcement
C. ASTM C33 - Standard Specification for
Concrete Aggregates
D. ASTM C150 - Standard Specification for
Portland Cement
E. ASTM C882 - Standard Test Method for Bond
Strength of Epoxy Resin Systems Used with
Concrete by Slant Shear
F. ASTM D638 - Standard Test Method for
Tensile Properties of Plastics
G. ASTM D695 - Standard Test Method for
Compressive Properties of Rigid Plastics
H. AWS D1.4 Structural Welding Code
Reinforcing Steel
1.4 UNIT PRICE MEASUREMENT AND PAYMENT
A. Repair Surface: By the square yard. Includes
cleaning, surface preparation, repair, finishing.
1.5 SUBMITTALS FOR INFORMATION
A. Manufacturer's Certificate: Certify that
specified products meet or exceed specified
requirements.
1.6 SUBMITTALS AT PROJECT CLOSEOUT
A. Accurately record actual locations of structural
reinforcement repairs, type of repair, and
material.
1.7 QUALITY ASSURANCE
A. Perform welding work in accordance with
AWS D1.4.
B. Materials Manufacturer: Company
specializing in manufacturing the products
specified in this Section with minimum three
years documented experience.
C. Design reinforcement splices under direct
supervision of a Professional Structural
Engineer experienced in design of this Work
and licensed in the State of Florida.
D. Applicator: Company specializing in concrete
repair with minimum three years documented
experience.
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Pumping Station #708 Rehabilitation Project SC03930-143 CONCRETE REHABILITATION
PART 2 PRODUCTS
2.1 PATCHING MATERIALS
A. Epoxy Resin: Two part epoxy adhesive
containing 100 percent solids, meeting the
following minimum characteristics:
Characteristic Test Method
Results
Bond Strength ASTM C882
2,700 psi
Tensile Strength ASTM D638
6,600 psi
Elongation ASTM D638
2 percent @ 7 days @ 70°F
Compressive Strength ASTM D695
6,500 psi
B. Bonding Agent: Polyvinyl acetate emulsion,
dispersed in water while mixing, non
coagulant in mix, water resistant when cured.
C. Portland Cement: ASTM C150, Type A, white
color.
D. Sand: ASTM C33, uniformly graded, clean.
E. Water: Clean and potable.
F. Cleaning Agent: Commercial muriatic acid of
normal percent strength.
2.2 REINFORCEMENT MATERIALS
A. Reinforcing Steel: ASTM A615/A615M, 40 ksi
yield grade billet steel deformed bars,
unfinished finish.
B. Stirrup Steel: ASTM A82.
2.3 MIXING EPOXY MORTARS
A. Mix epoxy mortars in accordance with
manufacturer's instructions for purpose
intended.
B. Mix components in clean equipment or
containers. Conform to pot life and workability
limits.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that surfaces are ready to receive work.
B. Beginning of installation means acceptance of
existing surfaces.
3.2 PREPARATION
A. Clean concrete surfaces of dirt, laitance,
corrosion, or other contamination; wire brush
using water; rinse surface and allow to dry.
B. Flush out cracks and voids with chemical
solvent or water to remove laitance and dirt.
Chemically neutralize by rinsing with water.
C. For areas patched with epoxy mortar, remove
broken and soft concrete 1/4 deep. Remove
corrosion from steel. Clean surfaces
mechanically; wash with cleaning agent rinse
with water.
D. Sandblast or pressure clean the exposed
reinforcement steel surfaces. Mechanically
cut away damaged portions of bar.
3.3 REPAIR WORK
A. Repair exposed structural, shrinkage, and
settlement cracks of concrete as indicated on
Drawings by the epoxy injection or epoxy
mortar method.
B. Repair spalling. Fill voids flush with surface.
C. Repair reinforcement by welding new bar
reinforcement to existing reinforcement with
sleeve splices. Strength of welded splices and
reinforcement to exceed original stress
values.
3.4 INJECTION EPOXY RESIN ADHESIVE
A. Inject adhesive into prepared ports under
pressure using equipment appropriate for
particular application.
B. Begin injection at lower entry port and
continue until adhesive appears in adjacent
entry port. Continue from port to port until
entire crack is filled.
480
Pumping Station #708 Rehabilitation Project SC03930-144 CONCRETE REHABILITATION
C. Remove temporary seal and excess adhesive.
D. Clean surfaces adjacent to repair and blend
finish.
3.5 APPLICATION EPOXY MORTAR
A. Trowel apply mortar mix to an average
minimum thickness. Tamp into place filling
voids at spalled areas.
B. For patching honeycomb, trowel mortar onto
surface, work mortar into honeycomb to bring
surface flush with surrounding area. Finish
trowel surface to match surrounding area.
C. Cover exposed steel reinforcement with epoxy
mortar, feather edges to flush surface.
END OF SECTION
481
Pumping Station #708 Rehabilitation Project 145
THE DOCUMENTS
BEHIND THIS PAGE
MUST ACCOMPANY PROPOSAL
IN ORDER FOR SUBMITTAL
TO BE CONSIDERED
COMPLETE AND ACCEPTABLE
482
THIS PAGE IS TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Pumping Station #708 Rehabilitation Project 146
A D D E N D A
CITY OF BOYNTON BEACH
FLORIDA
BID TITLE: PUMPING STATION #708 REHABILITATION PROJECT
BID TASK ORDER NO.: LS-20-2024
BIDDER:
DATE SUBMITTED:
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in
the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor, and services necessary to complete/provide
the work specified by the Contract documents.
Having studied the documents prepared by:
________________________________________________________________________
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM NO. DATE ADDENDUM NO. DATE
________________ _____________ ________________ ____________
________________ _____________ ________________ ____________
________________ _____________ ________________ ____________
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
483
THIS PAGE IS TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR THE BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Pumping Station #708 Rehabilitation Project 147
TRENCH SAFETY ACT
AFFIDAVIT
On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the
Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29
CFR.S.1926.650, as Florida’s own standards.
The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all
applicable trench safety standards. Such assurance shall be legally binding on all persons employed by
the Contractor and its subcontractors.
The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable
trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND
IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT
(90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED
WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM,
I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR
BID DOCUMENTS.
Name of Proposer
Authorized Signature of Proposer
*COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE
FOLLOWING HEADINGS:
Description Unit Quantity Unit Price Extended Price Method
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Pumping Station #708 Rehabilitation Project 148
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO BE COMPLETED AND UPLOADED ONLINE
I, ___________________________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice,
in writing, to the 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 Florida Statute § 287.135.
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 s. 215.473, 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.
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Pumping Station #708 Rehabilitation Project 149
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
_________________________
DATE
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Pumping Station #708 Rehabilitation Project 150
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLINE
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 of gift, directly or
indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 202__.
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
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Pumping Station #708 Rehabilitation Project 151
NON-COLLUSION AFFIDAVIT OF PROPOSER
TO BE COMPLETED AND UPLOADED ONLINE
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.
488
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Pumping Station #708 Rehabilitation Project 152
NAME RELATIONSHIP
__________________________________
____________________________________
__________________________________
____________________________________
Witnesses:
________________________________
Typed name:
________________________________
Typed name:
BIDDER:
Signed: ______________________________
Name: ______________________________
Title: _______________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
______________________________________
Notary Public (Signature)
My Commission Expires: ______________
(Signed)________________________________
(Title)__________________________________
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Pumping Station #708 Rehabilitation Project 153
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conduction of business in the City of Boynton Beach. Preference shall be
given to contractors with an established safety program following O.S.H.A. guidelines, and documented
results establishing a safe working environment.
1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract
(attach to the back of this form).
2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor,
employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to terminate the Contract where it is determined that the contractor or
subcontractor is in non-compliance of the safety terms, regulations, or requirements established by
O.S.H.A. or the State.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
AUTHORIZED SIGNATURE
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Pumping Station #708 Rehabilitation Project 154
WARRANTIES
In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction
Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton
Beach, Florida:
1. The Contractor is financially solvent and sufficiently experienced and competent to
perform all of the work required of the Contractor in the Construction Contract; and
2. That the facts stated in the Contractor’s Bid and information given the Contractor
pursuant to the request or proposal for Bids, instructions to Contractors and
Specifications are true and correct in all respects; and
3. That the Contractor has read and complied with all of the requirements set forth in the
request for Bids, instructions to Contractors and Specifications; and
4. That the Contractor warrants all materials supplied by it under the terms of the
Construction Contract are delivered to the City of Boynton Beach, Florida, free from any
security interest, and other lien, and that the Contractor is a lawful owner having the right
to sell the same and will defend the conveyance to the City of Boynton Beach, Florida,
against all persons claiming the whole or any part thereof; and
5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction
Contract are free from the rightful claims of any persons whomsoever, by way of patent
or trademark infringement or the like; and
6. That the materials supplied under the Construction Contract are merchantable within the
meaning of the Uniform Commercial Code Section 2-314; and
7. That the materials supplied under the Construction Contract are free from defects in
materials and workmanship under normal use and service and that any such materials
found to be defective shall be replaced by the Contractor as per the attached Warranty.
8. That the materials supplied pursuant to the Construction Contract are fit for the purposes
for which they are intended to be used; that under normal use and maintenance the
material will continue to be fit for such purposes for the warranty period after delivery,
provided that the City shall give the Contractor notice that the materials failed to fulfill
the warranty; such notice shall state in what respect the materials have failed to fulfill the
warranty, where upon the Contractor shall be allowed a reasonable time after receipt of
such notice to correct the defect and the City agrees to cooperate in this regard. If the
materials cannot be made to fulfill the Contract within the warranty period the Contractor
will either furnish duplicate materials, or at its option refund the amount paid, which shall
constitute a settlement in full for all damages occasioned by reason at this warranty of
fitness; and
9. That this Warranty is included in exposures for which the Contractor has products
liability and completed operations insurance, in minimum amounts of One Million
($1,000,000.00) Dollars for property damage and One Million ($1,000,000.00) Dollars
for personal injury as shown on the Certificates of such Insurance attached hereto, and
the Contractor agrees to keep such insurance coverage during the period of this
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Pumping Station #708 Rehabilitation Project 155
Warranty; and
10. That it is an express condition of this Warranty that the item(s) hereby warranted shall
be operated and maintained by the City in accordance with the manufacturer’s
recommendations as to those portions of the item(s) that are not fabricated by the
Contractor, and in accordance with the Contractor’s recommendations, a copy of which
has either been supplied to the City of Boynton Beach should maintain complete and
accurate records made at the time of performance of maintenance showing compliance
with such instructions, and by acceptance of this Warranty, the City of Boynton Beach,
Florida, agrees to present such records to the Contractor upon request in the event of
a claim hereunder by the City;
11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties
offered. They are not substituted, but in addition to, any other Warranties offered; and
12. That it is agreed and understood by the Contractor that the City of Boynton Beach,
Florida, is induced to enter the Construction Contract in reliance upon this Warranty.
SIGNED, sealed and delivered on this _____ day of __________________, 202_.
(SEAL) CONTRACTOR:
By: ____________________________
ATTEST:
_________________________________
Secretary
492
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Pumping Station #708 Rehabilitation Project 156
CITY OF BOYNTON BEACH
E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES
TO BE COMPLETED AND UPLOADED ONLINE
Project Name: PUMPING STATION #708 REHABILITATION PROJECT
Solicitation No.: LS-20-2024
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 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 contractor 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.
493
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Pumping Station #708 Rehabilitation Project 157
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
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Pumping Station #708 Rehabilitation Project 158
BID TASK ORDER NO. LS-20-2024
SCHEDULE OF SUB-CONTRACTORS
The Undersigned 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.
Name and Address of Subcontractors Scope of Work License No. Contract
Amount
Percentage
(%) of Contract
Signature ____________________________________ Date: _______________________
Title/Company ________________________________
Owner reserves the right to reject any subcontractor 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 subcontractor in order to make a determination as to the foregoing.
495
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Pumping Station #708 Rehabilitation Project 159
STATEMENT OF NO BID
If you are not bidding on this service/commodity, please complete and return this form by email to: City of
Boynton Beach, Financial Services, Theresa Gonzalez, Senior Buyer at gonzalezt@bbfl.us.
Failure to respond may result in deletion of vendor’s name from the qualified bidder’s list for the City
of Boynton Beach.
COMPANY NAME: ______________________________________________________________________
ADDRESS: ______________________________________________________________________
______________________________________________________________________
TELEPHONE: ______________________________________________________________________
SIGNATURE: ______________________________________________________________________
DATE: ______________________________________________________________________
WE, the undersigned have declined to respond to your Bid Task Order No. ___________________ for
____________________________________ because of the following reasons:
______________ Specifications too “tight”, i.e., geared toward brand or manufacturer only (explain below)
______________ Insufficient time to respond to the Invitation
______________ We do not offer this product or an equivalent
______________ Our product schedule would not permit us to perform
______________ Unable to meet specifications
______________ Unable to meet bond requirements
______________ Specifications unclear (explain below)
______________ Other (specify below)
REMARKS:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
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Pumping Station #708 Rehabilitation Project 160
BIDDER’S SITE INSPECTION CONFIRMATION
TO BE COMPLETED AND UPLOADED ONLINE
Check One:
NON-MANDATORY MANDATORY
BID TITLE: PUMPING STATION #708 REHABILITATION PROJECT
BID NO.: LS-20-2024
as an authorized representative of:
(Name and Title of Representative)
(hereinafter called the bidder) located at
(Name of Company)
and that said
Company Address
bidder has visited the site of the work and has carefully examined the plans and specifications for said
project and checked them in detail before submitting his bid or proposal.
DATE OF INSPECTION
COMPANY REPRESENTATIVE SIGNATURE
TITLE
OWNER’S REPRESENTATIVE (City) DATE
SIGNATURES FOR MANDATORY SITE INSPECTION
497
PRE-QUALIFIED CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES
Pumping Station #708 Rehabilitation Project
"Offers from the vendors listed herein are the
QUOTE/BID DUE DATE: 04/12/2024 only submittals received timely as of the above receiving
QUOTE/BID OPENING TIME: 2:30 P.M.date and time. All other offers submitted in response
RFQ No.: 028-2821-19/MFD to this solicitation, if any, are hereby rejected as late"
TASK ORDER # LS-20-2024
VENDORS Johnson-Davis, Inc.Giannetti Contracting Corporation Centerline Utilities, Inc.Florida Design Drilling Corporation
Quote Submittal YES Yes Statement of NO BID Statement of NO BID
1.11.B $10,500.00 $10,800.00
1.11.C $1,175.00 $1,200.00
1.11 D $5,800.00 $6,000.00
1.11 E $25.00 $25.00
1.11 F $139,000.00 $141,600.00
1.11 G $37,600.00 $38,400.00
1.11 H $41,200.00 $42,000.00
Total Project Bid Price $235,300.00 $240,025.00
Addenda Acknowledgement Yes Yes
No. 1 Yes Yes
Trench Safety Act Affidavit Received & Signed Received & Signed
Certification Pursuant to Florida STATUTE § 287.135 Received & Signed Received & Signed
Anti-Kickback Affidavit Received & Signed Received & Signed
Non-Collusion Affidavit of Proposer Received & Signed - NONE Received & Signed - NONE
Safety Program Compliance Received & Signed Received & Signed
Warranties Received & Signed Received & Signed
E-Verify Form Under Section 448.095, Florida Statutes Received & Signed Received & Signed
Schedule of Subcontractors
Statement of No Bid N/A N/A
COMMENTS:
Opened and Tabulated By: Theresa L. Gonzalez
04/12/2024
Lowest Responsive & Responsible
Bidder
Trio Development Corp. Trio Development Corp.
498
Addendum No. 1 Task Order No. LS-20-2024
Boynton Beach Utilities – Pumping Station #708 Rehab Project 1
The City of
Boynton Beach
ADDENDUM No. 1
DATE: April 2, 2024
BID TITLE: Pumping Station #708 Rehabilitation Project
BID NO.: LS-20-2024
This addendum to the drawings, specifications, and/or contract documents is issued to provide
additional information and clarification to the original bid specifications and proposal form and is
hereby declared a part of the original drawings, specifications and/or contract documents. In case
of a conflict, this Addendum No.1 shall govern.
Questions / Clarifications
Question:
Will a time extension(s) be issued to account for materials procurement?
Response:
Yes.
Question:
Will non-domestic materials be acceptable to expedite delivery?
Response:
Yes.
Question:
Confirm sealcoat for wet wells is to be Sewpercoat and Bitumastic 300M is acceptable for
outside pipe coatings.
Response:
Yes.
Question:
Can the area around the lift station fence be utilized for equipment and material laydown?
Response:
Yes.
Question:
Verify wet well is 10’ diameter and 21.8’ deep.
Response:
Yes.
Question:
Is the existing bypass pump and piping to remain?
Response:
Yes.
Procurement Services
100 E. Ocean Avenue
Boynton Beach, Florida 33435
P. O. Box 310
Boynton Beach, Florida 33425-0310
499
Addendum No. 1 Task Order No. LS-20-2024
Boynton Beach Utilities – Pumping Station #708 Rehab Project 2
Question:
Verify replacement piping is to be 6”.
Response:
Yes.
Question:
Verify existing base elbows and rails to remain, new piping to start at base elbows going up thru lid to and
including (2) 6” check valves.
Response:
Yes.
Question:
Verify if existing pumps are to be re-used.
Response:
Yes.
Question:
Verify all above ground piping downstream of the check valves is to remain.
Response:
Yes.
If you have any further questions or require additional clarification, please e-mail Theresa
Gonzalez, Senior Buyer at gonzalezt@bbfl.us or at (561) 742-6353.
Sincerely,
Theresa Gonzalez
Theresa Gonzalez
Senior Buyer - Utilities
500
Addendum No. 1 Task Order No. LS-20-2024
Boynton Beach Utilities – Pumping Station #708 Rehab Project 1
The City of
Boynton Beach
ACKNOWLEDGEMENT OF ADDENDUM No. 1
“PUMPING STATION #708 REHABILITATION PROJECT”
BID No.: LS-20-2024
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT OF ADDENDUM NO.
1” WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND
ACCEPTABLE.
PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE
NAME OF COMPANY DATE
Procurement Services
100 E. Ocean Avenue
Boynton Beach, Florida 33435
P. O. Box 310
Boynton Beach, Florida 33425-0310
501
City of Boynton Beach
Agenda Item Request Form
7.C
Consent Bids and Purchases over $100,000
08/ 1/2023
Commission Meeting Date: 08/ 1/2023
Bid Extensions and Piggy-Backs Over $100,000
Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or
piggy-backs for the procurement of services and/or commodities over $100,000 as described
in the written report for August 1, 2023 - "Request for Extensions and/or Piggybacks."
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 to piggy-back governmental contracts.
Options to extend or renew are noted in the “Agenda Request Item” presented to 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 the anticipated
expenditure 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
SOLICITATION
NUMBER RENEWAL TERM AMOUNT
Johnson-Davis,
Inc.; Gianetti
Contracting Corp;
Florida Design
Drilling Corp.;
Centerline
Utilities, Inc
Pre-Qualification
of Contractors for
Minor Utilities
Construction
Services
City of Boynton
Beach Request
for Qualification
(RFQ) No. 028-
2821-19/MFD
August 7, 2023 -
August 6, 2024
Annual Estimated
Expenditure
$1,000,000
Killebrew, Inc.
Pre-Qualification
of Contractors for
Pre-Chlorinated
Pipe Bursting of
Potable Water
Mains
City of Boynton
Beach Bid No.
079-2821-21
August 3, 2023 -
August 2, 2024
Annual Estimated
Expenditure
$750,000
502
Sages Network,
Inc
Electronic Plan
Review Submittal
and Markup
Management
System with
Mobile Inspection
Software
City of Boynton
Beach Request
for Qualification
No. 034-2410-
19/EM
September 15,
2023 - September
14, 2024
Estimated Annual
Expenditure
$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 as the initial award.
Fiscal Impact: Funds have been budgeted under line items as noted on the attached report.
Attachments:
$100K Over Request for Bids Extensions August 1 2023.docx
Renewal Interest Letter - Johnson-Davis Inc Utilities 2023-2024 Signed.pdf
Renewal Interest Letter - Giannetti Contracting Corp Utilities 2023 - 2024 - Executed By
Giannetti.pdf
Renewal Interest Letter - Centerline Utilities Inc Utilities 2023-2024 Signed.pdf
Renewal Interest Letter - Killebrew Inc 2023 - 2024 - Signed.pdf
Non-Renewal Interest Letter - Murphy Pipline Contractors 2023 - 2024 Partial 07-05-2023.pdf
Renewal Interest Letter - Sages Networks Inc 2023-2024 - Signed.pdf
503
504
505
506
507
508
509
510
511
512
City of Boynton Beach
Agenda Item Request Form
7.B
Consent Bids and Purchases over $100,000
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-116- Approve a piggyback agreement with Trinnex, Inc.,
utilizing Sourcewell, a State of Minnesota local government unit and service
cooperative Contract # 012524-TRX and authorize the City Manager to sign the
Agreement with Trinnex, Inc., for Water Service Line Inventory and Management
Systems with Related Services for an estimated cost of $103,145.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-116.
Explanation of Request: Sourcewell's procurement process satisfies the City's competitive
bid requirements. Utilities is requesting approval to utilize Sourcewell Contract # 012524-TRX
with Trinnex, Inc., for the purchase of leadCAST compliance management solution and
software needed to meet the Environmental Protection Agency (EPA) Lead and Copper Rule
Revision (LCRR) requirement to complete a line inventory by October 2024 at the cost of
$103,145 over two years with option to renew for additional years if needed.
The Environmental Protection Agency (EPA) recently changed the Lead and Copper Rule
Revision (LCRR) requiring water systems to prepare and maintain an inventory of service line
materials. Inventories must be submitted to state primacy agencies by October 16, 2024. This
inventory requires verification of both City and privately owned lines, for a total of 76,000
verification points within the City of Boynton Utility service area.
The Utility Department has made significant strides in the line-inventory project since its
initiation in November 2022. We have successfully completed approximately 90% of the
inventory. However, we still need assistance to finish by October 2024. The service line
inventory must also be publicly accessible online and must include locations for lead and
galvanized lines requiring replacement, if any are identified as such.
Predictive modeling is an approved method for identifying service line materials in Florida.
leadCAST LCRR compliance management solution by Trinnex provides this service, and the
included software will allow the Utility Department to comply with the public accessibility
requirement.
513
This software will also allow the Utility Department to meet the next phase of the LCRR. Any
lines needing replacement will require customer communication, line replacement tracking,
testing, and reporting to regulatory agencies. This software provides a system of record for
recording and reporting to ensure compliance.
The cost includes the one time set up fees for predictive modeling service and software annual
subscription. Year two costs include the additional modules for the line-replacement and
customer communication.
Year 1 $84,230
Year 2 $18,915
Total $103,145
How will this affect city programs or services? Implementing this LCRR management
system is about compliance, maintaining a high-performing organization, and enhancing
customer communication. With leadCAST, everything related to lead and copper is
consolidated in one place, making it easy to share with staff, managers, and the community.
Property owners can easily access the line inventory results and track communication with
residents during the line replacement phase, ensuring transparency and trust.
Water systems that fail to submit a service line inventory by October 2024 will be in violation of
the National Primary Drinking Water Regulations and may face public notification, increased
oversight, fines, and administrative orders from the EPA.
Fiscal Impact: Annual subscription costs will be charged to the utility operation budget after
the initial two-year period if needed.
Attachments:
R24-116 Agenda_Item_1555-2023_Resolution_for_Trinnex_Piggyback.docx
Exhibit A to Resolution - Trinnex - Piggyback Agreement_Trinnex Review_2024-05-13 -
Signed.pdf
514
RESOLUTION NO. R24-1161
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING THE PIGGYBACK AGREEMENT WITH 4
TRINNEX, INC., FOR WATER SERVICE LINE INVENTORY AND 5
MANAGEMENT SYSTEMS WITH RELATED SERVICES FOR AN AMOUNT 6
NOT TO EXCEED $103,145 FOR THE FIRST TWO YEARS; PROVIDING AN 7
EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 8
9
WHEREAS, on December 7, 2023, Sourcewell, a State of Minnesota local government 10
unit and service cooperative, issued a “Request for Proposals” (RFP), to establish a cooperative 11
purchasing agreement for Water Service Line Inventory and Management Systems with 12
Related Services; and13
WHEREAS, Sourcewell received seven (7) proposals and found Trinnex, Inc., to be a 14
responsive, responsible bidder, and awarded it a four-year (4) contract, Contract No. 012524-15
TRX (the “Master Agreement”), commencing March 28, 2024, with a current termination date 16
of April 3, 2028, with three (3) optional one-year renewals; and17
WHEREAS, the City desires to obtain Water Service Line Inventory and Management 18
Systems with Related Services; and19
WHEREAS, the City's Purchasing Policy Section X- Alternatives to Formal Sealed Bids, 20
provides authority for the City to acquire or contract for services without utilizing a sealed 21
competitive method or the written quotations methods where the desired services are the 22
subject of an agreement that utilizes another government entity's contract, provided that the 23
contract was awarded based strictly on competitive bidding; and24
WHEREAS, to maintain Environmental Protection Agency (EPA) compliance, the City’s 25
Utilities Department is requesting the City enter into a Piggyback Agreement with Vendor to 26
515
provide Water Service Line Inventory and Management Systems with Related Services 27
(“Services”); and28
WHEREAS, the Vendor has provided the City with a proposal for Services; and29
WHEREAS, the City desires to issue a purchase order and payment directly to the 30
Vendor for Services under the terms and conditions of the Master Agreement; and31
WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master 32
Agreement; and33
WHEREAS, the City Commission of the City of Boynton Beach, upon the 34
recommendation of staff, deems it in the best interest of the citizens and residents of the City 35
of Boynton Beach to approve the Piggyback Agreement with Trinnex, Inc., for Water Service 36
Line Inventory and Management Systems with Related Services for an amount not to exceed 37
$103,145 for the first two (2) years. 38
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 39
BOYNTON BEACH, FLORIDA, THAT:40
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41
being true and correct and are hereby made a specific part of this Resolution upon adoption 42
hereof. 43
SECTION 2.The City Commission of the City of Boynton Beach hereby approves the 44
Piggyback Agreement with Trinnex, Inc., for Water Service Line Inventory and Management 45
Systems with Related Services for an amount not to exceed $103,145 for the first two (2) years 46
(the “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit A.” 47
SECTION 3.The City Commission of the City of Boynton Beach hereby authorizes 48
516
the City Managerto execute the Piggyback Agreement. The City Manager is further authorized 49
to execute any ancillary documents required under the Piggyback Agreement or necessary to 50
accomplish its purposes, including any term extensions as provided in the Piggyback51
Agreement, provided such documents do not modify the financial terms/material terms.52
SECTION 4.One fully executed original of the Piggyback Agreement shall be 53
retained by the City Clerk as a public record of the City, and a copy of the fully executed54
Piggyback Agreementshall be provided to Waneya Bryant and Kris Pinto to forward to Trinnex, 55
Inc.56
SECTION 5.This Resolution shall take effect as provided by law.57
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[signatures on the following page]62
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PASSED AND ADOPTED this 21
st day of May 2024.71
CITY OF BOYNTON BEACH, FLORIDA72
YES NO73
74
Mayor – Ty Penserga __________75
76
Vice-Mayor – Aimee Kelley __________77
78
Commissioner – Angela Cruz __________79
80
Commissioner – Woodrow L. Hay __________81
82
Commissioner – Thomas Turkin __________83
84
VOTE ______85
ATTEST:86
87
88
___________________________________________________________89
Maylee De Jesús, MPA, MMC Ty Penserga90
City Clerk Mayor91
92
APPROVED AS TO FORM:93
(Corporate Seal)94
95
_______________________________96
Shawna G. Lamb97
City Attorney98
99
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City of Boynton Beach
Agenda Item Request Form
7.C
Consent Bids and Purchases over $100,000
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-117- Authorize additional purchases for the Hester Park
project and increase the annual estimated spend for the City's piggyback agreement
No. PD23-066 with Broadcast Systems, Inc., for Information Technology Related
Services utilized by Police and ITS, by increasing the annual not to exceed amount to
$500,000.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-117.
Explanation of Request: On February 7, 2023, The City of Boynton Beach entered into a
piggyback agreement with Broadcast Systems, Inc. for the purchase of Information
Technology Related services for support and maintenance for installation of Avigilon citywide
cameras, access control, real time crime center technology located at Fire Stations 2, 3, 4, and
5, approved by Resolution No. R23-016, which authorized the expenditure of $211,635.00.
On December 5, 2023, the City Commission approved the purchase of additional maintenance
services and authorized execution of Maintenance Agreement No. 00309 with Broadcast
Systems for an estimated amount not to exceed $148,000.
Broadcast Systems, Inc., is utilized by both the Police Department and ITS Department for
support and maintenance services. The Police Department estimates its annual expenditures
under the contract to be $320,000, and ITS estimates its annual expenditures to be $50,000.
The City would like to increase the annual spend to allow for the purchase and installation of
Avigilon security cameras as a CIP project for Hester Park. The security cameras will integrate
into the citywide Avigilon security camera and authorized city personnel will be able to monitor
the security cameras for a total of $125,548.42. If approved, the total expenditure authorized
under the contract for all City services will be increased to an amount not to exceed $500,000
per year.
How will this affect city programs or services? The security camera system assists with
building and maintaining wealth in the community by providing security camera coverage and
access control and protecting the City’s investment in technology infrastructure.
Fiscal Impact: CIP Funding was approved and is available FY 23/24 - $125,548.42.
Attachments:
R24-117 Agenda_Item_1473-2023_Resolution_for_Broadcast_Systems__Rev._.docx
Exhibit A to Resolution - Broadcast_Systems-HesterPark-Quote.pdf
569
R23-016.pdf
R23-176.pdf
570
RESOLUTION NO. R24-1171
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING ADDITIONAL PURCHASES AND 4
INSTALLATION OF AVIGILON SECURITY CAMERAS FOR THE HESTER PARK 5
PROJECT, AND INCREASING THE ANNUAL FEE UNDER THE AGREEMENT6
FOR INFORMATION TECHNOLOGY RELATED SERVICES WITH BROADCAST 7
SYSTEMS, INC. TO AN AMOUNT NOT TO EXCEED $500,000; PROVIDING 8
AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.9
10
WHEREAS, on February 7, 2023, pursuant to Resolution No. 23-016, the City Commission 11
approved the piggyback of GSA Contract No. 07F-173GA, and entered into an Agreement for 12
Information Technology Related Services with Broadcast Systems, Inc. for the purchase of IT 13
support services for Citywide cameras, access control, Real Time Crime Center technology and Fire 14
Station 2, 3, 4, and 5, in an amount not to exceed $211,635.00; and15
WHEREAS, on December 5, 2023, the City Commission approved the execution of 16
Maintenance Agreement No. 00309 based on GSA Contract No. GS-07F-173GA with Broadcast 17
Systems (ER Tech Systems Group, Inc.) to purchase additional services, support, and maintenance 18
for Citywide cameras, access control, and Real Time Crime Center technology on an as-needed 19
basis from Broadcast Systems for an estimated amount not to exceed $148,000; and20
WHEREAS, the City would like to increase annual spend to allow for the purchase and 21
installation of Avigilon security cameras as a CIP project for Hester Park. The security cameras will 22
integrate into the citywide Avigilon security camera and authorized city personnel will be able to 23
monitor the security cameras for an additional purchase price of $125,548.42; and24
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25
recommendation of staff, deems it to be in the best interests of the City residents to approve the 26
additional purchase and installation of Avigilon security cameras for the Hester Park Project, and 27
increasing the annual fee paid to Broadcast Systems pursuant to the City’s piggyback of GSA 28
Contract No. 07F-173GA to a total amount not to exceed $500,000.00 per year for all services 29
provided by Broadcast Systems, Inc. pursuant to the piggyback agreement.30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31
BEACH, FLORIDA, THAT:32
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 33
571
being true and correct and are hereby made a specific part of this Resolution upon adoption 34
hereof. 35
SECTION 2.The City Commission hereby approves the additional purchase and 36
installation of Avigilon security cameras for the Hester Park Project in an amount not to exceed 37
$125,548.42, copy of the Quote is attached hereto and incorporated herein by reference as Exhibit 38
“A,”and further approves the increase the total annual fee paid by the City to an amount not to 39
exceed $500,000 for all services provided pursuant to the Agreement for Information Technology 40
Related Services with Broadcast Systems, Inc. 41
SECTION 3.This Resolution shall take effect in accordance with law.42
43
(Signatures on following page)44
572
PASSED AND ADOPTED this 21st day of May 2024.45
CITY OF BOYNTON BEACH, FLORIDA46
47
YES NO48
Mayor – Ty Penserga __________49
50
Vice Mayor – Aimee Kelley __________51
52
Commissioner – Angela Cruz __________53
54
Commissioner – Woodrow L. Hay __________55
56
Commissioner – Thomas Turkin __________57
58
VOTE ______59
60
ATTEST:61
62
___________________________________________________________63
Maylee De Jesús, MPA, MMC Ty Penserga64
City Clerk Mayor65
66
APPROVED AS TO FORM:67
(Corporate Seal)68
69
_______________________________70
Shawna G. Lamb71
City Attorney72
573
Page 1 of 2
ER Tech Systems Group Inc.
2450 N W 36th Street
St e 1A
Pom pano Beach, FL 33073 U S
+1 5615784964
adm in@broadc ast sy s t em sinc .c om
ww w .broadc as t s y st ems inc .c om
Es t imat e
ADDRESS
City of Boynton Beach
Financ ial Services Department
PO Box 310
Boy nton Beach, FL 33425-0310
SHIP TO
Hester Center
1901 N Seacrest Blvd
Boy nton Beach, Florida 33435
SHIP VIA Ground ESTIMATE 5786
DATE 03/07/2024
EXPIRATIO N
DATE
04/30/2024
SALES REP
Nicholas Ehr
ACTIVITY DESCRIPTION QTY RATE AMOUNT
PHASE 1 Camera Deployment
Reduced Scope per city
HESTER CENTER PARK
Requested by City
0.00
GSA Contract #GS-07F-173GA
Pricing valid for 30 days
0.00
15C-H5A-3MH 3x 5 MP, WDR, LightCatcher, 2.8mm, Camera
Only
6 1,648.20 9,889.20
6.0C-H5A-BO1-IR 6.0 MP WDR, LightCatcher, 4.9-8mm f/1.8 P-iris
lens, Integrated IR, Next-Generation Analytics
3 1,084.92 3,254.76
ACC7-ENT ACC 7 Enterprise Edition camera license 9 232.75 2,094.75
CBS350-24FP-4G-NA 28-port Gigabit Managed Switch (24 PoE+
budget 370W; 4 Gigabit SFP) - NA
1 1,604.68 1,604.68
Master Tech (GSA)Master Technician (GSA)140 121.91 17,067.40
System Design
Engineer(GSA)
System Design Engineer (GSA)40 121.91 4,876.40
Project manager (GSA)Project manager (GSA)40 110.83 4,433.20
NVR4X-PRM-192TB-NA NVR4X Premium 192TB 2U Rack Mnt;
Windows Server 2016; NA
1 49,967.15 49,967.15
Subtotal: 93,187.54
Order Level Materials 0.00
H4-MT-POLE1 Pole mount adapter for use with H4A-MT-
WALL1, H4-BO-JBOX1, H4SL, H4F, H4 PTZ,
H4 IR PTZ and H4 Multisensor cameras.
9 79.65 716.85
H4-MT-CRNR1 Corner mount adapter for use with H4A-MT-
WALL1, H4-BO-JBOX1, H4SL, H4F, H4 PTZ,
4 79.65 318.60
574
Page 2 of 2
H4 IR PTZ and H4 Multisensor cameras.
H4AMH-AD-PEND1 EOL Outdoor pendant mount adapter, must order
one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-
NPTA1 and one of H4AMH-DO-COVR1 or
H4AMH-DO
6 141.60 849.60
H4AMH-DO-COVR1 Dome bubble and cover, for outdoor surface
mount or pendant mount, clear.
6 141.60 849.60
IRPTZ-MNT-WALL1 Pedant wall mount adapter. For use with H4 IR
PTZ or H4A-MH-AD-PEND1 on H4 Multisensor.
6 84.08 504.48
H4AMH-AD-IRIL1 Optional IR illuminator ring, up to 30m (100ft),
for use with H4AMH-DO-COVR1.
6 292.05 1,752.30
POE-INJ2-60W-NA Indoor single port Gigabit PoE++ 60W, North
American power cord included.
6 132.75 796.50
H4-BO-JBOX1 Junction box for the H4A HD Bullet, H4SL HD
Bullet, or H4 Thermal cameras.
3 79.65 238.95
Cisco Cisco 550 series fiber back bone 10 GIG switch 1 3,700.00 3,700.00
Job Materials 10 Gig GBICS 5 129.00 645.00
Job Materials 1500 VA battery back up 1 449.00 449.00
Job Materials Locking Rack vertical style 1 650.00 650.00
Job Materials LCOM Hardened field enclosure, with
grounding, pole clamp, and fiber terminations
3 1,200.00 3,600.00
Job Materials Hardened gig field switches with power
supplies and Fiber patch cable
3 1,500.00 4,500.00
Job Materials Fiber enclosure and terminations 1 2,500.00 2,500.00
Job Materials Fiber optical cable MM 10 GIG 1 4,350.00 4,350.00
Job Materials Category cable CAT6 wet location 1 1,440.00 1,440.00
Job Materials Installation materials 1 4,500.00 4,500.00
0.00
Subtotal: 32,360.88
0.00
Note: directional boring and electrical at the
pole mounted cameras done by others
0.00
SUBTOTAL 125,548.42
TAX 0.00
TOTAL $125,548.42
Acc epted By
Acc epted Date
575
1 RESOLUTION NO. R23-016
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING
5 UTILIZING GSA CONTRACT GS-07F-173GA AND AUTHORIZE THE CITY
6 MANAGER TO SIGN AN AGREEMENT WITH BROADCAST SYSTEMS INC
7 OF POMPANO BEACH, FL; APPROVING THE PURCHASE OF IT SERVICES
8 FOR SUPPORT AND MAINTENANCE FOR CITYWIDE CAMERAS, ACCESS
9 CONTROL, REAL TIME CRIME CENTER TECHNOLOGY AND FIRE STATION
10 2, 3, 4, 5 - CAMERAS CIP PROJECT FROM BROADCAST SYSTEMS, IN THE
11 AMOUNT OF UP TO $211,635.00;AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the city has a number of technology systems that require ongoing technical
15 support to ensure continuous operation; and
16 WHEREAS, included in those systems is a citywide Avigilon access control system that
17 provides centralized and secure access to multiple city buildings, an Avigilon security camera
18 system with cameras installed across the city, call boxes at key locations, digital signage, and
19 technical systems in the real time crime center; and
20 WHEREAS, the GSA contract complies with the City of Boynton Beach's competitive bid
21 requirements; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
23 the best interests of the citizens and residents of the City of Boynton to approve utilizing GSA
24 contract GS-07F-173GA and authorize the City Manager to sign an Agreement with Broadcast
25 Systems Inc of Pompano Beach, FL; Approve the purchase of IT services for support and
26 maintenance for Citywide cameras, access control, Real Time Crime Center technology and Fire
27 Station 2, 3, 4, 5 - Cameras CIP Project from Broadcast Systems, in the amount of up to
28 $211,635.00.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31
32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
34 hereof.
S:\CA\RESO\Agreements\Piggy-Back Agmts With Broadcast Systems-Reso.Docx
576
35 Section 2. The City Commission hereby approves utilizing GSA contract GS-07F-
36 173GA and authorize the City Manager to sign an Agreement with Broadcast Systems Inc of
37 Pompano Beach, FL; Approves the purchase of IT services for support and maintenance for
38 Citywide cameras, access control, Real Time Crime Center technology and Fire Station 2, 3, 4, 5
39 - Cameras CIP Project from Broadcast Systems, in the amount of up to $211,635.00. A copy of
40 the Piggy-back Agreement is attached hereto and incorporated herein by reference as Exhibit
41 "A".
42 Section 3. This Resolution shall become effective immediately upon passage.
43 PASSED AND ADOPTED this 7th day of February, 2023.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46
47 Mayor—Ty Penserga
48
49 Vice Mayor—Angela Cruz
50
51 Commissioner—Woodrow L. Hay
52
53 Commissioner—Thomas Turkin
54
55 Commissioner—Aimee Kelley
56
57 VOTE 5-t
58 ATTEST:
59
61
61 , 0_• s ta 10/PfAIrAdir
62 Mayle: D esus, MPA, C Ty Pen/'a
63 City Cler Mayor
64 p`INTDN p
65 k PORAjf•'•.' APPROVED AS TO ORM'
66 (Corporate Seal) S;c_"00-tris.
F P'(67c.
cylv
68
69 Itt` ••..•
FL tk 1P CMD. Cir •, Jr.
70 City • • ey
S:\CAIRESO\Agreements\Piggy-Back Agents With Broadcast Systems-Reso.Docx
577
AGREEMENT FOR INFORMATION TECHNOLOGY
RELATED SERVICES
This Agreement is made as of this day of 2023 by and between
Broadcast Systems, Inc. with a principal address 290 SW 12t Avenue, Suite 1, Pompano Beach,
FL 33069 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, FL 33435, hereinafter referred to as "City".
RECITALS
WHEREAS, in order to purchase and maintain a number of technology systems
throughout the City facilities, as well as provide technical support, new installations, and
infrastructure upgrades, the City's Police Department is requesting the City enter into an
Agreement with Broadcast Systems, Inc. to provide Information Technology(IT)related services;
and
WHEREAS, Broadcast Systems, Inc. has agreed to allow the City to piggyback the
General Service Administration (GSA) Schedule pursuant to Contract No. GS-07F-173 GA to
provide IT related services for the contract period: 9/1/2022—08/31/2027; and
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
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Broadcast Systems, Inc. agree that Broadcast Systems, Inc. shall
provide IT related services based upon General Service Administration (GSA) Schedule Contract
No.GS-07F-173 GA for contract period:9/1/2022—08/31/2027,a copy of which is attached hereto
as Exhibit"A", except as hereinafter provided:
A. All references to the General Service Administration(GSA) Schedule Contract No.
GS-07F-173 GA shall be deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
00533394.1 306-9001821)
Piggyback Contract—Broadcast Systems,Inc.1
578
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: Michael D. Cirullo,Jr., City Attorney
Goren, Cherof, Doody& Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
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.
SOVEREIGN IMMUNITY. Nothing contained in 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.
BINDING AUTHORITY. Each person signing this Addendum 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 Addendum.
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.
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
00533394.1 306-9001821}
Piggyback Contract—Broadcast Systems,Inc.2
579
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.
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
CityClerk@bbfl.us
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.
E-VERIFY.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.
1. Definitions for this Section:
A. "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 a salary, wages, or other
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Piggyback Contract—Broadcast Systems,Inc.3
580
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a
salary, wages, or other remuneration.
C. "E-Verify System" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-Verify System in
order to verify the work authorization status of all newly hired employees. Contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired employees.
Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or
subcontract with, an 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.
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.
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Piggyback Contract—Broadcast Systems,Inc.4
581
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.
TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for
convenience, upon fourteen(14) 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.
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) days after receipt by Vendor of
written notice of such neglect or failure.
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,judgements, 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,judgements,and attorneys' fees which may issue thereon.The
obligations of this section shall survive indefinitely regardless of termination of Agreement.
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 punitive or exemplary
damages or for lost profits or consequential damages.
INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that Contractor is an independent
contractor pursuant to the Agreement and shall not be considered the City's employee for any
purpose.
COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic
signature or by hand,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
100533394.1 306-9001821 1
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582
Addendum 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.
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, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non-
compliance may constitute a material breach of the Agreement.
ASSIGNMENT. In the event 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) days before such transfer. For purposes of Agreement, any
change of ownership of Company shall constitute an assignment which 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) days of such event.
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.
Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent
amendments or purchase orders signed by the Parties hereto shall constitute the entire
understanding of the Parties.
Section 2. Severability. If any provision of this Addendum or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of
this Addendum, 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.
Section 3. In the event that the Broadcast Systems,Inc.agreement with the General Service
Administration (GSA) Schedule is amended, or terminated. Broadcast Systems, Inc. shall
notify the City within ten(10) days. In the event Broadcast Systems, Inc. agreement with
the General Service Administration (GSA) Schedule is amended or terminated prior to its
expiration,this Contract shall remain in full force and effect, and not be deemed amended
or terminated until specifically amended or terminated by the parties hereto.
Section 4. Broadcast Systems, Inc. agrees that in the event it enters into a Contract for the
same (or substantially similar) scope of services with another local government in Florida
which contains a term or condition, including fees, charges, or costs, which the City
determines to be more favorable than the terms in this Contract,the parties shall enter into
an Addendum to provide those terms to the City.
00533394.1 306-9001821 1
Piggyback Contract—Broadcast Systems,Inc.6
583
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects,the terms and conditions of the Broadcast Systems, Inc. with
the General Service Administration(GSA)schedule agreement are hereby ratified and shall
remain in full force and effect under this Contract, as provided by their terms.
Signature Page to follow
00533394.1 306-9001821)
Piggyback Contract—Broadcast Systems,Inc.7
584
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA BROADCAST SYSTEMS, INC.
Daniel Dugger, City 1)tlanager 11V Signature), CompanyVI
ht_IC_hb Ian Ehr
Print Name of Authorized Official
Title
Approved as to Form:
1.,-1, -.*
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ichael D. ' Ilo, ., ity Atto 1 .y Corpnr.Yt(S•a1)
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Attest/Authenticated:
Attest-d/Authenticated: ct,r;:t5,.."-ye.-_c.. .--'
Signature), Witn
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City Cl rk
V. Print Name
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Piggyback Contract.. Hrwdcaxt Systems.Inc. 14
585
586
EXHIBIT A
AGREEMENT BETWEEN THE
GENERAL SERVICE ADMINISTRATION(GSA)
AND
BROADCAST SYSTEMS INC.
100533394.1 306-9001821 I
Piggyback Contract—Broadcast Systems,Inc.9
587
EXHIBIT A
SCOPE OF Service
SERVICES:
Service provided to City of Boynton Beach to include on site and on-line
troubleshooting, break fix services, remote system administration services, and related
software updates within the version of software. During the maintenance period, a
12/5/365 Help Desk/Troubleshooting service will be provided.
Maintenance of security related systems to include security camera systems, access
control systems, visitor management systems, biometric systems, call boxes,. digital
signage systems, Real Time Crime Center (RTCC) systems (Hiperwall, video displays,
and audio systems in the RTCC), code blue boxes, and related software associated to
the operation and management of the systems covered under this contract.
Proactive monthly preventative maintenance to include update of software versions,
operating systems, and firmware as well as other routine activities as recommended by
system manufacturers.
1. Routine Service Hours: Routine service hours are defined in the table below.
2. Remote access: The customer responsible for allowing Broadcast Systems access
to its systems via secure Virtual Private Network (VPN) or equivalent connection.
3. Technical Telephone Support: Broadcast Systems provides telephone support
during normal business hours to address simple technical questions/issues. Telephone
support is handled in a routine manner. The intent of this service is to provide timely
answers to simple technical questions regarding system operations.
4. Support tickets: All support tickets must be generated through the Broadcast
Systems help desk. All tickets will be entailed to adminna,broadcastsystemsinc.com .
Broadcast Systems will generate a ticket number and all parties will be able to track the
support ticket throughout the event till resolution of service request. An additional copy
of the support ticket will be forwarded to City of Boynton Beach with the support desk
email address.
5. Priority Handling of Service Requests: Broadcast Systems will respond rapidly
to routine service calls on a priority basis. Calls and tickets received prior to 8:OOAM
EST/EDT on normal business days arc responded to during the same day. The initial
response may be via telephone or remote programming (if applicable). Calls received
after 8:00AM EST/EDT arc handled with priority status and responded to no later than
close of business on the following business day.
588
B.Emergency Response Services—(ERS)—Labor:
Emergency Response Service Labor Rate applies to work that client has specifically requested on an
emergency basis.ERS is provided with a response time of 8 hours(exceptions may apply,subject to type
and location of the emergency).
i. Emergency Response work during normal business hours(Monday through Friday
between hours of 8:00AM and 6:00PM EST/EDT)
Labor rate per hour is charged in accordance with standard rates in the class per
technician.
ii. Emergency Response work after normal business hours and Saturday 1.5 x
Monday through Friday,6:00PM—11:00PM EST;Saturday,8:00AM—2:00PM) Hourly
Rate
Emergency Response work during all other hours Including Weekends and Holidays
iii.Holidays: New Year's Day,Good Friday,Memorial Day,Independence Day,Labor Day, 3x Hourly
Thanksgiving Day and day after,Christmas Day Rate
iv. ) Minimum Time Billing for EmergencyCalls 2x Hours
v. Time Billing Increment in Excess of Minimum Time 5 hour
EXHIBIT B
AGREEMENT BETWEEN GENERAL SERVICE
ADMINISTRATION(GSA) SCHEDULE
AND BROADCAST SYSTEMS
589
6. Emergency Response Service: This includes service requests that require
immediate response to a mission critical system failure. Emergency Response Service
ERS) is provided twelve (12) hours a day, five (5) days per week, including holidays.
Upon receipt of an authorized Emergency Service request. a Broadcast Systems
engineer, or technician will respond within a maximum of (8) hours. He/she will
initially perform remote diagnostics via telephone or other remote connection (if
applicable) and will either resolve the problem or downgrade the emergency to a routine
service call. if the emergency is downgraded to a routine service call, the service call
will be completed during regular business hours. If the emergency persists and an on-
site response is required, Broadcast Systems will have an engineer/technician or
approved subcontractor on-site within the following twelve (12) hours. The work effort
will be continuous until the response requirement is satisfied, and/or as directed by the
customer.
7. Battery Tracking Program: This includes tracking the age of batteries used in the
system. Broadcast Systems will advise the Customer when certain batteries should be
replaced. If a complete list of batteries is not currently available, or they were provided
i.e. installed) by others, an inventory of batteries will be completed during the first year
of the Service Agreement. The cost of battery replacement is charged separately to
customer.
8. Parts and Equipment Coverage: Equipment and/or material that needs to be
replaced that are not covered by manufacture warranty will be purchased: All Shop
Materials Sold at Cost + 10% (I.E. Home Depot, Lowes, Electrical Supply, Amazon).
items such as a man lifts or bucket trucks are not included and, if required, will he
charged separately at cost.
9. System Documentation Maintenance: Broadcast Systems will maintain all
relevant system documentation to support the system, including changes.
Documentation and system information will be available to customer.
10. Communications: The contractor or his/her representative will meet with the City's
contract administrator at least every other week to discuss schedules, problems, needs, and
mutual areas of concern.
Service Hours
A.Routine Service—Labor:
Routine Labor Rate applies to service work and Technical Telephone Support provided during normal
business hours(Monday through Friday between the hours of 9:00AM and 5:00PM EST/EDT).
i.
Routine Service Labor Rate per Hour is charged in accordance with standard rates
ii.
Minimum Time Billing per on-site event. If remote support exceeds.5 hour the 1 Hour
minimum service charge time will apply.
iii.
Time Billing Increment in Excess of Minimum Time 0.5 Hour
590
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE PAGE OF PAGES
1 12
AMENDMENT/MODIFICATION NUMBER 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE 5.PROJECT NUMBER(If applicable)
P(?-0064 Sep 01, 2022 REQUISITION NUMBER MAS
6.ISSUED BY CODE 7.ADMINISTERED BY(If other than Item 6) CODE
General Services Administration
777AFORSYTHOSE
FORSYTH ST SW
FAS, Greater Southwest Acquisition Center (7FC) ATLANTA, GA 30303
819 Taylor Street, Rm 6A06
Fort Worth, TX 76102
8.NAME AND ADDRESS OF CONTRACTOR(Number,street,county,State and ZIP Code) (X) 9A AMENDMENT OF SOLICITATION NUMBER
ER TECH SYSTEMS GROUP INC.
290 SW 12TH AVE 9B.DATED(SEE ITEM 11)
STE 1
POMPANO BEACH, FL 330693214 10A.MODIFICATION OF CONTRACT/ORDER NUMBER
GS-07F-173GA
X 10B.DADTED(SEE TTEM 13)
Sep I
ronE A(:II ITY COIF
11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date is extended is not extended.
specified for receipt of Offers
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods:
a)By completing items 8 and 15,and returning copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted;or(c)By separate letter or electronic communication
which includes a reference to the solicitation and amendment numbers.FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.If by virtue of this amendment you desire to change an offer already submitted,such change may be made by letter or electronic
communication,provided each letter or electronic communication makes reference to the solicitation and this amendment.and is received prior to the opening hour and date specified.
12.ACCOUNTING AND APPROPRIATION DATA(If required)
13.THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14
CHECK ONE A.THIS CHANGE ORDER IS ISSUED PURSUANT TO:(Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER
IN ITEM 10k
X B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,appropriation data,etc.)SET FORTH IN
ITFM 14 Pl1RSlIANT TO THF AUTHORITY OF FAR 43 103(b) Type of contract modifications Unilateral
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
E.IMPORTANT: Contractor: x is not is required to sign this document and return_copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible.)
a. The option is hereby exercised to extend the term of the contract. The period of
performance is from 09/01/2022 to 08/31/2027.
b. The pricing during this option period (unless modified IAW other contract terms) will
be based on the following approved price list (s) :
Attachment A - CPL Annotated, effective 06/21/2022, Mod P0070
Fxrept as provided herein all terms and conditions of the document referenced in Item 9A CQrataititut forg7$Kit3ltCrl Rgoijii,tochangerl and in hill force and effect
15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
GSA Initiated Mod
James Watkins
15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
Signature Not Required By Signed electronically See above Jun 23, 2022
SinnaUue of nerson authorized to sinnl Signature of Contraction Officer)
STANDARD FORM 30(REV.11/2016)
PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR(48 CFR)53.243
591
Continuation of Description. . .
c. The price discount relationship remain as follows:
ER Tech Systems Group, Inc. s Most Favored Customers (MFC) are "The Experience Auto
Group" however, the Basis of Award is "State and Local Governments". The price/discount
relationship between the Government and the BOA will never be less favorable to the
Government than at the time of award, that is: For the life of the contract, the
Government and BOA s, which are "State and Local Governments", basic discount
relationship by model will always be maintained as reflected on Attachment C-Price
Proposal Spreadsheet.
d. The Economic Price Adjustment (EPA) Clause 552.216-70 applies to all items on this
contract.
e. The current terms and conditions in effect for this option period are as follows:
Basic Discount - Products: Range of 20%-32%; Services: 20%
Quantity/Volume Discount - Contact Contract Administrator
Payment Terms - Net 30
Normal Delivery Terms - 14-30 DARO for Avigilon Products,
60 DARO for Salto Products
Expedited Delivery Terms - Contact Contractor
FOB Terms - Destination
Warranty - Standard Commercial Warranty
Minimum Order - None for Avigilon, $100 for SALTO
Foreign Items - Yes
f. This modification incorporates the re representation of size status (FAR 52.212-3( c
into this contract.
g. The Industrial Funding Fee (IFF) is a separate collection mechanism and any increase
or decrease in the fee does not change the price discount relationship stated above. The
current IFF is .75% and should be calculated as follows:
Negotiated price divided by (1 minus .0075) which equates to Negotiated price divided by
0.9925. Example: ($100,000 / 0.9925) = $100,755.67
This modification is issued at no cost to either party.
All other terms and conditions remain in effect as originally accepted or subsequently
changed by modification.
592
H Y H T E M H
ER Tech Systems Group Inc.
On-line access to contract ordering information,terms and conditions,up-to-date pricing,and the option to
create an electronic delivery order are available through GSA Advantage!,a menu-driven database system.
The Internet address for GSA Advantage! is:http://www.gsaadvantage.gov
SCHEDULE 84:Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue,
Special Purpose Clothing, Marine Craft, and Emergency/Disaster Response
CONTRACT: GS-07F-173GA
VALID:09/01/2017—08/31/2022
Contractor:ER Tech Systems Group Inc.
Dba: Broadcast Systems
Address: 290 SW 12th Avenue, Suite 1
Pompano Beach, FL 33069
Office: (561) 578-4964
Fax: (561) 658-0360
Website: www.broadcastsystemsinc.com
Email: GSA@broadcastsystemsinc.com
Point of Contact:Nicholas Ehr
nick@broadcastsystemsinc.com
Contract Admin: Pascale Ozelie
pascale@broadcastsystemsinc.com
BROADCAST SYSTEMS 1 GS-07F-173GA
593
GSA AWARDED TERMS AND CONDITIONS
1) AWARDED SINS:
334512—Total Solution Support Products for Facilities Management Systems/Subject to Cooperative Purchasing
541330L—Security System Integration, Design, Management, and Life Cycle Support/Subject to Cooperative
Purchasing
334290L— Physical Access Control Systems (PACS)/Subject to Cooperative Purchasing
561210SB—Smart Buildings Systems Integrator/Subject to Cooperative Purchasing
OLM—Order-Level Materials
2) MAX ORDER GUIDELINES:
334512 - $250,000
5413301 - $250,000
334290L - $250,000
561210SB - $1,000,000
3) MINIMUM ORDER LIMITS: No minimum order.
4) GEOGRAPHIC COVERAGE:
334512- Worldwide
5413301—48 States, DC
334290L-Worldwide
561210SB-48 States, DC
5) POINT OF PRODUCTION: Contact contract administrator for a complete list of production points.
6) BASIC DISCOUNT FROM LIST: Prices shown are net discount.
7) VOLUME DISCOUNT: Contact contract administrator for volume discount.
8) PROMPT PAYMENT DISCOUNT: None
9) GOVERNMENT PURCHASE CARDS:
Government Purchase Cards are accepted at or below the micro-purchase threshold Government Purchase
Cards are not accepted above the micro-purchase threshold
10) FOREIGN ITEMS: All products are in compliance with the Trade Agreements Act.
11) TIME OF DELIVERY:
Standard Delivery: 7 to 14 DARO Expedited Delivery: Contact Administrator for Rates
BROADCAST SYSTEMS 2 GS-07F-173GA
594
12) FOB POINT: FOB Destination, Shipping included in price
13) ORDERING:
Ordering address—Same as contractor address
Ordering Procedures - For supplies and services, the ordering procedures, information on Blanket
Purchase Agreements (BPA's) are found in FAR 8.405-3
14) PAYMENT ADDRESS: 290 SW 12th Avenue, Suite 1, Pompano Beach, FL 33069
15) WARRANTY PROVISION: Contact contract administrator for warranty information.
16) EXPORT PACKING CHARGES: N/A
17) TERMS AND CONDITIONS OF GVT PURCHASE CARD ACCEPTANCE:
Accepted at and below the micro-purchase threshold
18) TERMS AND CONDITIONS OF RENTAL, MAINTENANCE,AND REPAIR: N/A
19) TERMS AND CONDITIONS OF INSTALLATION: N/A
20) TERMS AND CONDITIONS OF REPAIR PARTS: N/A
21) TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A
22) LIST OF SERVICES DISTRIBUTION POINTS: N/A
23) LIST OF PARTICIPATING DEALERS: N/A
24) PREVENTATIVE MAINTENANCE: N/A
25a) SPECIAL ATTRIBUTES: N/A
b) SECTION 508: N/A
26) DUNS NUMBER: 079637089
27) NOTIFICATION REGARDING SAM: SAM Registration valid and current.
28) CAGE CODE: 7C6T7
BROADCAST SYSTEMS 3 GS-07F-173GA
595
SERVICE PRICE LIST
561210SB
Project Manager Per Hour 110.83
Labor rate for Project Manager
Master Technician Per Hour 110.83
Labor rate for installation & services
Access Control and Surveillance Systems
System Design Engineer Per Hour 110.83
Labor rate for design & programming
541330L
Project Manager Per Hour 110.83
Labor rate for Project Manager
Master Technician Per Hour 110.83
Labor rate for installation & services
Access Control and Surveillance Systems
System Design Engineer Per Hour 110.83
Labor rate for design & programming
BROADCAST SYSTEMS 4 GS-07F-173GA
596
1 RESOLUTION NO. R23-176
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
6 MAINTENANCE AGREEMENT NO. 00309 BASED ON THE GSA
7 CONTRACT NO.GS-07F-173GA WITH BROADCAST SYSTEMS (ER TECH
8 SYSTEMS GROUP, INC.) TO PURCHASE SERVICES, SUPPORT, AND
9 MAINTENANCE FOR CITYWIDE CAMERAS, ACCESS CONTROL, AND
10 REAL TIME CRIME CENTER TECHNOLOGY ON AN "AS NEEDED BASIS"
11 FROM BROADCAST SYSTEMS FOR AN ESTIMATED TOTAL NOT TO
12 EXCEED $148,000; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on February 7, 2023,the Commission approved the piggyback of the GSA
15 contract No. 07F-173GA by Resolution R23-016; and
16 WHEREAS, the City has a number of technology systems that require ongoing
17 technical support to ensure continuous operation which include a Citywide Avigilon access
18 control system that provides centralized and secure access to multiple City buildings, an
19 Avigilon Security Camera System with cameras installed across the City, call boxes at key
20 locations, digital signage, and technical systems in the real-time crime center; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
22 recommendation of staff, deems it to be in the best interests of the City residents to approve
23 and authorize the City Manager to sign a Maintenance Agreement No. 00309 based on the
24 GSA Contract No. GS-07F-173GA with Broadcast Systems (ER Tech Systems Group, Inc.) to
25 purchase services, support, and maintenance for Citywide Cameras, Access Control, and Real
26 Time Crime Center Technology on an "AS NEEDED BASIS" from Broadcast Systems for an
27 estimated total not to exceed $148,000.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
29 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 hereof.
33 Section 2. The City Commission hereby approves and authorizes the City
34 Manager to sign a Maintenance Agreement No. 00309 based on the GSA Contract No. GS-
S:\CA\RESO\Agreements\Agreement with Broadcast Systems-Reso.docx
597
35 07F-173GA with Broadcast Systems (ER Tech Systems Group, Inc.) to purchase services,
36 support, and maintenance for Citywide Cameras,Access Control, and Real Time Crime Center
37 Technology on an "AS NEEDED BASIS" from Broadcast Systems for an estimated total not to
38 exceed $148,000. A copy of the Agreement is attached hereto and incorporated herein by
39 reference as Exhibit "A."
40 Section 3. This Resolution shall become effective immediately upon passage.
41 PASSED AND ADOPTED this 5th day of December, 2023.
42 CITY OF BOYNTON BEACH, FLORIDA
43
44 YES NO
45
46 Mayor-Ty Penserga
47
48 Vice Mayor-Thomas Turkin
49
50 Commissioner-Angela Cruz
51
52 Commissioner-Woodrow L. Hay
53
54 Commissioner-Aimee Kelley
55
56 VOTE 6 -t
57
58 AT T:
59 1
moi
60 1...
Tamm nzione, C T ga
62 Deput City Clerk Ma •
63
64 oyN-TON•eF` PPROVED AS TO FORM:
65 (Corporate Seal)4,0ArE••'•q.5;11
67 RP L/l' /)& LA- Yoh
68
0 \ \NC0\( %O ' % Shawna G. Lamb
69 City Attorney
L0'
S:\CA\RESO\Agreements\Agreement with Broadcast Systems-Reso.docx
Th 598
111111141
SYSTEMS
ER Tech Systems Group Inc.
Maintenance Agreement No. 00309
This is an Agreement, by and between Broadcast Systems and City of Boynton Beach
herein referred to as "Client".
Term: The term of the Agreement shall be Twelve Months from the date of this
executed Agreement, with the option to renew for additional 36 month/Three periods
at newly negotiated rates.
Compensation: Client agrees to pay Broadcast Systems compensation in the total amount
of$ 146,000.00
Monthly Maintenance Agreement Annual Charge: $ 146,000.00
GSA Contract: GS-07F-173GA
All Prices quoted are exclusive of Local, State, or Federal taxes(if applicable)
The information contained herein is the intellectual property of Broadcast Systems. All submitted
design details and specifications represent Broadcast Systems confidential information, are
proprietary in nature, and constitute trade secrets. The use of these materials without the express
written permission of Broadcast Systems is strictly prohibited.
Initial
Broadcast Systems. 290 SW 12th Ave Suite 1, Pompano Beach, Florida
33069 Office(561) 578-4964 . Fax(561) 658-0360
599
11111N
SYSTEMS
Maintenance Agreement Details
1. Basic Service: Basic Service is the routine labor required to troubleshoot low voltage equipment/systems
cameras,cabling,etc.)during normal business hours,i.e.Monday through Friday between 9AM and 5PM.The
service includes remote troubleshooting and programming as well as technical telephone support. The Client is
responsible for allowing Broadcast Systems access to its systems via secure Virtual Private Network(VPN)or
equivalent connection.
2. Technical Telephone Support:Broadcast Systems provides telephone support during normal business hours
to address simple technical questions/issues. Telephone support is handled in a routine manner. The intent of
this service is to provide timely answers to simple technical questions regarding system operations.
3. All support tickets must be generated through the Broadcast Systems help desk. All tickets will be emailed to
admin(a,broadcastsystemsinc.com . Broadcast Systems will generate a ticket number and all parties will be
able to track the support ticket throughout the event until resolution of service request. An additional copy of
the support ticket will be forwarded to Client.
4. Priority Handling of Service Requests: Broadcast Systems will respond rapidly to routine service calls on a
priority basis. Calls received prior to 8:00AM EST/EDT on normal business days are responded to during the
same day. The initial response may be via telephone or remote programming (if applicable). Calls received
after 8:00AM EST/EDT are handled with priority status and responded to no later than close of business on the
following business day.
5. Emergency Response Service: This service is provided in conjunction with the Basic Service and includes
service requests that require immediate response to a mission critical system failure. Emergency Response
Service (ERS) is provided twelve (12) hours a day, five (5) days per week, not including holidays. Upon
receipt of an authorized Emergency Service request, a Broadcast Systems engineer or technician will respond
within a maximum of (8) hours. He/she will initially perform remote diagnostics via telephone or other
remote connection(if applicable)and will either resolve the problem or downgrade the emergency to a routine
service call.If the emergency is downgraded to a routine service call,the service call will be completed during
regular business hours. If the emergency persists and an on-site response is required, Broadcast Systems will
have an engineer/technician or approved subcontractor on-site within the following (12) hours. The work
effort will be continuous until the response requirement is satisfied,and/or as directed by the Client.
6. Battery Tracking Program: This option includes tracking the age of batteries used in the system. Broadcast
Systems will advise the Client when certain batteries should be replaced.If a complete list of batteries is not
currently available, or they were provided (i.e. installed) by others, an inventory of batteries will be
completed during the first year of the Service Agreement.The cost of battery replacement is charged separately
to Client.
Deludes"QuG-oi.\\' rrah€y"L r'CVs' iepiacet;i.:T.tlax dr.raares.iesutt4 frWit€Lat°e•IiartyOiuse,
Ilegrrires secure access to fire nat orl7.by Broadcast.S''€tc.rns 1.,,c.* 13rordes,s1 Systems riot lltaln far th
i elrls_c.ertcl.t of my c"•l'..il))i9P:72i d011:'1 eyed by£C.v(rP.`(4,'.aibc CI t"111) Cd:•1}27"ty rhr,Y e.
1 Por,.d Jast Syr:tu TS iiAt liable for.ii..repl.P.oeirteat of Ay cc uiwaelrt destroyed by Srverc:wo.ztl, rOr Chi rd
j: rtiy aLT.E':,
a
600
SYSTEMS
7. Parts and Equipment Coverage: Equipment and/or material that needs to be replaced that are not covered
by manufacturer warranty will be purchased: All shop materials sold at cost + 10% (I.E. Home Depot,
Lowes,Electrical Supply,Amazon). All Avigilon materials will be sold at 10%off retail price during the
term of this agreement.Items contract will utilize contract pricing GS-07F-173GA
8. System Documentation Maintenance:Broadcast Systems will maintain all relevant system documentation to
support the system,including changes.Documentation and system information will be available to Client.
9. Fieldwork:Actual fieldwork for emergency or routine repairs will be performed by field engineers or
technicians. If the engineer/technician determines the reason for service needed is not due to the work
performed by Broadcast Systems or its equipment, then we will invoice Client for hourly emergency
service.
EXCLUSIONS&CLARIFICATIONS
1. Broadcast Systems has a clear understanding of the systems in place. As a result, certain assumptions have
been made. Should a change to the system functionality and/or hardware/software be required,Broadcast Systems
will respond by issuing an addendum(or revision)to this proposal describing the impact on the schedule and to the
cost for the system.Work related to any changes will not begin until respective changes are mutually agreed to in
writing.
2. Client will provide:
a. Appropriate and sufficient power(electrical service)to all locations and devices including the
head end control center
b. Sufficient space for the head end and rack space for housing of all equipment.
c. Space for command-and-control equipment
d. Appropriate HVAC environmental controls for the MDF and IDF's
e. DSL, TI, or other high-speed line to provide access to the internet, and for remote access
by Broadcast Systems
f. Base Blueprints as Broadcast will start documenting IP's and systems from an initial audit
performed by Broadcast Staff.
g. Appropriate Ethernet connectivity as specified by Broadcast Systems for interconnect into the
Client LAN/WAN for remote viewing(via VPN or equivalent)of real time and archived video
and troubleshooting or maintenance of the provided equipment.
h. Clearing of trees,vegetation,or any other obstacle that may block camera views and inhibit
video surveillance
i. Utility poles
J. Appropriate and sufficient lighting
k. Sufficient space for mounting and installing all Broadcast Systems provided equipment
1. Lighting protection
3. Broadcast Systems is not responsible for electrical or mechanical adjustments, changes or replacements to
any existing equipment except as noted in this agreement. All major equipment additions will be billed as a
project and signed off on by the client before commencement.
3. The design of this project,and the type and quantity of equipment,are contingent on the completion of a final
site survey/field audit.
4. We provide automation products and integration services to deliver a complete remote surveillance
monitoring system.As a provider of control equipment and engineering services related to the equipment,Broadcast 601
P
SYSTEMS
Systems' scope of responsibility as defined herein, is limited to the individual controls and system supplied by
Broadcast Systems or BS subcontractors only.
5. Client will designate a representative with respect to this project. This representative should have a
working knowledge of the project location and circumstances associated with this proposal.
6. Any information regarding client operations, business, personal, or Clients will be kept in strict confidence.
The system price includes a perpetual,non-exclusive,non-transferable license, or licenses for use in this specific
project only.
7. The pricing set forth in this agreement contains no monetary allowance for product liability or consequential
damages, coverage, indemnification, or warranties, other than those set forth elsewhere in this agreement. Any
additional assurances, indemnifications, or insurance coverage, if desired, will be subject to mutually agreeable
terms,and pricing.
8. Neither party assumes any liability except as expressly provided in these terms and conditions. Subject to the
extent allowable by law, in no event shall either party be liable, whether in contract, tort,or otherwise, for special,
indirect,incidental,or consequential damages caused by the use of this project. Subject to the extent allowable by
law, in no event shall Broadcast Systems' total 'iability to client hereunder exceed the sum paid to
Broadcast Systems by Client,exclusive of any sums paid and/or owing directly to any subcontractor.
9. Performance and/or payment bonds are not included.
10. All prices are exclusive of U.S.federal,state,and local taxes.
11. All supplied documentation will be written in U.S. English;translation into other languages is available at an
extra charge that will be provided upon request.
12. Operating manuals, documentation, and drawings will be provided in electronic format. Pricing for the
production of hard copies of this documentation will be provided upon request.
13. In the event of additional work beyond the scope described herein, costs shall be assessed as follows: An
estimate and written scope of work will be provided to the Client. No work will be performed until the scope of
work and estimate is signed off on by the client and terms are agreed upon.
14. Covered services: City wide,access control systems,video systems,video and security software, security
software, IT support software,mobile and fixed video systems,mobile video systems to include but not limited to
LPR,camera,and signage trailers, fiber optical, and category cable systems,IT support hardware,switching
support hardware,video wall software,video wall infrastructure,to include but not limited to displays and
associated hardware, installation of critical infrastructure to support security and IT related systems. Labor for all
covered services found on GSA contract GS-07F-173GA.
602
1141/
SYSTEMS
A. Routine Service—Labor:
Routine Labor Rate applies to service work and Technical Telephone Support provided during normal
business hours(Monday through Friday between the hours of 8:00AM and 5:00PM EST/EDT).
Routine Service Labor Rate per Hour is charged in accordance with standard rates
ii.
Minimum Time Billing per on-site event.If remote support exceeds.5 hour the 1 Hour
minimum service charge time will apply.
Time Billing Increment in Excess of Minimum Time 0.5 Hour
B. Emergency Response Services—(ERS)—Labor:
Emergency Response Service Labor Rate applies to work that client has specifically requested on an
emergency basis.ERS is provided with a response time of 7 hours(exceptions may apply,subject to type
and location of the emergency).
i. Emergency Response work during normal business hours(Monday through Friday
between hours of 8:00AM and 6:00PM EST/EDT)
Labor rate per hour is charged in accordance with standard rates in the class per
technician.
ii. Emergency Response work after normal business hours and Saturday 1.5 x
Monday through Friday,6:00PM—11:00PM EST;Saturday,8:00AM—2:00PM) Hourly
Rate
Emergency Response work during all other hours including Weekends and Holidays
Holidays:New Year's Day,Good Friday,Memorial Day,Independence Day,Labor Day, 2x Hourly
Thanksgiving Day and day after,Christmas Day Rate
iv. Minimum Time Billing for Emergency Calls 1.5 Hours
v. Time Billing Increment in Excess of Minimum Time 5 hour
C. Travel—Travel charges for BS personnel are as follows:
i. Mileage Rate Per Mile 0
ii.
Air Fare
0
Per Diem per Day per Person applies if service location is outside of a 100-mile radius
from West Palm Beach,Florida 0
D. Materials
i. All Shop Materials Sold at Cost+10%(I.E.Home Depot,Lowes,Electrical Supply,
Amazon)All Avigilon Materials will be sold at 10%off retail price during the term of this
agreement.+
603
fl4S
SYSTEMS
PRICING:
Negotiated Labor Rates
Master Tech:$ 121.91 per hour
PM $121.91
System design:$121.91 per hour
Client will engage Broadcast Systems in a block of 4 hours per month at the Master Tech rate.Technicians will be billed
against the monetary monthly payment listed below per the class of technician preforming work:
121.91 USD per month
The Client will be allowed to"bank"any leftover hours each month.These hours can be used towards a
capital investment type project or equipment purchase within the term of this contract,at NO
additional cost per month.
This"block of time/value"can be realized in several ways:
1. We will allow you to bank your time over the term of the twelve-month contract.
2. The value of the contract will be billed at the appropriate rate for the class of tech that comes on site to
preform work.
3. At the end of the month, months, or bi-annual term of this contract, if there are left over hours Client may
choose to use the monetary value of the left-over hours to purchase either equipment or engage in a"project
with credit from the maintenance contract"
Optional System Health Tracking software
Total: $ 0 USD per month
Explanation: Broadcast Systems will install system health monitoring software on the site devices.If
any of the abovementioned devices start to have an issue or go offline,the software will notify
Broadcast Systems of the problem.This software allows us at times to catch the problems before they
happen.
rr
604
SYSTEMS
TERMS AND CONDITIONS
1. Payment Terms:
Payment is due on the
1st
of every month
2. No modification, alteration, or amendment to this order shall be effective unless in a written change order
signed by Client representative and acknowledged by Broadcast Systems.
3. Standard Warranty: Unless otherwise stated in writing, Broadcast Systems standard warranty covers services
provided by Broadcast Systems under this Agreement as follows:
i.Duration:The Standard Warranty for services provided commences the day the project is completed
and continues in effect for ninety(90)days.Warranty for hardware shall extend to the lesser of twelve
12) months from the date of delivery of project or for the duration of the manufacturers' warranty.
Broadcast Systems shall forward and/or transfer any and all manufacturers' warranties to the Client.
Client shall register the acquired products as appropriate to gain entitlement to the warranties
provided by the manufacturers.
ii.Exclusions:The following exclusions apply:
a. Third Party Software:The Standard Warranty does not cover third party software. Client shall
rely exclusively on the warranties provided by such third parties.
b. Third Party Hardware: The Standard Warranty does not cover Third Party Hardware. Client
shall rely exclusively on the warranties provided by such third parties.
c. Modifications: Any changes or modifications to the code or software applications(as delivered
by Broadcast Systems and as determined by the code version stored by Broadcast Systems as the
latest version)by client will void all warranties.
d. Any leftover hours expire at the end of this agreement if not used.
4. The terms and conditions of this order shall be construed and interpreted under the laws of the State of Florida.
605
PIS
SYSTEMS
CONTRACT EXECUTION:
The parties have made and executed this Agreement on the respective date under each
signature:
Client Nicholas M. Ehr
President
PIO 51010013 12 ,s/eats
Date: Date:
By: Broadcast Systems
290 SW 12th Avenue, Suite 1
Pompano Beach, FL 33069
AP' OVED AS.10 M
Ji O
City Attorney
Initials 8
606
111111N
SYSTEMS
CONTRACT EXECUTION:
The parties have made and executed this Agreement on the respective date under each
signature:
Client Nicholas M. Ehr
President
Sidoa3
Date: Date:
By: Broadcast Systems
290 SW 12th Avenue, Suite 1
Pompano Beach, FL 33069
AP vOVED AS 0 M
GJ/4
City Attorney
607
City of Boynton Beach
Agenda Item Request Form
7.D
Consent Bids and Purchases over $100,000
05/21/2024
Meeting Date: 05/21/2024
Proposed Resolution No. R24-118- Approve and authorize the City Manager to execute
the Statement of Work with Routeware, Inc., for the Encore/eMobile products, service,
and implementation for Solid Waste Division utilizing the City of Boynton Beach's
HGACBuy Interlocal Contract for Cooperative Purchasing No: ILC18-6755. Approve an
increase to the estimated annual expenditure to $150,000 per year.
Requested Action: Staff recommends approval of Proposed Resolution No. R24-118.
Explanation of Request: As part of the Route Management Solution Implementation for the
Solid Waste Division, by utilizing the City of Boynton Beach HGACBuy Interlocal Contract for
Cooperative Purchasing No: ILC18-6755, a new billing system, Encore/eMobile, is being
requested. This system will allow the Solid Waste Division to automate the billing process,
which is currently being performed manually, avoiding mistakes and saving manpower time
and effort. All current hardware will be used.
The implementation cost for this billing system is $38,100, plus an annual subscription of
$15,380.40, for a total expenditure for Routeware, Inc., for Encore/eMobile of $62,113.32.
Solid Waste Division also has other Routeware hardware currently in place.
How will this affect city programs or services? This new billing system will work in
conjunction with Route Management Solution, and will automate all manual billing processes,
limiting human mistakes, and making sure all past due invoices, inactivity invoices, extra pick-
up, trip charges, and special pick-ups are recorded timely, for better service to our residents
and customers.
Fiscal Impact: This is a budgeted item.
Attachments:
R24-118 Agenda_Item_1399-2023_Resolution_for_Routeware_revised.docx
Exhibit A to Resolution- Routeware Scope of Work - Signed.pdf
City of Boynton Beach - HGAC - ILC18-6755.pdf
HGAC_Contract.pdf
HGAC_Contract_FL03-21_-_Amendment_1_-Routeware__Inc.pdf
HGAC_Contract_FL03-21_-_Amendment_2_-Routeware__Inc.pdf
HGAC_Contract_FL03-21_-_Amendment_3_-Routeware__Inc.pdf
R18-063.pdf
608
R23-183.pdf
609
RESOLUTION NO. R24-1181
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY 4
MANAGER TO EXECUTE THE STATEMENT OF WORK WITH ROUTEWARE, 5
INC.,FOR THE ENCORE/EMOBILE PRODUCTS, SERVICE, AND 6
IMPLEMENTATION FOR SOLID WASTE DIVISION, UTILIZING THE CITY 7
OF BOYNTON BEACH HGACBUY INTERLOCAL CONTRACT FOR 8
COOPERATIVE PURCHASING NO: ILC18-6755; APPROVE AN INCREASE 9
TO THE ESTIMATED ANNUAL EXPENDITURE TO $150,000 PER YEAR; 10
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11
12
WHEREAS, on April 17, 2018, the City Commission approved Resolution No. R18-063 13
authorizing the City Manager to sign a proposal with Routeware, Inc., utilizing the HGACBuy14
Contract #FL03-17 for the purchase of onboard computing system for installation in Public 15
Works Solid Waste vehicles for the amount of $92,827, travel costs not to exceed $7,500, and16
a monthly maintenance fee of $10,092.92 for an estimated annual expenditure of $121,116; 17
and 18
WHEREAS, on May 3, 2018, the City entered into an Interlocal Contract for Cooperative 19
Purchasing with Houston-Galveston Area Council; and20
WHEREAS,on December 19, 2023, the City Commission approved Resolution No. R23-21
183 approving an increase to the estimated expenditure with Routeware, Inc., to $75,000 for 22
the remainder of the contract; and 23
WHEREAS, as part of the Route Management Solution Implementation for the Solid 24
Waste Division, by utilizing the City of Boynton Beach HGACBuy Interlocal Contract for 25
Cooperative Purchasing No: ILC18-6755, a new billing system, Encore/eMobile, is being 26
requested, which would allow the Solid Waste Division to automate the billing process, which 27
is currently being performed manually, avoiding mistakes and saving manpower time and 28
effort; and29
WHEREAS, the implementation cost for the billing system is $38,100 plus an annual 30
subscription fee of $15,380.40, for a total annual expenditure for Routeware, Inc., for31
Encore/eMobile of $62,113.32; and32
33
610
WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 34
of staff, deems it to be in the best interest of the citizens and residents to approve and 35
authorize the City Manager to execute the Statement of Work with Routeware, Inc., for the 36
Encore/eMobile products, service, and implementation for Solid Waste Division, utilizing the 37
City of Boynton Beach HGACBuy Interlocal Contract for Cooperative Purchasing No: ILC18-38
6755, and approve an increase to the estimated annual expenditure to $150,000 per year.39
40
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 41
BOYNTON BEACH, FLORIDA, THAT:42
SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 43
being true and correct and are hereby made a specific part of this Resolution upon adoption.44
SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby 45
approves the Statement of Work with Routeware, Inc. for the Encore/eMobile products, 46
service, and implementation for Solid Waste Division, utilizing the City of Boynton Beach 47
HGACBuy Interlocal Contract for Cooperative Purchasing No: ILC18-6755, and approves an 48
increase to the estimated annual spend to $150,000 per year.49
SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby approves 50
the Order Form and the Statement of Work with Routeware, Inc., in form and substance similar to 51
that attached as “Exhibit A,”and authorizes the City Manager to execute the Order Form and the 52
Statement of Work. 53
SECTION 4.The fully-executed Order Form and Statement of Work shall be retained 54
by the City Clerk as a public record of the City. A copy of the fully-executed documents shall 55
be provided to Ydelsi Rodriguez to provide to Routeware, Inc.56
SECTION 5.This Resolution shall take effect as provided by law. 57
58
59
[signatures on the following page]60
61
611
PASSED AND ADOPTED this 21st day of May 2024.62
CITY OF BOYNTON BEACH, FLORIDA63
64
YES NO65
Mayor – Ty Penserga __________66
67
Vice Mayor – Aimee Kelley __________68
69
Commissioner – Angela Cruz __________70
71
Commissioner – Woodrow L. Hay __________72
73
Commissioner – Thomas Turkin __________74
75
VOTE ______76
77
78
ATTEST:79
80
___________________________________________________________81
Maylee De Jesús, MPA, MMC Ty Penserga82
City Clerk Mayor83
84
APPROVED AS TO FORM:85
(Corporate Seal)86
_______________________________87
Shawna G. Lamb88
City Attorney89
90
612
613
614
615
616
617
618
619
620
621
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623
DocuSign Envelope ID: C3211A16-4A27-4A33-A40B-FC3F08A8B56C
624
DocuSign Envelope ID: C3211A16-4A27-4A33-A40B-FC3F08A8B56C
5/23/2018
625
DocuSign Envelope ID: C3211A16-4A27-4A33-A40B-FC3F08A8B56C
626
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Routeware, Inc. - Public Services - ID: 6308
Page 1 of 13
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter
referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas
77027 and Routeware, Inc., hereinafter referred to as the Contractor, having its principal place of business at
16525 SW 72nd Avenue, Portland, OR 97224.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the
Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this
Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter
into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments
hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all federal laws,
executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in
effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation
laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other
information submitted as a part of a submission or Agreement, are considered public information, and become the
property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC
according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC
policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the
Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether
such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request
such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not
responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material
from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any
time during the evaluation process.
627
Page 2 of 13
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the
independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance
of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State
of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and
supervision of the Contractor. The Contractor is solely responsible for employee related disputes and
discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition
or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not
be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966
Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its
principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation by any federal department or agency or by the State of Texas Respondent shall immediately provide
the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of
the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the
covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let)
H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus
area firms are used when possible in providing services under a contract. In accordance with federal procurements
requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps
listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever
they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit
maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
6.
Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or
unavailable. The Small Business Administration (SBA) is the primary reference and database for information on
requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime-
subcontracting
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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises
such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned
Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise
(DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as
may be required by any rules, processes or programs they might have in place. Assistance may include
compliance with reporting requirements, provision of documentation, consideration of Certified/Listed
subcontractors, provision of documented evidence that an active participatory role for a DBE entity was
considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Mar 01 2021 and ends Feb 28 2023. All
services under this Agreement must be rendered within this performance period, unless directly specified under a
written change or extension provisioned under Article 21, which shall be fully executed by both parties to this
Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions. H-GAC will not pay for any
expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of
the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the
goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS
If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must
be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of
these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this
Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this
agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of
the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform
may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to
timely submit any report may also be considered cause for termination of this Agreement. Any additional
reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as
outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet
or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third
party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any
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subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all
subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance
rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by
applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of
Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an
independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local
government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be
conducted in accordance with applicable professional standards and practices. The Contractor understands and
agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-
GAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally
exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is
the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC,
through its staff or designated public accounting firm, the State of Texas, and United States Government, shall
have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized
representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not
limited to the required retention period, but shall last as long as the records are retained. Failure to provide access
to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the
Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers
and labor classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other
evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and
all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled
checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to
purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the
examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other
financial, statistical, property, participant records, and supporting documentation for a period of no less than seven
(7) years from the later of the date of acceptance of the final payment or until all audit findings have been
resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before
the expiration of the retention period, the records shall be retained until completion of the action and resolution of
all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding
litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
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Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are
for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all
obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor
is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and
forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or
service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities
after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in
federal or state law or by regulations, are automatically incorporated without written amendment hereto,
and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment
that affects the performance under this Agreement must be mutually agreed upon and that all such
amendments must be in writing. After a period of no less than 30 days subsequent to written notice,
unless sooner implementation is required by law, such amendments shall have the effect of qualifying the
terms of this Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the
purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The
change order must be in writing and agreed upon by Contractor and the Customer agency prior to
issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and
acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from
the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a
contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at
its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price,
Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole
discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no
penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the
next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to
be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price,
Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally
contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will
remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its
sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any
other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items
or as published options, routine published changes to products and pricing will be automatically
incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written
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notice and an explanation of the changes to products and pricing. H-GAC will respond with written
approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately
pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost
means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw
materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and
Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases
set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If
Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract
pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase after twelve (12) months from the bid opening date of the bid received
by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost
and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the
price increase is the result of increased tariff charges, or other economic factors.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a
price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization
charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published
catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new
published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The
request must include the new catalog or price sheet.
All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and
federal government requirements. If, during the course of any contract, changes are made to any government
requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the
extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation
acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements
which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date
of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the
Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by
line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the
documentation used to submit pricing in the original Response and be supported with substantive documentation
(e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that
Contractor's actual costs have increased per the applicable line item bid. The Producer Price Index (PPI) may be
used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in
the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and
updating of the website. The letter and documentation must be sent to the Bids and Specifications manager,
William Burton, at William.Burton@h-gac.com
Review/Approval of Requests
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If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective
until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may
terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill
any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not
approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order
acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave
H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver
any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase
order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has
accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.
The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the
Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.
Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms
of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees
to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor
within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the
Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or
refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be
issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following
the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same
merchantable condition as when received. Items that are special ordered may be returned only upon approval of
the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety
and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included
in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS
H-GAC does NOT purchase the products sold pursuant to a Solicitation or Agreement. Contractor is responsible
for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall
Notices and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have
the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor
is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the
Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and
will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims,
Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims
that have been assigned to a third party.
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ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever
H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing
written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services
hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the
notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written
notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it
has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the
Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any
extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason
whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of
services herein specified within the Agreement term is significantly endangered, and in either of these
two instances does not cure such failure within a period often (10) days (or such longer period of time
as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default
from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and
H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the
Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject
to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full
force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of
any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts
of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's
control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such
obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure
shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the
review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement
which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this
Agreement.
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A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires
contractors contracting or seeking to contract with H-GAC to file a conflict of interest questionnaire (CIQ)
if they have an employment or other business relationship with an H-GAC officer or an officer’s close
family member. The required questionnaire and instructions are located on the H-GAC website or at the
Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its
Board of Directors and Executive Director, who are listed on this website. Respondent must complete and
file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office
or an officer’s close family member as defined in the law exists.
B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas
Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a
disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or
(ii) the Contractor is exempt from such requirement. The required form and instructions are located at the
Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and
environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Agreement,” If the
Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work
to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of
equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance
obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of
1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),
which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any
specific statute(s) applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act
(42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.),
Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection
Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a -
276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and
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policies relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 34: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set
forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The
Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity
through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify
H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement
within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor
from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of
discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas,
the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full
investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor
pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under
this Agreement.
ARTICLE 35: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in
tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use,
loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential
damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law,
to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities
from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action,
judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement.
Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this
Agreement.
ARTICLE 36: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability
under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise,
but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold
hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not
as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial
loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may
be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon
demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 37: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be
considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 38: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by
H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms
and, in the event of any ambiguities, no inferences shall be drawn against any party.
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ARTICLE 39: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that
maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as
required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent
certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in
the performance of the Contract will be at least the amount required by the applicable contract specifications or
other contractual requirements.
ARTICLE 40: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may
be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in
any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 41: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits
discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental, or financing of housing;
i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 42: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
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For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging
in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may
request a copy of this policy.
ARTICLE 43: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will
be bound by the foregoing terms and conditions.
ARTICLE 44: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and
renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 45: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data
appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 46: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within
the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-
GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The
decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days
from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-
GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be
heard and offer evidence in support of its position. The decision of the Executive Director after any such
rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive
decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute
hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 47: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause
of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas.
Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the
state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 48: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1)
General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
ARTICLE 49: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete
Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements
between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be
modified without written consent of the parties.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written
above, as accepted by:
638
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Routeware, Inc. - Public Services - ID: 6308
Page 13 of 13
Routeware, Inc.
Signature $docusign:SignHere::Customer1
Name Tom Malone
Title CEO
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSi
639
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Routeware, Inc. - Public Services - 6308
Page 1 of 8
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into
the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms
and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions
that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its
Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall
in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this
Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with
END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs,
surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting
forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC,
after due consideration of Contractor’s written explanation, may decline to accept such ex planation and
thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder,
proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
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ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge,
after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END
USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order
processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Aggregate limit of at least two times the Single Occurrence limit.
b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire
Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while
in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and
the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be
carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a
Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance
certificate(s) submitted to H-GAC.
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d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and
for any extensions thereof, plus the number of days/months required to deliver any outstanding order after
the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are
required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a
separate insurance certificate must be submitted for each such party.
g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and
document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the
exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most
current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered
must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and
with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to
preclude the Contractor from offering new models or configurations which incorporate improvements in
a current design or add functionality, but in which new model or configuration may be new to the
marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Agreement, but which are
normally furnished or necessary to make the Product ready for its intended use upon delivery. Such
accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time
of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout
the entire quantity of a Product as may be purchased simultaneously by any Customer.
e. Be designed and constructed using current industry accepted engineering and safety practices, and
materials.
f. Be available for inspection at any time prior to or after procurement.
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ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Agreement will be subject to inspection/testing by or at the direction of H-
GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a
Product fails to meet or exceed all requirements of this Agreement, and unless otherwise agreed in advance, the
cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous
three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable
c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 15: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have
direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost
of obtaining any background information requested by the Customer.
ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does
not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001,
Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not
include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership,
joint venture, limited partnership, limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business
associations that exist to make a profit.
ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION
As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a
company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization –
specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively
declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions
regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
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ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020
and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. ‘‘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.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26
requires that Contractors review SAM prior to completing their required representations. This rule applies to all
acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of
commercial items, including commercially available off the-shelf items.
ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program)
With respect to products purchased b y Customers for use in the National School Lunch Program and/or
National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations
with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to
the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such
programs.
In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy
American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers
may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on
all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such
requirement.
ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit
Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall
comply with all federal procurement laws and regulations with respect to such projects, including the Buy
American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel
and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable.
Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to
products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all
federal procurement laws and regulations with respect to such projects, including the Buy American provisions
set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.
Contractor agrees to provide all certifications required by Customer regarding such programs.
ARTICLE 21: DOMESTIC PREFERENCE
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In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using
federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but not limited to
iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement
in all subawards including all contracts and purchase orders for work or products under the federal grant award.
If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the
Customer to provide all required certifications and other documentation needed to show compliance.
ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.
§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this
Agreement and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal
Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by
Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor
agrees that such provision applies to any contract that meets the definition of “federally assisted construction
contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must
be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387) and will remain in compliance during the term of the Contract.
ARTICLE 25: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the
Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29
C.F.R. pt. 1 and 5.
ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all
Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include
a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
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every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of ,000, a Customer may be required to negotiate profit as a
separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate
with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees
that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing,
including any applicable discount, under any awarded contract.
ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding ,000
must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise
comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in
compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will
continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the
entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of a Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing, or attempting to influence, an officer or employee of a Member of Congress in connection
with a Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit
Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction
imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than ,000 and not more than ,000 for each such failure.
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ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS
Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR
Part 15.
ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT
Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
647
Page 1 of 1
Attachment A
Routeware, Inc.
Fleet Services Equipment
Contract No. FL03-21
Applicable items are the catalogs listed in the table below, as well as any pricing documents included in the
awardee’s bid response.
Product Code Manufacturer Description Specific System /
Solution Price
FL21G04 Routeware
"Basic" solution (route management solution for
solid waste programs): per vehicle license, priced
as a single vehicle; home office license; web based
fleet management; cloud hosted; GPS; real-time;
cellular (CDMA & GSM/GPRS); light duty vehicle
applications; Xirgo XT-2050C GPS transponder-
cellular modem (OBDII interface); home office
software includes dashboards, reports, mapping,
route playback, geofencing, breadcrumb trails;
vehicle proximity to landmarks and addresses;
Alerts & notifications include speeding, idling,
engine on/off, mileage, time
Standard “Basic”
solution: $338
(inclusive of GPS
unit with
associated
standard wiring,
cabling, etc.,
applicable base
software, as well
as 12 months of
support)
FL21G05 Routeware
"Premium" solution (route management solution for
solid waste programs): per vehicle license, priced
as a single vehicle; home office license; web based
fleet management; operations efficiency; cloud
hosted and onsite server options; inclusive of Basic
solution features; GPS; real-time; cellular (CDMA
& GSM/GPRS); light duty vehicle applications;
Sierra Wireless GX400 GPS transponder-cellular
modem (OBDIII interface); touch screen computer
options; driver records pickups, skips, extras,
timers, comments; turn-by-turn directions; route
based or work order based; home office software
includes: dashboards, route management, work
order management, alerts, driver messaging
interface, route details, customer service, mapping,
reporting; mapping functionality includes: bread
crumb trails, route playback, geofencing, proximity
to landmarks and addresses; alerts and notifications
include speeding, idling, engine on/off, mileage,
time, behind schedule, off route, timers
Standard
“Premium”
solution: $3,116
(inclusive of
GPS/onboard
computer unit
with full install
kit (standard
cabling, wiring,
etc.) as well as
the base perpetual
software license;
requires
Routeware
Control Center
licensing
($15k…$188/vehi
cle after first 15)
648
Revised 6.1.18
AMENDMENT No. 1 to CONTRACT No. FL03-21
For
Fleet Services Equipment
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Routeware, Inc.
THIS AMENDMENT modifies the above referenced Contract as follows:
Clarifies Articles 26, 27, and 28 in Special Provisions of the above referenced Agreement (# 6308) should
read as follows:
ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all
Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit as
a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and
negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor
also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the
awarded pricing, including any applicable discount, under any awarded contract.
ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding
$100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the Customer. As applicable, Contractor agrees to file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC
1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the
Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the
making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension,
continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative
DocuSign Envelope ID: C81E7CA4-C73C-415E-AAE1-357C05C6FD16
649
Revised 6.1.18
Master Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing, or attempting to influence, an officer or employee of a Member of Congress in
connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall
complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative Master Agreements) and that all subcontractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certificate is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and
conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly
authorized representatives.
Signed for Houston-Galveston Area Council, ____________________________________
Houston, Texas Chuck Wemple, Executive Director
Date: _______________________________
Signed for: Routeware, Inc. ___________________________________
Printed Name & Title: ____________________________________
Date: _______________________________
DocuSign Envelope ID: C81E7CA4-C73C-415E-AAE1-357C05C6FD16
CEO
12/20/2021
Tom Malone
12/20/2021
650
Revised 6.1.18
AMENDMENT No. 2 to CONTRACT No. FL03-21
For
Fleet Services Equipment
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Routeware, Inc.
THIS AMENDMENT modifies the above referenced Contract as follows:
This contract is extended through February 28, 2024 Midnight CT.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and
conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly
authorized representatives.
Signed for Houston-Galveston Area Council, ____________________________________
Houston, Texas Chuck Wemple, Executive Director
Date: _______________________________
Signed for: Routeware, Inc. ____________________________________
Printed Name & Title: ____________________________________
Date: _______________________________
DocuSign Envelope ID: 0917EFF1-B571-4CE9-9E08-CA2529BAECC7
ControllerLanae Bulkley
2/22/2023
2/22/2023
651
Revised 6.1.18
AMENDMENT No. 3 to CONTRACT No. FL03-21
For
Fleet Services Equipment
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Routeware, Inc.
THIS AMENDMENT modifies the above referenced Contract as follows:
This contract is extended through February 28, 2025 Midnight CT.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and
conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly
authorized representatives.
Signed for Houston-Galveston Area Council, ____________________________________
Houston, Texas Chuck Wemple, Executive Director
Date: _______________________________
Signed for: Routeware, Inc. ___________________________________
Printed Name & Title: ____________________________________
Date: _______________________________
DocuSign Envelope ID: 53B6AC8A-55D4-41EF-B6A4-D95F94F34C30
3/14/2024
VP, AccountingRobert Nelson
3/15/2024
652
h-gac.com Serving Today • Planning for Tomorrow
Certification Regarding Debarment HGAC
V9.17.20 Page 1
HOUSTON-GALVESTON AREA COUNCIL
PROCUREMENT AND CONTRACTS
PROGRAM
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR COVERED CONTRACTS
Federal Executive Order 12549 requires the Houston-Galveston Area Council (H-GAC) to screen each covered potential contractor to determine whether each has a
right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Each covered contractor must also
screen each of its covered subcontractors/providers. In this certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract
and subcontract.
By signing and submitting this certification the potential contractor accepts the following terms:
1.The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later
determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the
Houston-Galveston Area Council or other federal department or agency, may pursue available remedies, including suspension and/or debarment.
2.The potential contractor shall provide immediate written notice to the person to whom this certification is submitted if at any time the potential contractor
learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3.The words "covered contract," "debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in
this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549.
Usage is as defined in the attachment.
4.The potential contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into
any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Houston-Galveston Area Council or other federal department or agency, as applicable.
Do you have or do you anticipate having subcontractors under this proposed contract? YES NO
5.The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts " without modification, in all covered subcontracts and in solicitations for all
covered subcontracts.
6.A contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certifications from its covered subcontractors upon
each subcontract's initiation and upon each renewal.
7.Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification
required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
8.Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in the transaction, in addition to other remedies available to the
federal government, Houston-Galveston Area Council, or other federal department or agency, as applicable, may pursue available remedies, including
suspension and/or debarment.
Indicate which statement applies to the covered potential contractor:
The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any
federal department or agency or by the State of Texas.
The potential contractor is unable to certify to one or more of the terms in this certification. In this instance, the potential
contractor must attach an explanation for each of the above terms to which he is unable to make certification. Attach the
explanation(s) to this certification.
NAME OF POTENTIAL CONTRACTOR
VENDOR ID NO. /FEDERAL EMPLOYER ID NO.
Signature of Authorized Representative Printed/Typed Name of Authorized Representative
Date Title of Authorized Representative
DocuSign Envelope ID: 53B6AC8A-55D4-41EF-B6A4-D95F94F34C30
653
h-gac.com Serving Today • Planning for Tomorrow
Certification Regarding Debarment HGAC
V9.17.20 Page 2
INSTRUCTIONS FOR CERTIFICATION
1.By signing and submitting this proposal, the prospective contractor is providing the certification
set out below.
2.The inability of a contractor to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective contractor shall submit an explanation of why
it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective contractor to furnish a certification or an explanation shall disqualify such
contractor from participation in this transaction. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency determined to enter into this
transaction. If is later determined that the prospective contractor knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency
may terminate this transaction for cause or default.
3.The prospective contractor shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective contractor learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of
the rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).
5.The prospective contractor agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into this transaction.
6.The prospective contractor further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions, "provided by the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the ineligibility of its principals. Each participant may, but
is not required to, check the Non procurement List.
8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9.Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
DocuSign Envelope ID: 53B6AC8A-55D4-41EF-B6A4-D95F94F34C30
654
1 RESOLUTION NO. R18-063
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO SIGN A PROPOSAL WITH ROUTEWARE, INC.,
7 OF PORTLAND, OR, UTILIZING THE HGAC-BUY CONTRACT
8 FLO3-17 FOR THE PURCHASE OF ONBOARD COMPUTING
9 SYSTEM FOR INSTALLATION IN PUBLIC WORKS SOLID
10 WASTE VEHICLES FOR THE AMOUNT OF $92,827.00 PLUS
11 TRAVEL COSTS NOT TO EXCEED $7,500.00; PLUS MONTHLY
12 MAINTENANCE FEE OF $10,092.92 FOR AN ESTIMATED
13 . ANNUAL EXPENDITURE OF $121,116.00; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16
17 WHEREAS, the Public Works Solid Waste Division would like to purchase and
18 implement the Routeware System which will allow Public Works to more efficiently
19 discharge its solid waste collection duties, resulting in fewer issues with routes and pick-ups;
20 and
21 WHEREAS, Routeware provides advanced software solutions as an adjunct to Solid
22 Waste Collection which will track vehicles, routes and collections at each home or business
23 and then can be evaluated by the Solid Waste Manager to determine different means of
24 optimizing the City's refuse and recycling services; and •
25
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
27 recommendation of staff, deems it to be in the best interests of the City residents to Authorize
28 the City Manager to sign a proposal with Routeware, Inc:of Portland, OR, utilizing the HGACBuy
29 Contract # FLO3-17 for the purchase of onboard computing system for installation in Public Works
30 Solid Waste vehicles for the amount of$92,827.00 plus travel costs not to exceed $7,500.00. In
31 addition to the..purchase cost there will be a monthly maintenance fee of$10,092.92 for an estimated
32 annual expenditure of$121,116.00.
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
35 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
36 Section 1. . The foregoing "Whereas" clauses are hereby ratified and confirmed as
3.7 being true and correct and are hereby made a specific part of this Resolution upon adoption
38 hereof.
39 Section 2. The City Commission hereby approves and authorizes Authorize the
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\VAGZE6P0\Routeware_(onboard_computing_system)_-_Reso.doc
655
40 City Manager to sign a proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy
41 Contract # FLO3-17 for the purchase of onboard computing system for installation in Public Works
42 Solid Waste vehicles for the amount of$92,827.00 plus travel costs not to exceed $7,500.00. In
43 addition to the purchase cost there will be a monthly maintenance fee of$10,092.92 for an estimated
44 annual expenditure of$121;116.00, a copy of the proposal is attached hereto as Exhibit"A."
45
46 Section 3. This Resolution shall become effective immediately upon passage.
47 PASSED AND ADOPTED this 7441day of
4771.) ,
2018.
48 CITY OF BOYNTON BEACH, FLORIDA
49
50 YES NO
51 Mayor—Steven B. Grant j0/74'
52
53 Vice Mayor—Christina L. Romelus r
54
55 Commissioner—Mack McCray
56
57 Commissioner—Justin Katz r
58
59 Commissioner—Joe Casello
60
61
62 VOTE
63 ATTEST:
64
65
66 a_hze2 4.
4
67 Ju h A. Pyle, CMV
68 City Clerk
69
70
71
72 (City Seal)
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\VAGZE6P0\Routeware_(onboard_computing_system)__Reso.doc
656
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Sales Contact: Jay Nichols Date:February 6,2018
ROUTEWARE® Phone: (678)653-9818 Order Expires:May 6,2018
Email: jnichols@routeware.com
Order#1109-R13
Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of
Boynton Beach Public Works is provided in reliance upon its consent not to use or disclose any information
contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this
document agrees to inform present and future employees of City of Boynton Beach Public Works who view or
have access to its content of its confidential nature.
The recipient agrees to instruct each employee that they must not disclose any information concerning this
document to others except to the extent that such information is generally known to, and is available for use
by, the public.The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute
any material contained herein without Routeware, Inc.'s express written consent.
Routeware retains all title, ownership and intellectual property rights to the material and trademarks contained
herein, including all supporting documentation,files, marketing materials,and multi-media.
BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE
AFOREMENTIONED STATEMENT.
Order#1109-R13 I Date: February 6, 2018
16575 SW 72nd Ave. Portland„OR 97224 °• Office: 503.906.8500 • Fax 503.906,.8544
658
Sales Contact: Jay Nichols Date: February 6,2018
Phone: (678)653-9818 Order Expires: May 6,2018
Email: jnichols@routeware.com
Order#1109-R13
Customer:
City of Boynton Beach Public Contact: Jeff Livergood Ship to: City of Boynton Beach Public Works
Works Phone: (561) 742-6201 222 NE 9th Ave
222 NE 9th Ave Email: livergoodj@bbfl.us Boynton Beach, FL 33435
Boynton Beach, FL 33435
HARDWARE
ITEM# DESCRIPTION QTY UNIT PRICE TOTAL
Regular Duty Tablet 9.7"with Full Install Kit(Android)-
4-921-A price subject to change based upon market changes in 47 750.00 $35,250.00
price and availability
BA-PROX-A Regular Duty Tablet, Proximity Switch 18 100.00 1,800.00
4-925-S
Regular Duty Tablet 9.7"(Android)-Spare unit with no
4 780.00 3,120.00
cellular connectivity
RWCAM100-BA-A Two Camera System for Android(RD) 18 450.00 8,100.00
Hardware Total: $48,270.00
SOFTWARE
ITEM# DESCRIPTION QTY UNIT PRICE TOTAL
SW License-Camera Camera License 47 156.00 7,332.00
SW License-RFO RouteMaker 1 $12,500.00 $12,500.00
Software Total: $19,832.00
SERVICES
ITEM# DESCRIPTION QTY UNIT PRICE TOTAL
Prof Svs-PM&T Project Management and Training 1 $10,000.00 $10,000.00
Prof Svs-Vehicle Inst Vehicle Installation 47 275.00 $12,925.00
Prof Svs-Camera Inst Camera Installation 18 100.00 1,800.00
Services Total: $24,725.00
Order Total: $92,827.00
Payment Terms:
Hardware&Software: 100%due upon execution of order and prior to shipment
Services: Due 30 days from invoice date
Monthly Fees: Due quarterly in advance per support plan terms and conditions
Four(4) RD Android Tablets to be used as spare units and will be activated only upon customer request,at which time activation for
units being replaced will be suspended.Additional monthly Service fee of$92.50 per unit will apply immediately if/when spare units
are deployed as new units as opposed to replacements for existing units.The additional fee will apply retroactively for the period
from ship date to deployment date.
Travel&Expense for installation,training,and go-live not to exceed$7,500.
Order#1109-R13 I Date: February 6,2018
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16575 SW.72nd Ave Portland"OR'97224 • C ffi a 50 906'85 00• a 503906,8544 `;w"` ..
659
Sales Contact: Jay Nichols Date: February 6,2018
ROUTElIARE€Phone: (678)653-9818 Order Expires: May 6,2018
Email: jnichols@routeware.com
Order#1109-R13
Qty Price Monthly
Cloud Hosting 1 595.00 595.00
Monthly Service Fee 47 185.00 8,695.00
Monthly Service Fee-Spare Units 4 92.50 370.00
Camera System Fee 47 5.00 235.00
RouteMaker Support-Annual 1 2,375.00 197.92
10,092.92 Total per month
Monthly Fees include the following:
1. CPU support
2. Monitor support
3. Camera support
4. Modem support
5. Cabling support
6. One-year warranty on hardware
7. Troubleshooting software in the vehicle
8. Troubleshooting the back office server
9. Routinely updating software in the vehicle with patches and fixes
10. Routinely updating software on the server with patches and fixes
11. Troubleshooting and monitoring the cellular network
12. Providing new functionality to vehicle software at no additional cost
13. Providing new functionality to back office software at no additional cost
14. Providing phone support
15. Imaging hardware with software
16. Performing hardware warranty work(for hardware purchased from Routeware)
17. Years of continuing research on the type of hardware that customers should purchase
18. Supporting and troubleshooting the RMS/billing interface
19. Consulting about best practices in waste fleet automation
This Order and all products and services herein are subject to and limited to the terms and conditions contained in Routeware's Master
Terms located at http://www.routeware.com/Clients.Any purchase orders issued in response to this Order,will be deemed acceptance
of such terms and any acknowledgement Routeware issues is expressly conditioned on such acceptance.
http://www.routeware.com/Clients Username:CityofBoyntonBeach Password:C1tyOfBOyntOnB3ach
Order commitment is for 36 months of service.
Prices are exclusive of any federal,state, or local taxes.The customer is responsible for all federal,state,and local taxes.
This system requires a specific server to operate Routeware software,which may need to be purchased separately.
This system requires cellular connectivity for each vehicle which may need to be purchased separately.
Routeware is not a Billing or Route Management System(RMS)expert and does not represent any RMS or Billing company in any way.
If route sequencing by Routeware is a requirement,additional professional services fees may apply.
On-Board Computer software is sold as a perpetual license,allowing the license to be activated on replacement hardware.
Any lapse in support voids perpetual license.
Pricing does not include freight cost or travel expenses,which will be invoiced as they are incurred.
Order#1109-R13 I Date: February 6, 2018
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Sales Contact: Jay Nichols Date: February 6,2018
Phone: (678)653-9818 Order Expires: May 6,2018
Email: jnichols@routeware.com
Order#1109-R13
I authorize this purchase subject to the terms and conditions of the Master Terms.
City of Boynton Beach Public Works
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Signature Title
Name(Printed) Date
APPROVED A A FO'
CITY ATTORNEY
Routeware,Inc.
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Name(Printed) Date
Order#1109-R13 I Date: February 6,2018
16575 SW 72nd Ave. Portland, OR.97224 • Office: 503.906.8500 • Fax: 503.906 8544
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661
1 RESOLUTION NO. R23-183
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AN INCREASE TO THE ESTIMATED EXPENDITURE WITH
5 ROUTEWARE, INC., TO $75,000 FOR THE REMAINDER OF THE
6 CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
7
8 WHEREAS, the City previously piggybacked the HGAC Contract, FLO3-21, and staff
9 procured a blanket purchase for $49,999 for the monthly services for the fiscal year 23/24;
10 and
11 WHEREAS, since the initial contract, Solid Waste has installed additional equipment
12 increasing the monthly costs and services, exceeding the allowable expenditure; and
13 WHEREAS, Staff will need to process current pending invoices in the amount of
14 $6,001 and, therefore, is requesting an increase to the estimated annual expenditure to
15 $75,000 to cover the additional monthly service fees, cloud hosting fees, and any additional
16 costs rendered; and
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interest of the citizens and residents to
19 approve an increase to the estimated expenditure with Routeware, Inc., to $75,000 for the
20 remainder of the contract.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
26 approves an increase to the estimated expenditure with Routeware, Inc., to $75,000 for the
27 remainder of the contract.
28
S:\CC\WP\CCAGENDA\2023\12-19-2023\R23- 183 Routeware_Expenditure_Increase-Final(3).Docx
662
29 Section 3. That this Resolution shall become effective immediately.
30 PASSED AND ADOPTED this 19th day of December, 2023.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor-Ty Penserga V
36
37 Vice Mayor-Thomas Turkin
38
39 Commissioner-Angela Cruz
40
41 Commissioner-Woodrow L. Hay
42
43 Commissioner-Aimee Kelley
44
1
45 VOTE 4 -(d)
4646
47
48 ATT- "
49
50 ll. , 1 o,,....
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51 Mayle- r- esus, MPA, MC Ty '- s-/•a
52 City Cle Mayor'
53
54 APP OVED AST FORM:
O.i NTO/..
61<<.‘‘`‘,
555
6 (
Corporate Seal)ok o;QoRgre•... -I
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57 S ri
i$
Shawna G. Lamb
58 i, : N
RP I City Attorney2
59 19 ••
kt`.,
FLOW_....r
S:\CC\WP\CCAGENDA\2023\12-19-2023\R23-183 Routeware_Expenditure_Increase-Final(3).Docx
663
City of Boynton Beach
Agenda Item Request Form
10.A
Unfinished Business
05/21/2024
Meeting Date: 05/21/2024
Update on the status of 2024 road resurfacing projects by the Construction Services
Division, presented by Kevin Ramsey, Interim Public Works Director.
Requested Action: Update requested by Commissioner Cruz.
Explanation of Request: Presentation by Kevin Ramsey, Interim Director of Public Works
regarding:
Road Projects completed in 2024 to date
Upcoming Road Projects in 2024
Projects Pending
Attachments:
Power Point - Commission Meeting Revised 2.pptx
664
2024 Road Resurfacing Projects
Kevin Ramsey
Interim Director of Public Works & Engineering
Email: RamseyK@bbfl.us
Phone: 561-742-6986
665
Upcoming Projects FY23/24:
•Golfview Harbor Resurfacing
•Meadows – Heather Lake/Windemere
Neighborhoods
•Citrus Park Drive
•Estimated Cost: $1.45 million
•Construction starts mid July 2024
666
Golfview Harbor – Resurfacing
667
668
669
670
671
672
Meadows – Heather Lake Neighborhood
Meadows – Windemere Neighborhood
673
674
675
Citrus Park Blvd. - Resurfacing
676
Lake Boynton Estates –Resurfacing
Estimated Cost: $1.9 million
Construction starts Late August 2024
677
678
679
680
681
682
683
684
685
686
687
688
Completed Projects:
• SW 8
th Street
• Boynton Lakes Boulevard
• Meadows Way
• Meadows Boulevard
• Boynton Beach Boulevard Ext
• Chapel Hill
• Cherry Hill
689
SW 8th St – Resurfacing
Completed Cost: $814,247
690
691
692
693
694
695
Before
After
GA1
696
Slide 32
GA1 Greco-Arencibia, Adrianna, 5/9/2024
697
Boynton Lakes Boulevard – Resurfacing
Cost: $421,315 North
698
699
700
701
702
703
704
705
706
707
708
709
710
Before
After
GA1
711
Slide 46
GA1 Greco-Arencibia, Adrianna, 5/9/2024
712
Meadows Way – Resurfacing
Cost: $171,215
713
714
715
716
Before
After
GA1
717
Slide 51
GA1 Greco-Arencibia, Adrianna, 5/9/2024
718
Meadows Boulevard – Resurfacing
Cost: $633,218
719
720
721
722
723
724
725
726
727
728
Before
After
GA1
729
Slide 62
GA1 Greco-Arencibia, Adrianna, 5/9/2024
730
Boynton Beach Boulevard Ext – Resurfacing
Cost: $818,333
731
Before
After
GA1
732
Slide 64
GA1 Greco-Arencibia, Adrianna, 5/9/2024
733
Before
After
734
Chapel Hill – Resurfacing
Cost: $212,278
735
736
Before
After
GA1
737
Slide 68
GA1 Greco-Arencibia, Adrianna, 5/9/2024
738
Cherry Hill – Resurfacing
Cost: $561,458
739
After
Before
GA1
740
Slide 70
GA1 Greco-Arencibia, Adrianna, 5/9/2024
741
Construction Services Road Resurfacing
Project Summary:
•Projects Completed: $3,632,064.00
•Projects Being Bid: $3,350,000.00
•FY23/24 Total Expenditures: $6,982,064.00
742
Projects in Waiting:
• Lake Shore Haven Canal Bridge (Bid docs in Finance on
hold pending possible Grant)
• Gulfstream Boulevard Road resurfacing/storm project
joint venture with Delray (Project will start 24/25)
• SE 3
rd Street Resurfacing (Possible ARPA Funds)
• Sky Lake – (State Appropriations Grant)
743
Next Year Potential Resurfacing
Locations:
• Seacrest Estates $1,100,000.00
• Meadows Remaining Neighborhoods $1,100,000.00
• Rolling Greens Neighborhood $1,100,000.00
• Possible Partial Chapel Hill $600,000.00
Total:$3,900,000.00
744
Questions
Thank you
745
City of Boynton Beach
Agenda Item Request Form
11.A
New Business
05/21/2024
Meeting Date: 05/21/2024
Discussion regarding beautification plan.
Requested Action: Requested by Mayor Penserga.
Attachments:
Commission Presentation - Beautification Plan 2024-05-21 v2.pptx
746
Beautification PlanOverview
City Commission Meeting
May 21, 2024
747
Overview
•Plan Overview
•Priority Goal
•Challenges and Opportunities
•Short-Term and Long-Term Projects
748
Plan Overview
The Plan will establish a framework to govern
short-term (i.e., next 12 months) and long-term
beautification projects in an effort to keep Boynton
Beach clean and beautiful.
Focus areas include: removal of trash and litter,
roadways, streets, and landscapes, increased
public awareness and safety, and increased
enforcement of ordinances.
Benefits of the Plan:
Consistent Direction
Informed Decision-making
Coordinated Planning Efforts
Proper Allocation of Resources
Stewardship, City Enhancement, and
Conservation of Community Assets
Positive Economic Development
749
A Clean and Beautiful
Community
Goal #1
Priority Goal
• Preventing trash, litter, or garbage from
infiltrating roadways, stormwater systems,
and open spaces throughout the community.
• Pressure cleaning sidewalks.
• Developing attractive medians, streetscapes,
and landscaping.
• Revising existing ordinances to ensure City is
taking appropriate action for cleanliness and
beautification.
• Hiring additional staff to address areas with a
high volume of trash and litter visibility.
750
Challenges and Opportunities
Challenges:
•Entry features, some roadways, and architecture
are old and outdated or are not controlled by the
City.
•Lack of community engagement in trash and litter
removal.
•Lack of programs and services proportional to the
needs of the community.
•Residents and businesses understand and share
responsibility in order to create a safe and
attractive community.
•Increases in costs for goods and services needed
to support City cleanliness efforts.
Opportunities:
• Involving residents and setting aside additional
City funds for community cleanup and trash
removal efforts.
• Supporting the enforcement of current City codes
and regulations.
• Increase public education programs on proper
trash and recycling management within the City.
• Revise and create ordinances that ensure safety
of residents and cleanliness of community.
751
Short-Term Projects – Public
Works
• Beautification Division
•Public Works will establish the Beautification Division
under the Parks and Grounds Division.
•Will ensure proper implementation of this plan and
develop programs specific to City beautification.
•Will be responsible for:
•Contract management for street sweeping;
•Right of way landscaping maintenance;
•Repair/Maintenance of City-wide sidewalks and
streets;
•Public swale tree trimming
•Maintenance, coordination, and replacement of tree
canopy with other Divisions (Sustainability, Parks,
etc.);
•Coordination of litter, garbage, bulk-trash, and
recycling inquiries or complaints, and;
•Maintenance and repair of irrigation systems along
Public Right of Ways.
• Adopt a Road
•Many miles of highway are adopted statewide by
various organizations, allowing civic-minded people
to make a difference in their organizations.
•Volunteers will enter into a two-year agreement with
the City, during which they agree to conduct litter
removal at regularly scheduled intervals.
752
Short-Term Projects –
Community Standards
• Property Maintenance Enforcement
•Developing plans to increase property maintenance
compliance by enforcing existing standards in the
following focus areas:
•Lawn/landscaping;
•Driveways;
•Exterior Walls;
•Fences, and;
•Graffiti Removal.
• Ordinance Changes
•Review and revise existing Community Appearance
and Property Maintenance ordinances to ensure
City is taking appropriate measures for
beautification.
• Community Workshops
•Coordinating community workshops designed to
educate residents and businesses about Community
Standards.
•Workshops are held quarterly and are limited to 30
attendees.
753
Thank you!
754
City of Boynton Beach
Agenda Item Request Form
11.B
New Business
05/21/2024
Meeting Date: 05/21/2024
Discussion regarding sidewalk clean up program.
Requested Action: Requested by Mayor Penserga.
Explanation of Request: The City has done a cost analysis of the sidewalks that need to be
pressure washed. The following streets are being considered:
Congress Avenue from Hypoluxo Road south to SW 30th Ave
Seacrest Boulevard from Hypoluxo Road south to Gulfstream Boulevard
Federal Highway from Gateway Boulevard south to Gulfstream Boulevard
Lawrence Road from Hypoluxo Road south to Gateway Boulevard
Gateway Boulevard from Federal Highway west to Lawrence Road
Boynton Beach Boulevard from Federal Highway west to Lawrence Road
Woolbright Road from Federal Highway west to Lawrence Road
The approximate cost would be $139,848 @ (ten) .10 per square foot.
How will this affect city programs or services? This will beautify the main thoroughfares
leading into and throughout the City.
Fiscal Impact: Staff recommends pressure cleaning to be completed twice a year to maintain
the sidewalks in a total estimated amount of $280,000.
755
City of Boynton Beach
Agenda Item Request Form
12.A
Legal
05/21/2024
Meeting Date: 05/21/2024
City Attorney's Office update presentation and six-month performance evaluation of the
City Attorney.
Requested Action: Pursuant to the City Attorney's appointment Employment Agreement, the
City Commission will provide the City Attorney with a performance evaluation after the first six
months of employment and thereafter no less than annually. This will be the City Attorney's
first performance evaluation and her current base salary is $205,000.
Explanation of Request: The City Attorney's office would like to present the City
Commission with a 6-month update, in the form of a presentation. Our office also conducted
an anonymous client satisfaction survey to gauge how the office was performing, to determine
how we can better serve the City moving forward, and to help formulate a strategic plan for the
office. The survey was sent to 27 participants, including City Administration and all Department
Directors, 25 staff members participated in the survey, and the results are attached to this
item.
The City Attorney's Employment Agreement states the City Commission will provide the City
Attorney with a performance evaluation after the first six months of employment and thereafter
no less than annually, utilizing a process, form, criteria, and format for the evaluation, which
shall be agreed upon by the members of the Commission. The Mayor and each City
Commissioner were requested to complete an evaluation form based on his/her assessment
of the City Attorney. In conjunction with the review of performance, the Commission may
increase the base salary and/or other benefits of the City Attorney in such amounts and to
such extent as the Commission may determine is proper.
How will this affect city programs or services? N/A
Fiscal Impact: Subject to Commission recommendation.
Attachments:
City_Attorney_s_Office_Six_month_review_Powerpoint (1) Amendment.pptx
City_Attorney_-_Performance_Evaluation-Short Form Final.docx
CAO Survey Results (SGL 5.1.24).pptx
756
City Attorney’sOffice
Six Month Office Review
May 21, 2024
1
757
The City Attorney’s Office
provides a broad scope of legal
services and advice to the Mayor,
City Commissioners, and City
Manager, as well as to all City
Departments.
2
758
ADVANTAGES OF IN-HOUSE CITY ATTORNEY
• The City Attorney’s Office and staff are on-site and available
for drop-in discussions,maximizing efficiencies and
preventing legal issues from escalating.
• Increased flexibility and availability to address legal concerns
in a timely manner before it’s too late.
• The City Attorney is an active member of the executive team,
bringing valuable insight and expertise.
• Deeper understanding and appreciation for the legal needs of
the City.
• The City Commission selects the City Attorney to best meet
the City’s goals.
3
759
4
ADVANTAGES OF IN-HOUSE CITY ATTORNEY
• Coordinate daily with the Risk Management Department to
preemptively identify and neutralize potential risks to the City.
• Proactive involvement and assessment of ongoing legal
matters to mitigate liability, thereby resulting in greater cost
savings to the City.
• Costs are managed through the use of budgeted staff
supplemented with the judicious use of outside counsel when
necessary.
• The City Attorney is accountable to the City Commission only.
760
5
Role of the City Attorney’s Office
ADVISORY:The City Attorney is the City’s chief legal advisor and provides legal
services to all elected Officials, Boards, and Departments.
LITIGATION:The City Attorney’s Office, with its broad scope of responsibilities, is the
backbone of all City litigation matters, encompassing employment actions, grievances,
arbitrations, land use and zoning litigation, municipal ordinance violations, forfeitures,
risk protection orders, foreclosures, injunctions, quiet title, and breach of contract
actions.
TRANSACTIONS:The City Attorney’s Office handles a wide variety of transactions for
the City, including, but not limited to, drafting, reviewing, and revising all ordinances,
resolutions, policies, and procedures of the City, preparing bid documents, negotiating
and drafting all contracts, amendments, task orders, and other contract documents,
handling real estate matters including the purchase and sale of property, leases,
property license, and access agreements.
RISK MANAGEMENT:The City’s Risk Management Department, under the guidance
of the City Attorney, takes a proactive approach in adopting policies and procedures to
minimize and mitigate risk City-wide and efficiently administers and oversees the
management and settlement of Workers’ Compensation and Tort claims.
761
6
The City Attorney’s Office is committed to
providing timely, professional, and
competent legal services consistent with
the highest professional and ethical
standards for the City and its Departments.
The goal is to protect and advance the
City’s interests in serving the people of the
City of Boynton Beach.
The City Attorney’s Office is not permitted
to give legal advice or services to individual
citizens.
762
7
CITY ATTORNEY’S OFFICE
Shawna G. Lamb Stacey R. Weinger
City Attorney Deputy City Attorney
26 years 14 years
763
ACCOMPLISHMENTS
•Integrated with City Staff and built positive working relationships
opening avenues for invaluable legal counsel and contributing to
informed decision-making and strategic planning initiatives to achieve
the City’s long-term goals.
•Hired a Deputy City Attorney and 2 paralegals.
•Implemented File Management Software to Track, Monitor, and
Electronically Store Legal Matters in compliance with prior OIG
recommendations.
•Identified deficiencies and developed processes to ensure the City’s
compliance with relevant laws, regulations, and industry standards,
mitigating legal risks and safeguarding the City's reputation and assets.
•Successfully negotiated and finalized contracts securing favorable
terms and protecting the City's interests.
8
764
•Create a culture where CAO employees are enthusiastic, ardent, and innovative
in assisting the City to achieve its goals.
•Understand City priorities and issues, collaborate with the City Commission, and
assist in formulating City policies and procedures to meet the City’s needs.
•Emphasize effective, proactive, and preventive legal advice and counsel.
•Provide quality and consistent legal services and representation to all City
representatives.
•Reduce costs by reducing reliance on outside counsel.
•Ensure that the City Attorney’s Office is accessible and responsive.
•Provide city-wide training on issues, including, but not limited to, public records
laws, sunshine law, Code of Ethics, and procurement policies and procedures.
9
CITY ATTORNEY’S OFFICE
STRATEGIC PLAN
765
COST SAVINGS
10
BUDGET YEAR AMOUNT AVERAGE
LEGAL HOURS
RECEIVED PER
MONTH
AVERAGE
BILLABLE RATE
PER HOUR
2022/2023 1.68 million 160 HOURS $875/HR
2023/2024 1.07 million 600 HOURS $149/HR
Cost Savings:By handling legal matters in-house and managing
external legal expenses, the City Attorney’s Office has contributed
to significant cost savings for the City, optimizing resource
allocation and enhancing overall financial performance.
These accomplishments demonstrate the City Attorney’s Office’s
rapid adaptation, legal acumen, strategic contributions, risk
management expertise, and tangible value addition to the City
within a short timeframe.
766
BUDGET & SALARY
COMPARISON
11
CITY BUDGET
NO. OF FULL
TIME
ATTORNEYS
POPULATION SALARY
West Palm
Beach 4.3 M 12 120,932 $230,048
BOCA
RATON 1.86 M 5 99,009 $327,591
DELRAY
BEACH 1.74 M 5 67,030 $257,451
COCONUT
CREEK 1.49 M 4 57,348 $301,225
BOYNTON
BEACH 1.07 M 3 81,000 $205,000
767
Questions &
Comments
12
768
City Attorney Performance Evaluation
Employee: Shawna G. Lamb City Commission Review Date:May 21, 2024
Name of Evaluator: _____________________________________________________________
Summary: The City Attorney began working for the City on October 23, 2023. Pursuant to the Employment
Agreement, she requested a six-month performance evaluation. Ms. Lamb’s six-month anniversary was on April
23, 2024. This evaluation should focus on how effectively the City Attorney is accomplishing the goals established
by the Commission and how she is carrying out her responsibilities in key performance areas.
Evaluation Process:
1. The Mayor and each City Commissioner are requested to complete the evaluation form based on his/her
assessment of the City Attorney.Please complete and return the evaluation form by May 13, 2024.
2. The Mayor and each City Commissioner may discuss the evaluation individually with the City Attorney at
a Performance Conferenceprior to the City Commission meeting. As a result of the discussion, preliminary
scores may be adjusted. There is a “Comments” section below each question for clarification purposes, if
necessary.If scores are adjusted, please return the updated evaluation form by May 20, 2024.
3. The Human Resources Director will compile the results of the evaluation forms and create a compiled
evaluation.
4. The performance evaluation results will be reviewed at the May 21, 2024, City Commission meeting, at
which point the Commission may consider increasing the City Attorney’s compensation.
Instructions:
The following pages define significant areas of responsibility for the City Attorney. In each section,examples
of performance and responsibilities are articulated to better explain each subject heading. Please rate the
Attorney'sperformance basedon the followingcategories:
1 Unsatisfactory Performance is well below expectations in all areas of responsibility. Serious
performance deficiencies that prohibit adequate performance in the
position. Should be evaluated for termination of the contract.
2 Below
Expectations
Performance is well below expectations in most areas of responsibility.
Serious performance deficiencies that inhibit adequate performance in the
position. Should be evaluated for termination of the contract.
3 Satisfactory Competent in the performance of responsibilities.
4 Meets
Expectations
Meets performance expectations of the position. Performs the most
difficult parts of the job competently and thoroughly. Contributes
significant results on their own initiative. Works with a high level of
independence, initiative, and concern for the quality of the service
produced by the organization.
5 Exceeds
expectations
Overall skills and abilities exceed the expectations of the position.
Demonstrates strong expertise within key areas of responsibility.
Occasionally receives outstanding results beyond the scope of the
performance plan in some key areas of responsibility over the entire
performance period.
769
Page 2 of 5
City Attorney Evaluation
1.Communication: Effectively communicates (orally and in writing) complex issues to government officials,
City staff, and the public where diverse viewpoints and goals exist. Ensures that Commission members receive
important information in a timely and effective manner. Presents the Commission and staff with clear and
accurate written reports and correspondence. Responds to correspondence, requests, and complaints quickly
and appropriately. Facilitates open two-way communication and encourages mutual honesty and respect with
the Commission, City Manager, and staff.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
2.Job Knowledge: Provides the scope of legal expertise necessary to meet the City’s needs on issues that arise.
Possesses knowledge of and provides efficient and effective advice related tothe City Charter, Code of Ordinances,
Code of Ethics, and Florida law. Applies effective litigation skills and aggressively advocates for the City. Has an
extensive understanding of legal issues faced by local governments. Has the ability to effectively formulate and
advance legal strategies that further the goals of the City.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
3.Professionalism: Deals effectively and appropriately with the Commission, City staff, and federal, state, and
other local government representatives and attorneys. Devotes time and energy to the job. Demonstrates high
ethical standards in the organization. Works to proactively approach legal matters to achieve the best possible
legal outcomes for the City. Stays active in professional organizations.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
4.Management: Effective management and supervision of the law office and as a member of the City’s
executive leadership team, including the ability to establish and maintain effective working relationshipswiththe
City Commission, City Manager, Departments, Boards, and Committees. Creates a collaborative, team-building
environment. Recognizes the accomplishments of staff and other agencies working on behalf of the City. Supports
professional growth and opportunity within the organization. Accepts full accountability for staff and the outcome
of decisions. Identifies organizational problems and recommends remedial action.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
770
Page 3 of 5
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
5.Relationship with Commission: Demonstrates a positive relationship with the Commission, both as a group
and individually, by acting as an advisor to them on legal issues as they arise. Provides concise and authoritative
legal advice. Demonstrates availability and accessibility to Commissioners as needed.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
6.Relationship with City Manager and Department Heads: Demonstrates a positive legal consultative
relationship with the City Manager and Department Heads in their pursuit of meeting the City's goals and
objectives.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
7.Completion of Work: Completes work assignments within reasonable or set time frames. (In this context,
"reasonable" means a time frame that is acceptable to the Commission in terms of their priorities and in
consideration of the attorney's ongoing workload.)
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
8.Overall Performance Impression.
☐5-Exceeds expectations ☐4-Meets expectations ☐3-Satisfactory ☐2-Below expectations ☐1-
Unsatisfactory
COMMENTS:_________________________________________________________________________________
____________________________________________________________________________________
771
Page 4 of 5
Narrative Evaluation
Strengths: Based upon your overall evaluation of the CityAttorney, what areas would you list as herstrong points?
Improvements suggested: Based upon your evaluation, what areas would you suggest the City Attorney work on
to improve her skills and to be more effective in specific areas or situations?
Objectives: List two to three performance objectives that you feel are important for the City Attorney to work on
for the coming year.
Salary:
Do you recommend a salary increase based on your appraisal of the City Attorney’s performance over the previous
six months? If yes, please indicate the proposed amount or percentage.
☐Yes, I recommend a salary increase. Proposed increase amount or percentage _______________.
☐No increase recommended.
772
Page 5 of 5
Performance Evaluation for the City Attorney
Signature Page
____________________________________________________________________________________________
Evaluator’s Signature Date
________________________________________________________________
Evaluator’s Printed Name
Performance Conference Date: _________________________
____________________________________________________________________________________________
City Attorney’s Signature Date
City Attorney’s Comments:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
773
CITY ATTORNEY’S OFFICE
6-Month Survey Results
774
HOW OFTEN HAVE YOU CONTACTED THE CITY
ATTORNEY’S OFFICE FOR ASSISTANCE DURING THE PAST
6-MONTHS?
Choice Total
Continuously (every
week)
15
Regularly (monthly)6
Irregularly (less than
monthly)
4
Never 0
775
IN WHAT AREAS HAVE YOU REQUIRED ASSISTANCE
FROM THE CITY ATTORNEY’S OFFICE DURING THE PAST 6-
MONTHS? CHECK ALL THAT APPLY.
Choice Total
Contracts 19
Policy
Drafting/Review
13
Labor/Employment 10
Real Estate 2
Disputes/Litigation 9
Code Enforcement 3
Procurement 9
Other 11
776
HOW AVAILABLE ARE LEGAL TEAM MEMBERS WHEN
YOU NEED THEM?
Choice Total
Very available 20
Available 3
Somewhat available 2
Not available 0
777
HOW PROACTIVE IS THE CITY ATTORNEY’S OFFICE IN
ANTICIPATING LEGAL ISSUES THAT ARE RELEVANT TO
YOUR DEPARTMENT AND WORKING WITH YOU TO
ADDRESS THEM?
Choice Total
Very proactive 19
Proactive 5
Somewhat proactive 0
Not proactive 0
778
HOW DO YOU RATE THE QUALITY OF THE LEGAL
TEAM’S WORK PRODUCT?
Choice Total
High quality 23
Average Quality 2
Below average quality 0
779
DOES THE LEGAL TEAM CLEARLY EXPLAIN THE LEGAL
PROCESSES, LAWS, AND RISKS THAT APPLY TO YOUR
WORK?
Choice Total
Yes 24
Somewhat 0
No 1
780
DOES THE LEGAL TEAM DELIVER WORK PRODUCT AND
ADVICE IN A TIMELY MANNER?
Choice Total
Yes 23
No 1
781
WHAT IS YOUR OVERALL SATISFACTION WITH THE CITY
ATTORNEY’S OFFICE?
Choice Total
Very satisfied 20
Satisfied 4
Somewhat satisfied 1
Not satisfied 0
782
THE LEVEL OF LEGAL SERVICES MY DEPARTMENT WILL
NEED IN THE UPCOMING YEAR WILL:
Choice Total
Grow a great deal 4
Grow to some degree 12
Remain about the same 9
Reduce to some degree 0
783
DO YOU HAVE ANY LEGAL NEEDS THAT HAVE NOT BEEN
MET BY THE CITY ATTORNEY’S OFFICE? IF YES, PLEASE
DESCRIBE.
Choice Total
Yes 0
No 18
784
HOW CAN THE CITY ATTORNEY’S OFFICE IMPROVE THE
QUALITY OF LEGAL SERVICES PROVIDED TO YOU AND
YOUR DEPARTMENT?
“The City's legal team is a key component of the city's operational makeup
and would greatly benefit from additional resources, which will assist with the
increasing workflow to complete all tasks to the quality required in public
service.”
“Increased staffing will enable more access and faster turnaround time.”
“Ensure a consistent expeditious process for reviewing and returning
products.”
“N/A, we're very happy.”
“I believe that the City Attorney's Office could benefit from additional support
and resources from an FTE perspective. This is due to the number of requests
our department alone creates.”
“Continuing to provide a high level of service.”
785
HOW CAN THE CITY ATTORNEY’S OFFICE IMPROVE THE
QUALITY OF LEGAL SERVICES PROVIDED TO YOU AND
YOUR DEPARTMENT?
“As the City Manager, I want to take a moment to really highlight how impressive the
City Attorney's office has been these past six months. The team's dedication and hard
work truly stand out. They’ve been tackling every challenge head-on, and it’s clear
they're committed to doing their best for Boynton Beach. That said, I do see where
there’s a need for a bit more support. Honestly, with all the legal stuff our city is dealing
with as it grows, it’s becoming a bit too much for the current team to handle alone. We
really need a couple more attorneys in there to help share the load. It’s only fair to
them, and it’s essential for keeping things running smoothly. Also, when it comes to
what we’re paying our City Attorney, I think we’ve fallen a bit behind. She's doing an
incredible job, just like her peers in the county, but she's not getting the same
recognition in her paycheck. We need to fix that. She deserves to earn a salary that
matches her hard work and the great job she's doing, especially when you look at
what other attorneys in similar positions are making. I'm committed to making these
changes. I’ll be pushing for this in our budget talks and working closely with the City
Commission. It’s about doing what’s right for our team and for our city. We need to
make sure our legal team is strong, supported, and fairly paid—they’re a big part of
what keeps Boynton Beach moving forward.”
786
HOW CAN THE CITY ATTORNEY’S OFFICE IMPROVE THE
QUALITY OF LEGAL SERVICES PROVIDED TO YOU AND
YOUR DEPARTMENT?
“It is excellent now!”
“Give fair notice about changes. Instead of just throwing a new policy or
procedure out.”
“Would like to request a police legal advisor as we have many legal needs
on a regular basis.”
“I don't see any room for improvement. Everyone in the office has been
responsive and helpful to Public Affairs.”
“Based on certain topics, I would love to see City Attorney's office conduct
training for staff and supervisors for example public records laws.”
“During my last staff meeting it was brought up that legal staff is as busy if not
more then other City staff members, but it would be helpful if legal could
review documents prior to a scheduled meeting.”
787
HOW CAN THE CITY ATTORNEY’S OFFICE IMPROVE THE
QUALITY OF LEGAL SERVICES PROVIDED TO YOU AND
YOUR DEPARTMENT?
“Keep up the great job!”
“I believe the CAO has provided excellent service to the City Manager's
Office and the organization as a whole since the city moved to an in-house
office. I think continuing to revamp the City Charter and reviewing the items
from the Policy Review Committee etc. will assist the CM's office. Also,
reviewing other protocols to ensure legal processes are followed in terms of
contracting/finance.”
“I think that the Leadership Team and their people who deal with contracts
should be given an overview on the Legal request software that you all want
us to use, so that everyone is on the same page.”
“You all are doing a great job, My only concern is the turn-around time with
the work-load that may come your way.”
“You all are doing great!!!”
788
PLEASE IDENTIFY ANY AREAS WHERE YOU FEEL THE CITY
ATTORNEY’S OFFICE PERFORMANCE HAS IMPROVED OR
DETERIORATED IN THE PAST YEAR.
“Attorney’s are always accessible. Much more involved in day to day matters andproviding more advice.”
“The quality of legal review is much more thorough than it was previously. It is also moreconvenient to have one-on-one access to the CAO on a daily basis.”
“The City's Attorney's office has added language that greatly protect the City, but it istime consuming, which delays projects. I'm sure once the majority of Contracts aretailored to the new language the turn around time will decrease.”
“Super responsive, consistent, and helpful!”
“Responsiveness has increased exponential.”
“Attorney's are much more accessible and available.”
“I believe the office has improved as new staff have been added to manage the workbeing received by the CAO from the various city departments.”
“Your department is very responsive.”
789
PLEASE IDENTIFY ANY AREAS WHERE YOU FEEL THE CITY
ATTORNEY’S OFFICE PERFORMANCE HAS IMPROVED OR
DETERIORATED IN THE PAST YEAR.
“Communication has greatly improved- they're accessible and quick to respond.”
“Prior attorney service was non-existent. Greatly improved.”
“I’ve been incredibly proud of the work our City Attorney's office has been doing. Thesepast six months, they've really shown their mettle. Whether it’s Risk Management, handlingour contracts, or guiding us through procurement processes, they’ve been on top of it all.Their expertise has been a game-changer for us, especially as they uncover and tacklelegal issues we didn’t even know we had.”
“Improved greatly. Very responsive and always available.”
“I have seen a tremendous improvement in the review of contracts and agenda items.”
“The time it takes for things to get returned has increased dramatically.”
“Our Legal Department is more responsive than the previous Legal team, both are greatthough.”
“Improved substantially in responsiveness, availability and providing direction andguidance.”
790
IF YOU’VE BEEN SATISFIED WITH OUR SERVICES, PLEASE
CONSIDER PROVIDING A TESTIMONIAL THAT WE CAN
SHARE WITH THE CITY COMMISSION.
“As a senior member of our City's executive staff I believe it is critical that we have aneffective, functioning legal team. One of the greatest moves our City has made sincemy arrival has been the creation of an in-house legal team. This team has been morethan stellar, and have proven themselves to be on-point providing a high level ofaccuracy and excellence in everything they do. Thank you...”
“Very satisfied with the new lawyers. They are very knowledgeable and I’m able to getany questions answered timely.”
“Thank you for your assistance.”
“I have received only positive feedback regarding the interactions and output of theCity Attorney's Office. It has been very nice to have access to our attorneys at anytime throughout the day.”
“The working relationship that the Police Department has with the City Attorney's Officeis outstanding. They have been extremely responsive to request and have voluntarilyprovidedlegalguidanceonlegislationthatimpactsthelawenforcementcommunity.”
“I appreciate access and availability to the City Attorney.”
791
IF YOU’VE BEEN SATISFIED WITH OUR SERVICES, PLEASE
CONSIDER PROVIDING A TESTIMONIAL THAT WE CAN
SHARE WITH THE CITY COMMISSION.
“Shawna and Stacey are two of the best attorney's I have worked with in my career.They are extremely knowledgeable and have been a tremendous asset to me and mystaff in a very short amount of time. Definitely a great addition to the City of BoyntonBeach team!”
“It's been great having an in-house team. The attorney's are always available whenwe need them, and provide fast and competent advice. It's nice being able to pop inand ask them quick questions about anything.”
“The new City Attorney's Office provides an unparalleled level of knowledge,experience, and willingness to assist with both proactive and reactive matters. Theyare clearly passionate about moving the City forward.”
“Unlike in the past, having someone available to consult with in matters relating to theFire Department is invaluable.”
“The city attorney's office has never failed to be responsive, professional, informed andhelpful when we need it. Their guidance on legal matters regarding media, socialmedia and public records has been crucial to the work of the public affairs office on aregular basis.”
“You all are awesome and very responsive. Thank you!”
792
IF YOU’VE BEEN SATISFIED WITH OUR SERVICES, PLEASE
CONSIDER PROVIDING A TESTIMONIAL THAT WE CAN
SHARE WITH THE CITY COMMISSION.
“I can't stress enough the difference it's made having our own in-house city
attorney, Shawna, Stacey, and their whole legal team, compared to relying
on an external law firm. Before we brought our legal team in-house, getting
answers to legal questions felt like pulling teeth. It was tough. We'd send out a
question and just wait... sometimes for days. It felt like we were just another
number in the queue at a big, busy law firm. Now, it's a whole new ball game.
Shawna and Stacey have completely transformed our experience. They
make us feel like we're their top priority. Questions get answered quickly, and
the guidance we receive is not only fast but incredibly thorough. Their
dedication to the city's needs is clear in everything they do. It's like having a
guardian angel who knows all the legal ins and outs and is always ready to
help. Our legal team’s presence has brought a sense of security and
efficiency that you just can't replicate with an external firm. They're part of our
city family, deeply involved in our projects and challenges. Every city should
have the privilege of this kind of dedicated, in-house legal expertise.”
793
IF YOU’VE BEEN SATISFIED WITH OUR SERVICES, PLEASE
CONSIDER PROVIDING A TESTIMONIAL THAT WE CAN
SHARE WITH THE CITY COMMISSION.
“The in-house legal team is very efficient, responsive, professional andknowledgeable. They have provided me information that allows me toconfidently perform my duties. They have been forthcoming in their guidanceand been willing to review documents to ensure that not only the City butindividual employees are meeting legal requirements.”
“I was getting our Chapter One Amendments together just as the transitionfrom the previous legal team to the new City Attorney coming on board.Personally I thought there was going to be a delay in service but Shawnapersonally reviewed and helped reword and correct some necessary items.We were able to get both readings approved and submitted to the FloridaBuilding Commission prior to the code cycle change.”
“The City Attorneys Office has been extremely helpful with creation ofpolicies, procedures, and agreements in the events department which werenot available prior to their tenure. With their assistance, we have been able todevelop sponsor relationships, partner with non-profits, and take our events tothe next level. Thank you so much for your patience and understanding whilewe grow!”
794